In this premises liability action, plaintiff sustained serious injuries when an outdoor bench seat, which was missing bolts, lifted as she stood to leave causing her to fall to the ground.  Selden Properties LLC, the property owner, had contracted with our client Red Cedar to perform landscaping and maintenance services at the property as well as the original installation of the bench, which Selden inspected after the installation. The Court agreed with our argument that plaintiff’s contention that the bench was improperly installed was unfounded speculation and, to the contrary, the evidence established that our client did not negligently install the bench. Further, the Court adopted our position that under its contract with Selden, Red Cedar did not have a duty to physically inspect the structural integrity of the bench following the initial installation and Red Cedar had no liability to the plaintiff because it did not create the defect and it did not complete displace Selden’s duty as landowner to maintain the property.  Rosemarie Lawal v. Selden Properties, LLC, Index No. EF003084-2021 (Sup. Ct. Orange County Oct. 9, 2024).

To learn more about this result or other ways Fleischner Potash can help your claims team, please contact Wendy Cardali at wcardali@fp.law