Articles Posted in Slip And Falls

The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court order that denied the defendants’ motion for summary judgment in a personal injury case involving a dart board at a bar.

Mooney’s Sports Bar & Grill is owned by McCann’s, Inc. Daart Amusement is a company that manufactures and services dart boards for bars and restaurants. Daart installed a dart board at the sports bar. One day, the plaintiff was at Mooney’s, standing near the dart board. A patron playing darts threw a dart at the dart board, which then struck the plaintiff. The plaintiff filed a personal injury lawsuit against McCann’s and Daart.

Both defendants filed a motion for summary judgment, requesting that the complaint be dismissed. In its motion, McCann’s argued that the plaintiff’s claim was barred under the doctrine of assumption of risk. The trial court rejected this argument and denied McCann’s motion for summary judgment. McCann’s also argued that the plaintiff was the sole proximate cause of his injuries, but because McCann’s failed to include an affidavit or affirmation supporting this contention, the court declined to consider the argument.

The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order that denied both the defendant’s motion for new trial and the defendant’s motion to reduce judgment interest rate in a personal injury case involving a lawnmower accident.

An employee of the New York City Housing Authority was mowing a lawn using a lawnmower. The plaintiff, a small child, was standing near the yard. When the lawnmower ran over a rock, the machine ingested the rock and then rapidly ejected it at the plaintiff. The rock struck the plaintiff on the left shin. The projectile rock caused serious and permanent damage. The plaintiff suffered from a large, open gash with exposed shin bone, a spiral fracture in his left tibia bone, and permanent damage to the tendons, ligaments, muscles, and nerves in his leg. The plaintiff was immediately hospitalized and remained in the hospital for 3 days where he was outfitted with a cast and necrotic tissue was removed. The plaintiff wore the cast for 6.5 weeks. When the cast was removed, he was left with a permanent scar that ran the length of his shin. Due to permanent muscle and tendon damage, the plaintiff can no longer participate in sports.

As a result of the accident, the plaintiff filed a personal injury lawsuit against the New York City Housing Authority. Even though the New York City Housing Authority itself was not personally responsible for the accident, its employee was, and the employee was acting as an agent of the Housing Authority when he was mowing the lawn. Employers are responsible for the actions of their employees and can be liable when the employees act negligently while on duty and performing their work tasks. This employee was tasked with mowing lawns for properties owned by the Housing Authority. The employee must take care when mowing lawns to ensure he operates the lawn mower safely. Running over a rock is dangerous – it can damage the lawn mower and can cause an accident such as this. Because the employee acted negligently by running over the rock, the Housing Authority was liable for his negligence.

The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying the defendants’ motion for summary judgment in a personal injury case involving horseplay in a pool at a party.

The defendants hosted a party at their house. Around 1:00 a.m., the plaintiff joined some others in the pool. The pool was above-ground and equipped with a long slide. The plaintiff dove head-first down the slide. When she slid into the pool head-first, she hit her head on the bottom of the pool and sustained injuries. The plaintiff filed a personal injury lawsuit, alleging the defendants were responsible for her injuries.

The defendants moved for summary judgment, arguing that the plaintiff’s claims were prevented by the doctrine of assumption of risk. The defendants argued that the plaintiff participated in a risky activity (sliding into a pool head-first) and that the plaintiff was therefore the proximate cause of her accident. As such, the defendants argued that the complaint be dismissed. The plaintiff filed opposition papers, and the trial court judge denied the defendant’s motion for summary judgment. The defendants appealed.

The New York Supreme Court, Appellate Division, First Department granted partial summary judgment to the plaintiff in a ladder / elevation case under Labor Law 240.

The plaintiff was an electrician for Atlas-Acon Electric Service who was working on NBC property in New York City. The plaintiff ascended an A-frame ladder in order to replace the ballasts on 25 light fixtures. After completing his job, he began to descend the ladder. At this time, the ladder swayed, and the plaintiff fell, sustaining injuries. The plaintiff filed a personal injury lawsuit for Labor Law 240 violations.

Labor Law 240 (1) is also known as the Scaffold Law. Labor Law 240 covers protections for employees working at elevated heights. It requires employers to provide or erect scaffolding, blocks, irons, ropes, pulleys, and harnesses for employees working at elevated heights. The law was codified in order to protect employees from the increased risk of danger and injury at elevated heights. The law is specifically directed at employees working on construction or renovation sites. When an employer fails to provide or maintain any equipment as required by Labor Law 240, the employer has violated the law. A violation of Labor Law 240 is evidence of negligence if the employee falls or is otherwise injured due to lack of safety equipment.

The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying summary judgment to a landlord sued by his renter after a nasty fall down the stairs.

