Defendant's Verdict for Jeff Pincus in Commercial Premises Liability Matter
May 2009. A Kings County jury returned a defendant's verdict for partner Jeff Pincus on a commercial premises liability matter. The action stemmed from a slip and fall incident occurring as the plaintiff exited the defendant's retail establishment. The plaintiff claimed that the entrance/exit of the establishment was hazardous as it presented a dangerously steep slope. Plaintiff's expert offered the opinion that the slope in question exceeded accepted engineering standards and was in violation of New York City Building Codes. Plaintiff presented a non-party witness and patron of defendant to testify that the entrance was known to be slippery in the past. Defendant's expert testified that the entrance/exit was not defective and fell within accepted standards of engineering principles as it was measured to be between 1.67% and 5.0%.