Monday, October 24, 2016

An elevator company's duty of care.

Practice point:  If the company agrees to maintain the elevator in safe operating condition, it may be liable to a passenger for failure to correct conditions of which it has knowledge or failure to use reasonable care to discover and correct a condition that it should have found. In addition, a party who enters into a contract to render services may be said to have assumed a duty of care, and, where the contracting party has entirely displaced the other party's duty of safe maintenance, may be liable in tort to third persons.

Case:  Fajardo v. Mainco El. & Elec. Corp., NY Slip Op 06678 (2d Dep't October 12, 2016)

Here is the decision.

Tomorrow's issue: Jurisdiction over foreign corporations.