Noracely Mojica v. Wal-Mart Stores East, L.P.

Central Islip, New York personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



This case was filed in the Supreme Court, Queens County, 719965/2021, and was removed to federal court by Defendant.



"New York premises liability law governs the responsibility of property owners and occupiers for injuries sustained on their property due to dangerous conditions. Here's a breakdown of the key points:



Duty of Care:



Property owners owe a duty of care to maintain their premises in a reasonably safe condition for all lawful entrants, including:

Invitees (guests, customers, etc.)

Licensees (social guests, delivery workers, etc.)

Trespassers (unwanted visitors with limited exceptions)

The level of care owed varies depending on the entrant's category.



Breach of Duty:



A property owner breaches their duty of care by:

Failing to maintain the premises in a reasonably safe condition (e.g., broken stairs, slippery floors)

Failing to remove or warn of known or reasonably foreseeable hazards (e.g., potholes, falling objects)

Failing to take adequate precautions to protect against foreseeable dangers (e.g., inadequate security, poor lighting)



Causation and Damages:



The injured person must prove:

The property owner's breach of duty caused their injury

They suffered actual damages (medical bills, lost wages, pain and suffering)



Unique Aspects of New York Law:



Notice Requirement: For certain types of defects (e.g., broken sidewalks), specific written notice requirements must be met before filing a lawsuit.

Snow and Ice Removal: Property owners have a limited timeframe to remove snow and ice after snowfall. Injuries sustained during that timeframe may be difficult to claim against the owner.

Comparative Negligence: New York follows a modified comparative negligence system. As long as you're less than 50% at fault, you can still recover damages, albeit reduced in proportion to your percentage of fault.



Seeking Legal Counsel:



Consulting an experienced personal injury attorney familiar with New York premises liability law is crucial for understanding your rights and options."



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Settled for an undisclosed sum and dismissed with prejudice.