Bicycle Riding and Injuries, Tort Claims and Defenses

Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required … <Read More>



BID’s liability goes to trial

Pedestrian injured in slip and fall on City-owned land under maintenance of the Business Improvement District. The City of New York owns a plaza located near 54-55 Myrtle Avenue in Queens. The plaza is a small park-like area and contains a winding sidewalk lined with trees and other landscape. The City contracted with the Myrtle Avenue Business Improvement District to maintain the plaza, including the maintenance of its sidewalk.


How Small is Too Small: the Trivial Doctrine in New York Law

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>


Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>


Eric Garner’s death: No Justice, No Peace

Three years have passed since Eric Garner’s choking death at the hands of police officer Daniel Pantaleo, and the episode remains unresolved. The grand jury’s secrecy and its decision not to indict anyone, along with Comptroller Scott Stringer’s unusually swift civil settlement with the Garner Family, have left the public with insufficient answers and a sense that justice has been denied. Civil rights organizations and governmental investigators have made additional attempts to obtain information, but … <Read More>