Premises Liability

New York Appellate Court Says Fuel Nozzle Manufacturer and Gas Station Owner Should Have Been Granted Summary Judgment in Fueling Accident Case

Published on: August 23, 2019 | By Jeff DeFrancisco

A Syracuse personal injury lawsuit may involve one defendant or multiple defendants. Likewise, a single theory of liability may be asserted, or multiple theories may be included in the plaintiff’s complaint for damages.

The more defendants and the more theories of liability, the more likely it is that some of the claims against the defendant(s) will be dismissed prior to trial. Typically, this is done through the summary judgment process. A party who is aggrieved by a trial court’s decision on a motion for summary judgment may opt to ask an appellate court to review the matter.

Facts of the Case

In a recently decided appellate court decision, the plaintiff was a limousine company employee who was driving a bus made by the defendant bus manufacturer when, in 2012, she stopped at a gas station owned by the defendant gas station owner to refuel. According to the plaintiff, she put the nozzle of the pump into the bus’s fuel tank, engaged the hold-open clip on the nozzle, and waited while the bus refueled. When fuel began to spill out, she disengaged the clip, stopped the flow of fuel, and waited for the pressure to subside. When she removed the nozzle about 20 or 30 seconds later, fuel ejected from the tank and into her eyes, as well as onto her face and body.

New York Appellate Court Finds that Jury’s Verdict in Premises Liability Case Was Not Supported by the Evidence

Published on: August 18, 2019 | By Jeff DeFrancisco

When the owner of a piece of property does not use reasonable care to keep the property safe for those who have a legal right to go onto the property, a premises liability lawsuit may result. In such an action, the plaintiff must prove, by a preponderance of the evidence, that the defendant’s negligence resulted in his or her injuries. Of course, the defendant will likely deny that he, she, or it should be held liable for the plaintiff’s injuries, and the case may proceed to trial for a determination of the issues.

A party who is dissatisfied by the jury’s verdict and/or the decisions made by the trial court judge may be able to seek further review from an appellate tribunal. If you have been injured and question whether the owner of the property took reasonable care to ensure the safety of those visiting the property, you should speak with a Syracuse premises liability attorney to discuss your case.

Facts of the Case

In a recent case, the plaintiff was a man who filed a personal injury lawsuit against the defendant city, seeking to recover damages for injuries he alleged sustained after tripping on a piece of torn carpeting in the city’s fire department (the plaintiff was employed as a firefighter). The plaintiff’s lawsuit contained allegations under New York General Municipal Law § 205-a, based upon alleged violations of the city’s building code and fire code. The case was tried to a jury, which found that the defendant had violated certain provisions of the city’s building code but that these violations did not cause the plaintiff’s accident either directly or indirectly. The jury also found that there was no violation of New York labor law by the defendant.

New York Woman’s Slip and Fall Claim Fails, Due to Lack of Proof as to How Much Water Was Present in Floor or How Long it Had Been There

Published on: July 16, 2019 | By Jeff DeFrancisco

Generally speaking, in order to be successful in a Syracuse slip and fall case, the injured party must be able to prove that he or she was injured as a result of the negligence of a business owner or land holder.

The law does not allow for money damages simply because one person fell on someone else’s land; rather, there must have been some deviation from the usual standard of care owed to those who lawfully come upon another’s property before a verdict can be entered in the plaintiff’s favor.

Because these cases can be challenging, it is important to speak to an attorney as soon as possible if think you may have a claim against a business or landowner due to injuries suffered in a fall-down accident.

New York Worker’s Labor Law Claim for Injuries Suffered While Replacing Light Strands Failed Because the Work Was Maintenance, Not Repair

Published on: June 11, 2019 | By Jeff DeFrancisco

When someone is hurt on the job, there are several possible legal remedies. Depending upon the situation, a Syracuse construction accident claim may be a viable option.

A claim for workers’ compensation benefits is another possibility, as is a labor law claim in some instances.

Talking with an experienced personal injury attorney can help you get started on the process of holding the responsible party accountable for your medical expenses, lost earnings, and other compensable losses.

New York Mall Owner Was Not Entitled to Summary Judgment on Storm-in-Progress Defense to Premises Liability Claim

Published on: May 8, 2019 | By Jeff DeFrancisco

In the state of New York, landowners and business operators owe certain duties to those who come upon their property for a business purpose, such as a shopper going to a mall to make a purchase.

A Syracuse premises liability lawsuit can result when a business patron is injured because a property owner did not act in a reasonably prudent manner and this resulted in physical harm to an invitee.

If the person who is injured on business property is able to prove that his or her injuries were due to the defendant’s negligence, he or she may be entitled to substantial financial compensation. However, it is important to note that there are deadlines for filing a claim in such cases, and claims not filed in accordance with the time set by law are usually deemed to have been waived.

Summary Judgment Partially Granted and Partially Denied in New York Woman’s Case for Injuries Caused by Neighbors’ Dogs

Published on: April 2, 2019 | By Jeff DeFrancisco

Dog bites can cause serious harm, potentially triggering a Syracuse personal injury lawsuit. In most personal injury cases, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her a legal duty, that this duty was breached, that the plaintiff was harmed, and that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. In a case involving a dog bite injury, however, the usual rules do not apply. Rather, under New York law, a dog’s owner will not be held to be “negligent,” even if his or her dog bites another person and causes serious personal injury.

