• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Truck Accident Lawyers
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
    • Nursing Home Abuse
    • Criminal Defense
    • Medical Malpractice
  • Blog
  • Resources
    • Videos
    • Notable Cases
  • Contact Us
Call
Contact
Blog
Home  /  Personal Injury Law  /  Group Home May Be Liable for Fall at Restaurant

Group Home May Be Liable for Fall at Restaurant

by Law Offices of Thomas L. Gallivan, PLLC 24 Aug2015

The New York Supreme Court, Appellate Division, Fourth Department reversed an order issued by a trial court judge that granted a group home’s motion to dismiss in a slip & fall case that occurred at a restaurant.

The lawsuit was filed by the plaintiff’s parents on behalf of a disabled adult child. The plaintiff was an adult with disabilities who lived in a group home operated by defendant Oswego County Opportunities. Oswego County Opportunities arranged for the plaintiff, another resident, and some employees to go on an overnight trip. The group ate dinner at the defendant Old Mill Restaurant. After his dinner was served, the plaintiff became upset. He decided to walk outside to the parking lot to cool off. He stood up, walked to a side door in the dining area, walked through the side door, and then proceeded to fall straight down into the parking lot. The side door was elevated off of the ground and had no stairs that connected the doorway to the parking lot below. The plaintiff sustained injuries in his fall and brought a personal injury lawsuit against Oswego County Opportunities and Old Mill Restaurant.

Oswego County Opportunities filed a motion to dismiss the claims against it, as well as a motion seeking reimbursement for photocopying expenses that were incurred as part of responding to the complaint and filing the subsequent motion to dismiss.

In its motion, Oswego argued that it was not responsible for the plaintiff’s fall. The trial court granted the motion and dismissed the claims against Oswego. The plaintiff and Old Mill Restaurant appealed.

A group home has a duty of care it must exercise toward its residents. This duty of care is the duty to safeguard all of its residents. The group home’s ability to safeguard each resident is measured by each resident’s ability to protect himself or herself. When a resident is disabled, the group home takes on more responsibility for caring for and protecting the resident. In determining the reasonable level of care owed to a disabled person, the court will look at the resident’s physical and mental capabilities as they were known by the group home’s caretakers. The group home will only be responsible for reasonably foreseeable injuries.

Therefore, in order to prevail on a motion to dismiss, Oswego would have had to prove that (1) it had adequately supervised the plaintiff and (2) the injury was not reasonably foreseeable. The plaintiff had behavioral problems, and Oswego was aware of these problems. As such, it may have been foreseeable for the plaintiff to act out by storming off. Because there was a possibility that Oswego did not adequately supervise the plaintiff and/or that the injury was foreseeable, summary judgment was not proper. These two issues are for a jury to decide.

In addition, Oswego argued that its alleged negligence did not proximately cause the fall. In order to prevail on this argument, Oswego would have had to show that either the dangerous condition caused by the restaurant was the sole cause or that the accident happened so fast that even proper supervision by Oswego would have been unable to prevent the fall.

Therefore, the Fourth Department reversed the trial court’s order and reinstated the plaintiff’s complaint. The case will proceed to trial pending any future motions to dismiss.

In addition, the defendant’s motion for reimbursement was also denied.

If you or a loved one was the victim of a slip & fall accident, you need to contact a personal injury attorney immediately. the Law Offices of Thomas L. Gallivan, PLLC can listen to your story of what happened, explain any potential claims you might have, discuss your legal options, and help you argue your case in court. Contact the Law Offices of Thomas L. Gallivan, PLLC today to start seeking compensation now.

Smart v. Old Mill Restaurant & Oswego County Opportunities, 260 CA 14-01372 (4th Dept. 2015).

Posted in: Personal Injury Law, Slip And Falls

Primary Sidebar

Get In Touch

Practice Areas

Personal Injury

  • Wrongful Death
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Pedestrian Accidents
  • Construction Accidents
  • Scaffolding Accidents
  • Slip, Trip & Falls (Premises Liability)
  • Negligent Supervision at a School or Day Care
  • Sidewalk Falls
  • Elevator Accidents
  • Train and Subway Accidents

Nursing Home Neglect & Abuse

  • Bedsores (Pressure Ulcers)
  • Falls & Fractures
  • Malnutrition and Dehydration
  • Physical and Sexual Abuse
  • Wandering & Elopement
  • Unexplained Bruises and Cuts
  • Infection
  • Choking Incidents
  • Medication Errors
  • Group Homes
  • Assisted Living Facilities

Criminal/DWI Defense

  • DWI (Driving While Intoxicated)
  • Criminal Defense
  • Traffic Violations
  • DMV Refusal Hearings
  • Sex Crimes
  • Shoplifting & Larceny
  • Assault & Vehicular Assault
  • Drug Possession
  • Drug Sales
  • Weapons Charges
  • Domestic Violence
  • How is a DWI Defined in New York?
  • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?

Medical Malpractice

  • Failure to Diagnose Cancer
  • Birth Injuries (Gynecological, Obstetrical)
  • Medication Errors
  • Surgical Errors
  • Gastric Bypass Surgery Errors
  • Emergency Room Errors
  • Failure to Diagnose Heart Attack or Stroke
  • Cerebral Palsy
  • Erbs Palsy Birth Injury

Trusts + Estates

  • Wills & Trusts
  • Divorce, Child Support, Custody Issues
  • Elder Law
  • Estate Planning
  • Guardianships
  • Medicaid-Planning
  • Power of Attorney / Health Care Proxy
  • Probate and Estate Administration
  • Surrogate Court Litigation
  • Real Estate
  • Business Formation
  • Wills
  • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Footer

  • Home
  • About
  • Practice Areas
  • Blog
  • Resources
  • Contact Us

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC