Recent Blog Posts
Maintenance Company Not Liable for Garage Elevator Free Fall
A New York appellate court ruled last month that a contractor cannot be liable for injuries that may have been in part caused by a negligent inspection where the contractor’s actions did nothing to launch “a force of harm” by creating or exacerbating an unsafe condition. The case of Medinas v. Milt Holdings involved… Read More »
Bronx County Court Affirms that Driver Who “Stops Short” may Still Recover in Rear-End Collision
In the recent case of McCloskey v. Nieves, the Supreme Court, Bronx County ruled on an issue involving an all-too common question of who will be liable when one motorist rear-ends another motorist who allegedly “stopped short,” or in other words braked a car so suddenly as to not leave sufficient time for the… Read More »
Can Housemates be Liable for a Co-tenant’s Dog Attack?
When a dog bites or attacks a person, the dog’s owner is strictly liable for the damages caused if the owner knew or should have known about the animal’s vicious propensity. What about other people who live in the same house but do not own the dog? Can they ever be held liable for… Read More »
Nassau County Court Decides Issues of Medical Malpractice, Negligence and Punitive Damages in Wrongful Death Case
The case of D’Alessandro v. Nassau Health Care Corp. involved a mother whose son was hit by a car and later died after receiving treatment at the hospital. The mother believed medical errors caused her son’s death, and she sued several doctors and the hospital for negligence, medical malpractice and wrongful death. Both sides… Read More »
Officer Injured in Scuffle Sues Arrestee but Has Case Dismissed
Police officers can be injured in the line of duty in many ways, including when having to physically subdue a suspect who is violently resisting arrest. In most cases, the officer cannot sue another party for an injury which occurs while performing police duties, such as an injury suffered while making a lawful arrest…. Read More »
An Open and Obvious Danger May Still Be a Trap for the Unwary
Property owners can be held liable for injuries caused by dangerous conditions on their property, such as a hole in the ground that somebody could step into and then trip and fall. Generally, the property owner can avoid liability if the dangerous condition is readily observable by people “employing the reasonable use of their… Read More »
Negligence v. Strict Liability: Another Chapter in the Continuing Saga of New York Dog Bite Law
In April of 2013, we reported on the case of a bicyclist who was injured in Central Park when a dog ran into his path (see Man on Bike Collides with Dog Running Free Across Central Park Roadway, posted April 18, 2013 ). The cyclist sued the man who was holding the dog for… Read More »
When does a contractor owe a duty of care to third parties injured on the premises?
Does a snow removal company owe a duty of care to third parties who use the premises after the snow has been removed? When a fire sprinkler system malfunctions and floods a commercial tenant’s leased premises, can the tenant sue the company under contract with the building’s owners to inspect the sprinkler system? When… Read More »
Second Midtown Crane Accident in Two Months Sends Seven to the Hospital, Injures Several Others
On May 31st, a four-ton heating and air-conditioning unit came crashing to the ground in the middle of Madison Avenue. Ten people were injured by the accompanying falling debris and broken glass, and seven were taken to the hospital for their injuries. The HVAC unit was being lifted by a crane and hauled to… Read More »
Bronx County Court Rules on Probable Cause Issues in Arrestee’s Civil Rights Claims
An arrest and imprisonment committed without a warrant is presumed to be unlawful, and a person so arrested may have a civil case for false imprisonment. However, law enforcement can overcome the presumption that a warrantless arrest was unlawful by showing that they had probable cause to arrest. As a recent case in the… Read More »