Our New York Premises Liability Lawyers Win Significant Motion

new york premises liability lawyers
Thursday, January 23, 2020

New York Premises Liability Lawyers

Our New York premises liability lawyers won a significant motion last week in Kings County Supreme Court, by proving that a property owner’s failure to provide a safe path following a large snowstorm was negligent as a matter of law. Relying on legal precedent already established by our firm in Lalla v. State of the New York, the Brooklyn court also ruled that the defendants’ defense alleging that the plaintiff was also negligent cannot be considered by the jury. The Court granted our application to dismiss the defense, arguing that the defendants did not show that due to the defendants’ negligence, there was no alternative, safer route on the sidewalk for the plaintiff to traverse.

In the Lalla case, a student testified that her state university did not clear a pathway on campus following a snowstorm. We successfully convinced the appellate court ruled that she could not have been responsible her fall in any way. Similarly, in this case, the plaintiff was walking on a sidewalk  in front of the defendants’ store, and no portion had been cleared of snow and ice by the defendants. In other words, the mere fact that the plaintiff knew the area was icy is sufficient to demonstrate that the pedestrian contributed to the happening of his slip and fall accident or was in any way negligent.

It is well established in New York City that a commercial property owner is obligated to keep sidewalks adjacent to his property in a reasonably safe condition. That means that within a reasonable period of time after the cessation of a snow storm, the owner of the premises has a non-delegable duty to clear sidewalks of snow and ice. If a premises owner fails to do so and a pedestrian slips and falls as a result, the pedestrian may have a viable law suit.

The Law Office of Louis Grandelli is extremely experienced in snow and ice slip and fall accident cases. As discussed above, our office has established legal precedent to benefit victims of slip and fall cases in New York.

Our New York premises liability lawyers are highly effective litigators who understand where to go to find the evidence we need and how to make the most of the evidence we have after someone has been injured on another’s property. For more than 27 years, we have been delivering real help that people need. Our NY and Staten Island Law firm and our lawyers are recognized for the high quality of work we do. We have been named by Best Lawyers as Best Law Firms – Personal Injury Litigation – Plaintiffs in the New York City Metropolitan Area for the past five years. Our founding partner, Louis Grandelli, has been named in Best Lawyers in America for the past six years and in Super Lawyers every year since 2010.  Our other partner, Leigh D. Eskenasi, has been selected by Super Lawyer’s as a Rising Star for the past six years.

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