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A trip to your local Bronx grocery store should be routine. However, a wet floor, a spilled product or a broken tile can turn an ordinary errand into a serious accident. After a slip and fall at a grocery store, one of the first questions people ask is who should pay...
Injured in a trip and fall accident in New York? Know your legal rights. If you were injured in a trip and fall accident in New York due to the negligence of another you are entitled to compensation for any injuries caused by the accident. At [nap_names...
Witnesses can significantly impact the outcome of a slip and fall accident claim in New York. Their testimony can provide crucial details that support your version of events, helping you build a stronger case. Here's how witnesses can help. Eyewitness accounts...
Responsibility for sidewalk accidents in New York City depends on Administrative Code § 7-210 and New York’s common law. Generally, property owners abutting the sidewalk are liable under Administrative Code § 7-210, but there are exceptions for owner-occupied one-, two-, or three-family homes, areas not defined as “sidewalk,” and tenants. If § 7-210 doesn’t apply, New York’s common law rules dictate liability, typically falling on the City of New York unless an abutting landowner or tenant created the dangerous condition, made negligent repairs, used the sidewalk specially, or had a comprehensive maintenance contract. Proper legal analysis is crucial to determine liability after a New York City sidewalk accident.
In New York, a landlord or business can still be liable for a slip and fall injury even if they routinely mop or clean the area—if they knew the hazard kept recurring and never fixed the root cause. Learn how the recurring condition theory can help prove your case.
In New York slip and fall cases, defendants often claim they recently cleaned or inspected the area to avoid liability. But courts routinely reject these defenses when they’re based on general policies rather than specific evidence. Learn how MJP Injury Law defeats these dismissal tactics.
Expert testimony can make or break a New York slip and fall or trip and fall case—but only if it’s done right. Courts require expert opinions to be based on facts, personal observation, or site-specific testing. Learn how the right expert can help you prove your case and when their testimony is admissible under New York law.
Spinal cord injuries (SCIs) from slip and fall accidents can affect a person's quality of life. In addition, the road to recovery of injured individuals can be long and arduous. What consequences can affect those who have suffered an SCI, and how can they seek...
Slipped and Fell in a New York Store Without Reporting It? You Can Still File a Claim!
Did you know that you can still pursue compensation for a slip and fall injury in New York even if you didn’t file an accident report at the store? New York law does not require an incident report to seek damages for your injuries. What matters is proving the store’s negligence and that the accident caused your injuries. Learn how you can strengthen your case and why consulting an experienced New York personal injury lawyer can make all the difference.
Does Special Use Create a Duty to Maintain? New York Law Says Yes
When a party makes special use of public property, does it merely assume liability if its use creates a dangerous condition, or does it have an affirmative duty to maintain the area? Under longstanding New York common law, the answer is clear: special use imposes a duty to maintain. The New York Court of Appeals has repeatedly confirmed this principle in cases such as Poirier v. City of Schenectady and Kaufman v. Silver, yet some Appellate Division decisions have misinterpreted the doctrine by improperly requiring that the special use itself create the dangerous condition before liability attaches.
This blog post explores the Court of Appeals’ precedent, clarifies the proper application of the special use doctrine, and explains why the mistaken rulings by certain lower courts should be overruled. Understanding this distinction is crucial for attorneys navigating premises liability cases in New York.
Read on to uncover why special use isn’t just about creation—it’s about maintenance.