LEGAL RESEARCH GENERALLY
To Use the Search Panel for Legal Research, Click on “Streamlined Research” At the Top of the Page for Guidance—Searches for Single Strong Words or Phrases (in Quotation Marks) Work Best.
NEGLIGENCE is by far the largest overarching “Personal Injury” database category and it touches on many additional database categories. Some of the additional database categories are listed here in “all caps” and boldface. Many of the specific issues described below are included in both the “Negligence” database category and, as relevant, in the other categories as indicated. These entries will help in choosing the most relevant categories and keywords for searches in this broad area of the law.
Slip and Fall (dangerous conditions, sidewalks, roads, private property, elevators, open and obvious, Espinal (contract) liability, etc. CONTRACT LAW, MUNICIPAL LAW);
Traffic Accidents (comparative negligence issues, Vehicle and Traffic Law, rear-end collisions, intersection accidents, dangerous road conditions, vehicle maintenance, etc., MUNICIPAL LAW, VEHICLE AND TRAFFIC LAW);
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. EMPLOYMENT LAW, LANDLORD-TENANT, MUNICIPAL LAW, EDUCATION-SCHOOL LAW, CIVIL RIGHTS LAW);
Medical/Dental Malpractice (negligence, battery, MEDICAL MALPRACTICE, DENTAL MALPRACTICE, BATTERY);
Products Liability (PRODUCTS LIABILITY);
Retirement and Social Security Law (accidental injury to police, firefighters, etc., RETIREMENT AND SOCIAL SECURITY LAW);
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, LABOR LAW-CONSTRUCTION LAW);
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., MUNICIPAL LAW, EMPLOYMENT LAW, IMMUNITY)
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., EDUCATION-SCHOOL LAW, EMPLOYMENT LAW);
Employment Law (assaults on or by employees, negligent supervision, negligent training, negligent hiring, negligent retention, respondeat superior, etc., EMPLOYMENT LAW, MUNICIPAL LAW);
Landlord-Tenant (assaults on or by tenants, inadequate security, dangerous conditions on the property, etc., LANDLORD-TENANT, CONTRACT LAW);
Toxic Torts (lead paint, environmental contaminants, etc., TOXIC TORTS, ENVIRONMENTAL LAW);
Elevators (maintenance issues, notice issues);
Insurance Law (negligent versus intentional acts, etc., INSURANCE LAW);
Assumption of Risk (sports, recreation, releases, General Obligations Law prohibitions, etc.);
Animal Law (injury caused by animal negligently allowed to escape, ANIMAL LAW).
“NON-NEGLIGENCE” “Personal Injury” database categories include the following:
Labor Law-Construction Law (construction accidents covered by Labor Law sections 240 (1) and 241 (6), homeowner’s exemption, covered construction activities, etc., LABOR LAW-CONSTRUCTION LAW).
Workers’ Compensation Law (on the job injuries, employer liability, etc., WORKERS’ COMPENSATION).
Civil Rights Law (42 USC 1983, false arrest, false imprisonment, excessive force, immunity, privilege, etc., CIVIL RIGHTS LAW)
Employment Law (respondeat superior, vicarious liability for intentional acts by employees, etc., EMPLOYMENT LAW);
Municipal Law (respondeat superior, vicarious liability for intentional acts by employees, immunity, special relationship, etc., MUNICIPAL LAW);
Animal Law (strict liability for injury by animals with known vicious propensities, ANIMAL LAW).
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.