Instead, the law of strict liability applies – but, only if the dog has either been previously adjudicated as a dangerous animal or if the victim can prove that the dog had a dangerous tendency to bite (and that the owner knew this.) If the owner is held strictly liable, he or she must pay both the human victim’s medical expenses and the veterinary costs if another animal was involved.

Facts of the Case

A recent case arising from the Supreme Court of Erie County, New York, involved an encounter between the plaintiff and her dog and two dogs owned by the defendants. According to the plaintiff, she was walking her dog when the defendants’ dog approached them. One of the defendants’ dogs only sniffed at the plaintiff’s dog, but the other dog allegedly came toward them at a full run and began biting the plaintiff’s dog. The plaintiff, in turn, lost her balance, fell over one of the dogs, and fractured her arm.

New York Woman Wins Slip and Fall Lawsuit Against Landlord

Published on: March 6, 2019 | By Jeff DeFrancisco

In a New York “slip and fall” negligence case, the plaintiff must be able to prove that the defendant breached a duty of care owed to him or her, proximately causing the damages for which he or she seeks monetary compensation. Because New York is a pure comparative negligence state, it is likely that the defendant in such a case will try to place as much fault as possible on the plaintiff. Under the doctrine of pure comparative fault, the plaintiff’s own fault will not bar recovery, but it will reduce the damages that are recoverable in proportion to the plaintiff’s own negligence.

In other words, if the jury finds that the plaintiff is entitled to $50,000 in monetary damages for his or her injuries suffered in a fall but determines that he or she was 50% at fault in the accident, the plaintiff will only receive $25,000.

Facts of the Case

In a recent case, the plaintiff was a woman who filed suit against the defendant landlord in the Supreme Court for Niagara County, asserting a cause of action for negligence. According to the plaintiff, she slipped and fell outside her apartment building due to ice that the defendant had failed to remove. The plaintiff’s suit seeking compensatory damages for her personal injuries proceeded to a jury trial.

New York Appellate Court Grants Summary Judgment to Defendant in Slip and Fall Case

Published on: January 23, 2019 | By Jeff DeFrancisco

Slip and fall accidents are all too common. A business may neglect to clean up snow and ice in a timely fashion, or an area grocery store may have an employee who doesn’t clean up a spill after being told to do so. These and many other scenarios can lead to a Syracuse premises liability lawsuit. Like other negligence actions, the plaintiff must be able to prove that the defendant breached a legal duty to him or her and that this was the proximate cause of his or her personal injuries in order to prevail at trial.

This can be a difficult proposition, especially if the allegedly dangerous condition was only present for a short time. Having effective legal representation can help improve the plaintiff’s chances of success on the merits of his or her claim.

Facts of the Case

The plaintiff in a recent case was a woman who sought monetary compensation for personal injuries she suffered during a slip and fall accident on the premises of an apartment building. She filed suit against the defendants, the owners of the building, seeking payment for her medical expenses, pain and suffering, and other damages resulting from the fall. According to the plaintiff, her fall occurred due to the wet condition of a staircase at the building, and the defendants either knew about the condition or, in the exercise of due diligence, should have known about it.

Stairway/Staircase Falls in Syracuse

Published on: July 23, 2018 | By Jeff DeFrancisco

Stairs can become a safety hazard if they are not maintained properly. In fact, most stair related accidents would not happen if not for the carelessness of someone. If you have slipped and hurt yourself on stairs on someone else’s property, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse slip and fall attorneys will analyze the facts of your case and help you understand your legal rights and options.

The National Safety Council reports that over 1 million injuries occur every year as the result of stairway falls. In fact, staircase and stairway accidents are the second leading cause of accidental injury, falling behind only motor vehicle accidents. Nearly 100,000 children under the age of 5 suffer stair-related injuries on an annual basis. Dangerous stairway conditions can be the result of common wear and tear, negligent maintenance or even poor maintenance. Common causes of staircase hazards that can lead to accidents causing injury include, but are not limited to:

Loose or missing handrail,
Unevenly spaced risers;
Chipped, worn, cracked, broken or missing steps;
Poorly lit stairwells;
Slick or slippery stairs;
Debris or clutter on stairs;
Loose or damaged treads, runners or carpeting.

The Attractive Nuisance Doctrine in New York

Published on: March 6, 2018 | By Jeff DeFrancisco

Children are curious by nature, and that can be a great asset when it comes to learning, but the same curiosity can put them in dangerous situations. If your child has been injured after wandering onto someone else’s property, you may be able to seek compensation for his or her injuries. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the nuances of New York premises liability law and can apply our knowledge to use in your case. Our firm is passionate about advocating for the rights of the injured, and we will do our best to make sure your rights are protected at every step of the way.

Generally, those who enter another party’s property without permission are called trespassers under the law and given little legal protection if they are injured. There is, however, an exception to this rule when it comes to children, and property owners have some responsibility to a trespasser when that trespasser is a child. The attractive nuisance doctrine protects children injured on another person’s property. Put another way, the attractive nuisance doctrine holds a landowner accountable for injuries to children trespassing on the land if the injury is caused by an artificial dangerous object or condition on the land that is likely to attract children who are unable to appreciate the risks and hazards associated with that object or condition. The idea is that property owners should be able to foresee that children may enter the property if certain “attractions” are present, including but not limited to:

Swimming pools;