a state prisoner who injured his back when be slipped on icy stairs and
fell as he was exiting the prison chow hall.
As a result of the fall, the prisoner, 31 at the time of the January 1993
incident, suffered an aggravated vertebra injury and spondylolysis. He
contended the prison was negligent for failing to de-ice the stairs when
they became aware of the situation and for failing to safely maintain the
premises. The defendant prison officials argued that the prisoner was
comparatively negligent for not using the handrail while on the stairs.
The court found the prisoner to be 25% comparatively negligent and reduced
the award accordingly, to $45,000. The court also observed that prison
officials were aware of the danger because it had been snowing for several
days and another prisoner fallen badly on the same stairs shortly before the
plaintiff fell. See: Hawkins v. State cf New York, Albany County Court of
Claims, Case No. 90981, 1998 WL 953369.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Hawkins v. State cf New York
|Albany County Court of Claims, Case No. 90981, 199
|State Trial Court