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Date: 09-22-2023

Case Style:

Sharon Kemp v. Target Corporation

Case Number: 1:20-CV-00003

Judge: John L. Sinatra, Jr.

Court: United States District Court for the Western District of New York (Erie County)

Plaintiff's Attorney:

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Defendant's Attorney: Jody E. Briandi and Anastasia Marie McCarthy

Description: Buffalo, New York personal injury lawyer represented the Plaintiff who sued the Defendant on a personal injury theory.

This case was filed in the Supreme Court Erie County, 813927/2019, and was removed to federal court by the Defendant.

"View other drafts

Premises liability law in New York holds property owners and occupiers responsible for maintaining their property in a reasonably safe condition and for preventing foreseeable accidents. This includes injuries caused by slip and falls, tripping hazards, defective stairs, inadequate lighting, and other dangerous conditions.

To succeed on a premises liability claim, a plaintiff must prove the following three elements:

The property owner or occupier owed the plaintiff a duty of care.
The property owner or occupier breached their duty of care.
The breach of duty caused the plaintiff's injuries.

The duty of care owed to a plaintiff will vary depending on their status on the property. For example, property owners owe a higher duty of care to invited guests than to trespassers.

A property owner or occupier breaches their duty of care if they knew or should have known about a dangerous condition on the property and failed to take reasonable steps to fix it or warn visitors about it.

If a plaintiff can prove all three elements of a premises liability claim, they may be entitled to damages for their injuries, including medical expenses, lost wages, pain and suffering, and property damage.

Here are some examples of premises liability claims in New York:

A customer slips and falls on a wet floor in a grocery store.
A tenant trips over a broken stair in their apartment building.
A child is injured by a falling tree branch on a homeowner's property.
A visitor is attacked by a dog on a property owner's land.

If you have been injured on someone else's property, you should contact an experienced premises liability attorney to discuss your legal options."
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Outcome: 09/22/2023 45 STIPULATION of Dismissal by Target Corporation. (Briandi, Jody) (Entered: 09/22/2023)
09/22/2023 46 *VACATED* TEXT ORDER acknowledging 45 Stipulation of Dismissal. This action is dismissed without prejudice. The Clerk of Court is directed to close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/22/2023. (KLH) Modified on 9/22/2023 to vacate pursuant to Dkt. 48 (KLH). (Entered: 09/22/2023)
09/22/2023 47 STIPULATION of Dismissal Amended by Target Corporation. (Briandi, Jody) (Entered: 09/22/2023)
09/22/2023 48 TEXT ORDER. In light of the 47 amended stipulation of dismissal, the 46 text order is vacated. This action is dismissed with prejudice. The Clerk of Court shall close the case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/22/2023. (KLH) (Entered: 09/22/2023)

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