If businesses in New York do not maintain their properties in good condition and customers are injured on their premises, these customers have the right to seek to hold these businesses accountable in civil court. In one out-of-state case, a woman has filed a premises liability lawsuit against a hotel. She allegedly suffered injuries in a slip-and-fall accident at the establishment.
According to the woman's lawsuit, she stepped on some liquid, water or moisture that had accumulated on the hotel's ballroom dance floor. She claimed that the hotel allowed this dangerous condition to exist due to its negligence. As a result of the reported fall, the woman's left humerus was fractured, and she also tore a rotator cuff. She additionally suffered a bicep rupture and a labral tear. All of these issues had to be corrected with surgery.
It was recently decided that the suit against the hotel would remain in the county court in which it was filed rather than being moved to the court of the county where the alleged accident occurred. A change was also recently made in the defendant's counsel. As part of the lawsuit, the plaintiff is seeking compensatory damages exceeding the financial limit in place for compulsory arbitration, along with fees, interest and costs, for both negligence and the loss of consortium -- a charge that the woman's husband filed.
When companies in New York do not exercise a reasonable degree of care in keeping up their properties and visitors are hurt as a result, they may be held liable. Injured parties are entitled to file premises liability claims, seeking the reimbursement of damages sustained as a result of the dangerous properties. Financial damage claims will be determined only if liability has been established according to the strict standards of the civil court hearing the case.
Source: pennrecord.com, "Slip-and-fall case against hotel staying in Philadelphia, with switch made in defense counsel", Nicholas Malfitano, July 21, 2016