Premises Liability

  • New York Law Journal | News

    NYC Housing Authority Under Fire Over Lead Paint, In and Out of Court

    By Andrew Denney | February 16, 2018

    As members of Gov. Andrew Cuomo's team engage in talks with New York City Council members about improving the city's public housing stock, the city is also fighting numerous legal battles with public housing residents suing over lead paint.

  • New York Law Journal | Analysis

    Two Rulings Regarding Ramps

    By Brian J. Shoot and Susan M. Jaffe | February 1, 2018

    In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.

  • New York Law Journal | Analysis

    Riding Into Litigation: An Overview of Skateboard and Hover Board Liability

    By Robert D. Lang and Rachel Nudel | January 22, 2018

    Robert D. Lang and Rachel Nudel write: Whether skateboard, electric hover board, or hybrid electric skateboard, the use of these small personal vehicles presents a range of legal issues for the general public, operators and practitioners.

  • New York Law Journal

    Defending Civil Claims Involving Allegations of Criminal Culpability

    By Elizabeth A. Fitzpatrick, Chair, NYSBA Torts, Insurance and Compensation Law Section | January 19, 2018

    Elizabeth A. Fitzpatrick, Chair of the NYSBA Torts, Insurance and Compensation Law Section, writes: Defending a civil suit involving criminal claims presents unique challenges to the parties and an understanding of the effect a plea or conviction in the criminal matter may have, not only on the civil lawsuit itself, but also on the availability of insurance coverage to cover any damages, is important.

  • New York Law Journal | News

    Retailers Let Out of Lawsuit Filed by Woman Struck by Falling Shopping Cart

    By Andrew Denney | January 18, 2018

    A Manhattan woman who was seriously injured in 2011 when she was hit with a shopping cart that two adolescents pushed from the fourth level of a shopping center may continue to pursue claims against the property owner and the security firm on watch, a judge ruled.

  • New York Law Journal | Analysis

    Las Vegas Massacre: Is the Hotel Liable?

    By Thomas A. Dickerson | January 18, 2018

    Thomas A. Dickerson writes: The liability of the Mandalay Bay Resort & Casino for the tragic events in Las Vegas will certainly depend upon the facts that are developed through discovery. However, the uniqueness of Paddock's reign of terror combined with no prior instances of similar misconduct may also have some impact upon the issue of liability.

  • New York Law Journal | News

    Judge Trims Bronx Slip-and-Fall Verdict to $9.7M

    By Andrew Denney | January 17, 2018

    The original recovery awarded by a Bronx jury had been $12.6 million.

  • New York Law Journal

    Bouchard v. U.S. Tennis Association, Inc.

    By newyorklawjournal | New York Law Journal | September 15, 2017

    Sanctions for Spoliation Denied Where Party Complied with Preservation Letter

  • New York Law Journal

    NY Building Injury Suit Fell Short, Appeals Court Rules

    By Jason Grant | August 9, 2017

    A company that owned a service ramp at the One New York Plaza building's loading dock shouldn't be liable for the injury of a security officer who failed to raise a triable issue of fact regarding negligence in the ramp's construction, a state appeals court has ruled.

  • New York Law Journal

    Out-of-Possession Owners and Snow, Ice Liability: Appellate Courts Are Split

    By Alan R. Levy | July 17, 2017

    Alan R. Levy writes: Do "out-of-possession" commercial landowners, who have transferred possession and control of premises to a commercial tenant, retain the non-delegable duty to remove snow/ice from their abutting sidewalks? Can they be liable for injuries arising from an alleged failure to do so? The courts appear to be struggling with this question, as there appears to be a split among the First and Second Departments.

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