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Articles Posted in Premises Liability

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Court Explains Constructive Versus Actual Notice in New York Slip and Fall Cases

Claims arising from slip-and-fall incidents in residential and institutional settings often turn on a critical question: whether the property owner knew, or should have known, of a hazardous condition. A recent decision from a New York court demonstrates the evidentiary burdens placed on both sides and highlights how constructive notice,…

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New York Court Discusses Liability for Falls on Sidewalks

When pedestrians walk along city streets, they expect reasonably safe pathways. Yet, many urban areas include sections without constructed sidewalks, forcing individuals to walk on driveways, grass strips, or unpaved paths. Questions often arise regarding who bears responsibility when an injury occurs in such spaces. A recent New York opinion…

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New York Court Discusses Evidence Sufficient to Support a Premises Liability Claim

When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will…

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New York Court Discusses Procedural Considerations in Slip and Fall Cases

While accidents frequently happen in businesses or social establishments, not every fall or injury creates a basis for legal recovery. In premises liability cases, New York courts require proof of a dangerous condition and evidence that the landowner either created or knew about the defect. A recent decision issued in…

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New York Court Discusses Civil Immunity for Non-Profit Organizations

Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit…

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Court Discusses Establishing Liability for Slip and Fall Accidents Under New York law

Slip and fall accidents happen with regularity in superstores, and in most instances, they are caused by liquid or other slippery substances that have spilled onto the ground. Store owners have an obligation under the law to maintain their premises in a safe condition, and they can be held accountable…

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New York Court Discusses Proving Liability for a Trip and Fall Accident

New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people…

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New York Court Explains a Plaintiff’s Burden of Proof in a Premises Liability Case

Under New York law, property owners have a duty to maintain their premises so that they are safe for all legal entrants. When property owners fail to uphold this obligation, it often leads to dangerous conditions, and people hurt in accidents caused by such hazards may be able to recover…

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New York Court Considers Appropriateness of Verdict in Favor of Woman Who Was Injured in Incident at Mall

Tragedy can strike in just a moment. One minute, someone is driving down the road, going in for a routine medical procedure, or even standing in the parking lot of a mall, and the next minute their life is changed forever. When someone is hurt because of another’s failure to…

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New York Appellate Tribunal Rejects Snow and Ice Cleaning Contractor’s Request for Summary Judgment in Slip and Fall Lawsuit

Property owners are not liable for every injury that happens on their premises. For instance, it would be unlikely that liability would lie with a property owner in a Syracuse premises liability lawsuit in which a passerby was struck by a limb blown down by tornadic or hurricane-force winds. However,…

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