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Courses/Law/Personal Injury Law

Recent Case Law Updates in New York Premises Liability

Navigate the groundbreaking return of common law negligence in animal liability and master key rulings on snow, ice, and defect defenses.

Created byNYS Academy of Trial Lawyers
5.0
(1 reviews)
BeginnerUpdated Jan 21, 2026
Recent Case Law Updates in New York Premises Liability

What You'll Learn

check_circleApply new negligence standards to animal liability cases.
check_circleReview burdens of proof in recent snow and ice rulings.
check_circleAssess primary assumption of risk in sports litigation.
check_circleEvaluate the totality of circumstances for defect claims.
check_circleClarify liability shifting for adjoining property owners.

About This Course

Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners. Led by experienced trial attorney A.J. Smith, this course provides a comprehensive analysis of the past year's most significant judicial decisions and their practical implications for your litigation strategies. Whether you represent plaintiffs or defendants, understanding these evolving legal standards is critical for effective advocacy in state courts.

This update is particularly momentous due to a groundbreaking shift in animal liability law. The course offers a deep dive into the Court of Appeals' decision in Flanders v. Goodfellow, which has fundamentally altered the landscape of dog bite litigation by permitting common law negligence claims alongside the traditional strict liability standard regarding vicious propensities. Beyond this landmark change, the presentation dissects crucial updates affecting summary judgment burdens, statutory interpretations, and defense doctrines.

Key learning outcomes and topics covered in this course include:

  • The impact of Flanders v. Goodfellow on homeowners' liability and the new viability of ordinary negligence in animal attack cases.
  • Developments in snow and ice litigation, including the storm in progress doctrine and the application of the Espinal doctrine regarding contractor liability.
  • An analysis of recent Court of Appeals decisions concerning primary assumption of the risk in sports and recreational activities, including baseball, basketball, and golf scenarios.
  • The evolution of the open and obvious defense and the totality of circumstances test regarding trivial defects.
  • Clarifications on out-of-possession landlord liability and the specific requirements for shifting tort liability to adjoining landowners under statutes like NYC Administrative Code 7-210.

By examining these critical updates, legal professionals will gain the insight needed to navigate complex premises liability issues, properly advise clients, and refine their pleadings and motion practice for the year ahead.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

A.J.  Smith, Esq.
A.J. Smith, Esq.

Partner at Baxter & Smith P.C.

Arthur Smith is an experienced trial lawyer in both state and federal courts in the areas of negligence, labor law, toxic torts, products, premises, and automobile liability. Mr. Smith is admitted to the United States Supreme Court, various Federal Appellate Courts including the Second Circuit, as well as the state and federal courts in New York. He serves on the Executive Committee for the Torts, Insurance & Compensation Law Section of the New York State Bar Association. Additionally, Mr. Smith lectures extensively. Most recently, he served as Chair of the Torts, Insurance & Compensation Law (TICL) Section of the New York State Bar Association for their semi-annual meeting, which was held in Killarney, Ireland. Previously, he has served as the Chair of a New York State Bar Association seminar on Labor Law and Construction Accidents, and as a speaker for the New York State Bar Association on topics including Construction Accidents, Premises Liability, Evidence, Trial Tactics, Insurance Coverage, and Ethical Obligations of Counsel. Mr. Smith was also a lecturer on “Serious Injury” and “Negotiation Strategy” at the Buffalo Claims Association’s (BCA) Premises Liability at the 2005 Annual Convention, served as trial counsel for the mock trial presentation at the BCA 2003 Convention, and lectured on “Grave Injury” at the 2002 BCA Convention and on Labor Law at the BCA’s 2000 Annual Convention. Mr. Smith addressed the 2007 New York State Association of Independent Insurance Adjusters Annual Convention and has lectured for the New York State Trial Lawyers Association, The New York State Trial Lawyers, The Bar Association of the City of New York, and served as judge at Fordham University Moot Court and Trial Advocacy contests.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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