The plaintiff lived in a duplex owned by the defendant landlord. A set of exterior metal stairs at the building led to the front entrance. The metal was corroded, and parts of the handrail that had corroded had been haphazardly welded back together. The plaintiff descended the stairs, gripping the handrail on his way down. A portion of the handrail that had been welded then broke off in the plaintiff’s grasp, causing him to tumble down the stairs. The plaintiff sustained injuries due to the fall.

The plaintiff brought a premises liability lawsuit to recover for personal injury damages. In his complaint, the plaintiff alleged that the landlord was negligent in maintaining the stairs and handrail in a safe condition. The landlord filed a motion for summary judgment, requesting that the complaint be dismissed.

The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied the defendant’s motion to dismiss in a personal injury case involving falling debris.

The plaintiff was a teenage student at Locust Valley High School at the time of the accident. The plaintiff volunteered with the high school’s stage crew. On the day of the incident, the plaintiff was walking down a hallway. Alongside the hallway was a series of shelves. A stick was protruding from a shelf. The plaintiff bumped into the stick. In order to move it out of the way, the plaintiff decided to pick up the stick and put it on the top shelf. The plaintiff was unable to see the top shelf, so he attempted to blindly place the stick on the shelf. While doing so, he felt the stick hit something and push something off of the shelf. In that instant, two wood boards fell off of the shelf and landed on him, injuring him.

The plaintiff filed a personal injury lawsuit against the high school, alleging premises liability. The plaintiff claimed that not only were the loose wooden boards a dangerous condition but also that the school failed to properly supervise the plaintiff.

The New York Supreme Court, Appellate Division, Second Department affirmed a trial court order denying a school district defendant’s motion for summary judgment after the plaintiff tripped over a pole vault box and sustained injuries.

In 2010, the plaintiff went to Longwood High School to watch her niece’s softball game. While walking across a field at the high school with her daughter, she was on a paved part of the field and was chatting with her daughter, not looking down. She tripped over the pole vault box, fell, and sustained injuries. She then brought a personal injury lawsuit against Longwood Central School District.

In her affidavit, the plaintiff stated that she had never been to the school’s field area before and was not familiar with it. She said she believed she was walking on a walkway at the time of the fall, but in reality, she was walking on the pole vault runway. She said that because she was talking with her daughter right before the trip, she wasn’t looking down to see what the ground was like or if she was approaching any obstacles. The school district moved for summary judgment, arguing that the pole vault box would have been very obvious to the plaintiff had she exercised care and looked down at the ground while walking.

The New York Supreme Court, Appellate Division, Second Department reversed a Trial Court’s order denying the defendant’s motion for summary judgment in a slip-and-fall bathroom case.

The plaintiff was a frequent visitor at the Yonkers Racing Association. She had used the bathroom at the facility many times in the past. On the day of the accident, she walked into the bathroom. While she was walking through the bathroom, she fell and injured herself. She notified a security officer on the property about her fall. The plaintiff told the security officer what had happened, and he typed up a report. The report said that when walking into the bathroom, the plaintiff looked into the mirror that was on the right wall by the entrance. The plaintiff said she was not paying attention and walked into a wall, which caused her fall.

The plaintiff filed a personal injury lawsuit against Yonkers Racing Corporation, which owns the racetrack in New York. In her complaint, she alleged that Yonkers Racing Corporation’s negligence caused her slip-and-fall injuries. Yonkers responded, and the parties then began the discovery process.

The New York Supreme Court, Appellate Division, Second Department dismissed a personal injury case against a building owner and Chinese restaurant when the plaintiff mistakenly sued the wrong entity.

While walking down the sidewalk on Fifth Avenue in Brooklyn, the plaintiff tripped over a cellar door and fell, sustaining injuries. She brought a personal injury suit against 197 Fifth Avenue, the building owner, and Sun Luck Restaurant, a Chinese restaurant that used a cellar at the building.

A civil case, including a slip and fall lawsuit, begins when the plaintiff files a complaint. The complaint must contain the plaintiff’s specific claims, as well as some facts to support those claims. The defendant’s answer contains counterclaims or defenses, as well as facts to support the counterclaims and defenses.

The New York Supreme Court, Appellate Division, Second Department ordered a new trial in a slip-and-fall accident case after the plaintiff’s lawyers made prejudicial comments in the closing argument before the jury.

The plaintiff slipped and fell while shopping at the defendant’s supermarket. After falling and sustaining injuries, she was taken to the hospital. While in the emergency room, she was cared for by a triage nurse. According to medical records maintained by the triage nurse, she told the nurse that she had fallen outside of the grocery store, not inside.

The parties proceeded to trial. At trial, during opening statements, the defense spoke of his star witness, the triage nurse and her medical report. He shared with the jury that this nurse saw the plaintiff in the emergency room right after the accident and that the plaintiff told the nurse that the fall didn’t occur at the supermarket.