How “Duty of Care” Affects Your NYC Personal Injury Claim
In New York, a successful personal injury claim requires proof that the defendant violated a “duty of care” owed to the plaintiff under the law. Broadly speaking, a duty of care is a duty imposed by law on a person with respect to how they act towards others. For example, if you drive a car on New York City streets, you have a duty of care to obey the traffic laws and avoid driving in a manner that would likely subject other people to injury or harm.
NY Court of Appeals: Hotel Not Liable for Guest’s Death by Suicide
With respect to property owners, New York law generally imposes a duty of care to protect persons invited onto the property from harm due to known (or reasonably discoverable) defects on the premises. Say you are staying at a hotel. If you trip and fall down a staircase because the hotel management failed to install proper lighting or handrails, you could present a valid personal injury claim based on the property owner’s violation of its duty of care owed to you.
But does this duty of care extend to a scenario where a person suffering from mental illness harms themselves on someone else’s property? The New York Court of Appeals recently addressed such a case. In Beadell v. Eros Management Realty, LLC, a doctor from Nebraska (the decedent in this case) stayed at a hotel in midtown Manhattan while attending a medical conference. The decedent had a long history of mental health issues, which included a prior suicide attempt.
One evening during his stay at the hotel, the decedent sent his wife and sister multiple text messages indicating he planned to attempt suicide again. Both women contacted the hotel and asked for their assistance. Specifically, they requested the hotel (1) check on the decedent in his room; and (2) call the police immediately and ask them to put him on a 72-hour psychiatric hold.
Hotel staff agreed to call the police but waited about 25 minutes to actually do so. By the time a police officer arrived at the decedent’s room, he was standing on the ledge outside. The officer attempted to speak with the decedent, but he jumped to his death about three minutes after the police arrived.
The decedent’s wife and mother subsequently filed a wrongful death lawsuit against the hotel’s owner. The lawsuit alleged that the hotel assumed a duty of care to the decedent by agreeing to contact the police and was subsequently negligent in waiting 25 minutes to carry out that duty. The Court of Appeals, however, held the hotel never assumed such a duty.
The Court noted that the decedent’s family members could have independently called the New York police themselves without waiting for the hotel to act. Had the hotel staff “actively discouraged” such independent action, the Court said that could prove the hotel assumed a duty of care. But under the facts of this particular case, the Court said “no duty was assumed.”
Contact a New York City Personal Injury Lawyer
If you have suffered a serious injury, or lost a loved one, due to the negligence of another party, it is crucial you take prompt legal action to secure your right to compensation. Our New York City personal injury attorneys are here to assist you. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island.
Source:
scholar.google.com/scholar_case?case=16693946516310492194