Personal Injury

A SAMPLING OF “PERSONAL INJURY” CATEGORIES AND ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE

NEGLIGENCE is by far the largest overarching “Personal Injury” category, encompassing (but not limited to):

Slip and Fall (dangerous conditions, sidewalks, roads, private property, elevators, open and obvious, Espinal (contract) liability, etc.);

Traffic Accidents (comparative negligence issues, Vehicle and Traffic Law, rear-end collisions, intersection accidents, dangerous road conditions, vehicle maintenance, etc.);

Assaults (assaults by third parties proximately caused by negligent supervision or protection of students, employees, tenants, house guests, patients, adult care residents, bar and restaurant patrons, etc.);

Medical/Dental Malpractice (negligence, battery);

Products Liability;

Retirement and Social Security Law (accidental injury to police, firefighters, etc.);

General Municipal Law 205-a (accidental injury to police, firefighters, etc.)

Labor Law-Construction Law (construction accidents covered by Labor Law section 200 and common law negligence);

Municipal Law (assaults on or by employees, negligent supervision, negligent training, negligent hiring, negligent retention, respondeat superior, dangerous conditions, sidewalks, roads, negligence by employees, immunity, special relationship, etc.)

Court of Claims (negligent highway design, road maintenance, dangerous conditions, immunity, etc.);

Education-School Law (assaults on or by students, negligent supervision, negligent training, negligent hiring, negligent retention, respondeat superior, etc.);

Employment Law (assaults on or by employees, negligent supervision, negligent training, negligent hiring, negligent retention, respondeat superior, etc.);

Landlord-Tenant (assaults on or by tenants, inadequate security, dangerous conditions on the property, etc.);

Toxic Torts (lead paint, environmental contaminants, etc.);

Elevators (maintenance issues, notice issues);

Insurance Law (negligent versus intentional acts, etc);

Assumption of Risk (sports, recreation, releases, General Obligations Law prohibitions, etc.);

Animal Law (injury caused by animal negligently allowed to escape).

“NON-NEGLIGENCE” “Personal Injury” categories addressed in the database include (but are not limited to):

Labor Law-Construction Law (construction accidents covered by Labor Law sections 240 (1) and 241 (6), homeowner’s exemption, covered construction activities, etc.).

Workers’ Compensation Law (on the job injuries, employer liability, etc.).

Civil Rights Law (42 USC 1983, false arrest, false imprisonment, excessive force, immunity, privilege, etc.)

Employment Law (respondeat superior, vicarious liability for intentional acts by employees, etc.);

Municipal Law (respondeat superior, vicarious liability for intentional acts by employees, immunity, special relationship, etc.);

Animal Law (strict liability for injury by animals with known vicious propensities).

NOTE: NO-FAULT “SERIOUS INJURY” DECISIONS ARE NOT COVERED IN THE NEW YORK APPELLATE DIGEST DATABASE, THE DECISIONS ARE GENERALLY TOO FACT-SPECIFIC TO SUMMARIZE.