NOT LIABLE FOR WOMAN’S FALL BECAUSE NO DUTY OF CARE WAS OWED
After she fell over a sign a sidewalk – outside of the Brooklyn Museum of Arts – which was promoting a special event that had been sponsored by Swarovski, "F.P." filed a personal injury case and sued, among others, Swarovski North America, Ltd., Swarovski Retail Ventures, Ltd., and Swarovski Digital Business USA Inc. (hereinafter “Swarovski”), seeking damages.
When the Swarovski defendants moved to dismiss so much of the case that had been filed against them, the Kings County Supreme Court granted that request.
On appeal, the Appellate Division, Second Department, noted that for there to be negligence liability, there must be a duty owed by the parties being sued, a breach of that duty, and the injury must have been caused by that breach.
Since Swarovski didn’t own, occupy, control, or make “special use” of the property, the AD2 concluded that the defendants in question lacked a duty of care, and because the complaint made only “conclusory allegations in the regard,” it thought the case had been properly dismissed as against them.
Think that was crystal clear?
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DECISION