Archives for Premises Liability

New York Appellate Court Holds That Landlord is Not Liable for Fall From Roof Accessible From Apartment Window

​An intermediate New York appellate court has held that a landlord was not liable for a tenant’s fall from the building’s roof, as the fact that the roof was accessible from the roof did not render the plaintiff’s use of the roof foreseeable. Feuerherm v.Grodinsky concerned an accident that occurred at a seven-unit apartment. The injured tenant had moved into the building at most a few weeks prior to the accident. A portion of the building’s roof was accessible from the injured tenant’s room. After drinking at a bar, the plaintiff tenant arrived home at 3 am, and was found
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District of New Jersey Holds That Bank Has Duty of Care to Prospective Buyers in Foreclosed Home

​A magistrate judge in the United States District Court for the District of New Jersey has held that a bank owes a duty of care to prospective purchasers of a foreclosed residence. The underlying case concerned a prospective buyer who tripped on a piece of broken glass while visiting a foreclosed home, causing her to fall and resulting in serious injuries. The injured party filed suit against the bank, real estate agent, real estate agency, and maintenance contractor. ​In support of its motion for summary judgment and in opposition to plaintiff’s motion for summary judgment, the bank argued that it
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