The insured driver was involved in a single car at-fault accident. She was driving home with a passenger and attempted to pass another vehicle. However, her car went off the road, striking a road sign, clipping railroad tracks and rolling, before coming to a rest on its roof. The insured vehicle was a total loss…. Read more »
Liquor Liability – “How liable is a furnisher of alcohol for a patron’s subsequent actions?”
The insured owned a recreational vehicle parking area with a restaurant that could be rented for functions. The plaintiff was parked on the premises and was assaulted by one of the guests at the restaurant. The guest admitted that he was intoxicated at the time of the incident and was subsequently arrested and pled guilty… Read more »
Commercial General Liability – “An Act of God is not necessarily a defense to liability.
A father and daughter were travelling in their car during a severe wind storm when a large tree fell and crushed the roof of their vehicle, killing the father. The tree that fell was located on land owned by the insured, which was being developed for an apartment complex. An argument has been made that… Read more »
Flying Plywood and NY Labor Law
During a building project, an employee of the insured was struck in the head by a piece of plywood dropped from above by a co-worker. The plaintiff alleged head and back injuries. The New York labor Law applied and the insured also provided a defense and indemnification to the building owner and the General Contractor…. Read more »
Walking Backwards Caused Paraplegia
The insured was the General Contractor on a building site and an employee of a subcontractor walked backwards into an unprotected hole that had been excavated to construct stairs down to the basement. Safety railings had been installed previously, but were removed for an unknown reason prior to the accident. The claimant suffered paraplegia and,… Read more »
Slip & Fall into the Basement
The insured was the reinforced steel contractor for a hotel project. An employee of the insured slipped on a patch of ice and fell from the first floor of the hotel under construction to the basement below. The employee sustained multiple fractures to his feet and legs. The New York Labor Law applied and the… Read more »
Uneven Stairs + Poor Lighting = 5 Operations
The insured was the landlord of a building and the claimant fell whilst walking down stairs into the tenant`s bar. The tenant refused to defend and indemnify the insured and its carrier subsequently went into liquidation. The claimant sustained a trimalleolar fracture that required five operations, including an ankle fusion. It was alleged that the… Read more »
The Trouble with Teapots
A family of five was seated at a table in a restaurant with a Lazy Susan in the center. A teapot was placed on the Lazy Susan by a server and one of the children spun it at a sufficient speed that the teapot fell and spilled hot tea over a minor sibling. The tea… Read more »
