New York Trial Team Publishes Articles in Defendant

New York, N.Y. (July 29, 2021) - New York Partner Karen L. Campbell with IT Paralegal and Trial Consultant Jasen Abrahamsen, as well as New York Associate Michael S. Greenfield recently published articles in Defendant, the Journal of the Defense Association of New York (DANY). Ms. Campbell and Mr. Abrahamsen’s article addresses New York first responders’ recourse when they sustain injuries in the line of duty, while Mr. Greenfield’s article discusses defenses available to different types of defendants in premises liability cases.

Ms. Campbell and Mr. Abrahamsen open their article, titled, “Issues in cases of Emergency Responders in New York (e.g., the ‘firefighter rule’ and GML 205-a),” by explaining that when New York firefighters and police officers are injured on the job, they currently may pursue two causes of action, namely, common law negligence or a statutory cause of action. The authors then describe General Municipal Law (GML) 205-a (Firefighters) and 205-e (Police Officers) and its components, discussing the specific elements that are necessary for an injured first responder to pursue a claim under this law. They also detail the elements necessary for a landowner to sufficiently defend against such a claim.

Ms. Campbell and Mr. Abrahamsen close the article by noting, in part, that “GML 205 remains a logical pathway to pursue causes of action for injuries sustained in the line of duty for first responders in certain instances” and that several amendments to the law have expanded “the reach of these claims allowing a larger net to be cast over the potential actions to be filed.” In addition, they emphasize that when defending against these claims, “retention of qualified investigators, code experts and engineers will be necessary to navigate the vast body of codes, rules, statutes and literature.”

Mr. Greenfield’s article, titled, “The Slip and Fall of Snow and/or Ice: Defending the Case,” begins by stating that in a premises liability matter, “understanding the defendant’s relationship to the subject premises is of paramount importance.” Mr. Greenfield points out that a private owner or possessor of property where a slip and fall on snow or ice has occurred “have a separate and distinct set of responsibilities” than that of third-party snow removal companies.

The article goes on to describe the defenses that are available to each party in snow and ice slip and fall matters, the elements of these defenses, and related evidentiary considerations. Mr. Greenfield closes the article by underscoring that landowners must understand how municipal and local statutes apply to their snow removal obligations. Likewise, for attorneys defending snow removal companies, understanding contractual duties and relevant case law is “of the utmost importance.”

Ms. Campbell is a chair of Lewis Brisbois' General Liability Practice and a co-chair of its Diversity & Inclusion Committee. With 30 years of experience as a trial attorney, Ms. Campbell maintains a broad general liability and trial practice that includes defending hotel industry clients against a variety of claims and litigating matters under the New York and New Jersey Child Victims Act.

Mr. Greenfield is a member of Lewis Brisbois’ General Liability Practice. He focuses his practice on the defense of home healthcare agencies, assisted living facilities, nursing homes, and other general liability matters.

Mr. Abrahamsen is an IT specialist and trial paralegal in Lewis Brisbois’ General Liability Practice, as well as the firm's national Litigation Support Team, national Data Management Work Group Team, and other teams. He focuses on the defense of catastrophic occurrences in high-profile matters across the country.

You may read the full Defendant articles here. Learn more about DANY here.