Slip, Trip & Fall Accident Law on Trivial Defects from NY’s Highest Court

The New York State Court of Appeals, the highest court, decided three cases in Hutchinson v. Sheridan Hill Corp. in October 2015. The decision clarifies conflicting interpretations of past precedents by the Appellate Divisions and lower trial courts. When someone slips or trips and falls they must prove they fell because of some sort of defective condition be it a puddle, hole, raised sidewalk flag, or other hazard. On a motion to dismiss, the defendant must prove as a matter of law that there exist no questions of fact for a jury to decide. To meet this burden, a defendant must...