Skip to main content

Recent Cases: Appeals Court Reverses Lower Court in Slip and Fall

In a decision issued on March 18, 2015, a New York appeals court reversed a lower court decision dismissing a slip and fall case. The plaintiff was a 12-year-old boy. He was injured when he slipped and fell on "loose and broken pieces of asphalt" as he was running towards an ice cream truck near an Ikea store in Brooklyn.

There were two interesting things about the decision. First, like many slip and fall cases, the case turned on constructive notice--how long was the loose/broken asphalt on the ground before the accident so that the defendants should have seen it and corrected the dangerous condition? The appeals court said the defendants failed to show when they last cleaned or inspected the area, so they did not establish lack of constructive notice.

The more interesting thing is that apparently the boy told staff at the hospital where he was taken that he tripped over his shoelaces. The defendants found this in the hospital records and basically said, "Ha! He did not slip on loose/broken asphalt; he tripped over his shoe laces, so we're not at fault."

The appeals court said not so fast, the mother was not sure what the boy told hospital staff about how the accident happened, and the father testified he saw the boy slip and fall on asphalt and saw that the boys' shoes were tied. The court said this evidence created an "issue of fact" for a jury to decide about what caused the accident and what the boy told the hospital staff.

Good job by the appeals court. The next step is a trial or settlement.

Comments

Popular posts from this blog

Know Your Rights: New York's Consumer Protection Statute

Under New York law, there are several ways that consumers can recover damages (money) or other relief against businesses that ripped them off, deceived them, or otherwise treated them improperly. One of these ways is New York's Consumer Protection Statute (General Business Law § 349). Under GBL §349, a consumer can sue a business if he or she can show that the subject act or practice (1) was consumer-oriented; (2) was misleading in a material way; and (3) the consumer suffered injury as a result of the deceptive act. If successful, a consumer can recover their actual damages (money they lost), their reasonable attorney fees, and "treble" (triple) damages up to $1,000 (if the business acted willfully and knowingly in deceiving the consumer). The $1,000 cap on treble damages needs to be eliminated. It is no deterrent to businesses behaving badly. 

Enforcing Money Judgments

Let's say you represent yourself in a lawsuit. You sue someone in small claims court or District Court, or even Supreme Court. Or you're a small firm, representing a plaintiff, and maybe the technicalities of enforcing judgments are outside of your comfort zone. The facts and the law are on your side; there was a trial or a motion, and you win your case. You are entitled to money from the defendant. Maybe you've gotten so far as a getting piece of paper signed by a judge that says "Judgment". Hooray! So then what? Now you have to actually  get your money from the defendant. That can be difficult if the person or company does not want to pay. That means the judgment will have to be enforced . And if you don't know how to enforce a judgment, your piece of paper that says "Judgment" isn't worth a whole lot, even after all the trouble you went through to win your case. That's where this office comes in. Enforcing judgments can be trick...