Fourth Department – Premises liability: Bullock v. The Angry Goat Pub

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Premises liability

Inherently dangerous condition – Building code compliance

Bullock v. The Angry Goat Pub

CA 20-00807

Appealed from Supreme Court, Monroe County

Background: The plaintiff commenced an action for damages after sustaining injuries from a fall from a six-inch platform in a pub owned by the defendant. The defendant moved for summary judgment on the ground that the plaintiff failed to identify the cause of his fall and that the step was an open and obvious condition. The defendant appeals from the denial of its motion.

Ruling: The Appellate Division affirmed. The court held that the bill of particulars and video recording of the incident sufficiently identified the cause or causes of the plaintiff’s fall. Furthermore, evidence that platform complied with building codes does not necessarily preclude a jury from finding that the raised platform was part of or contributed to any inherently dangerous condition existing in the area of the plaintiff’s fall.

Jessica E. Tariq, of Barclay Damon, for the defendant-appellant; David C. Sieling, of Brenna Boyce, for the plaintiff-respondent.