×
You have 2 more free articles available this month. Subscribe today.
New York: State Liable For Damages In Prisoner's Fall
On June 6, 2003, the Court of Claims, Rochester, held that the State of New
York was liable for injuries a prisoner sustained when he slipped and fell
in water that leaked onto his cell floor from the shower.
Gary Rice, a prisoner at the Special Housing Unit at Lakeview Shock
Incarceration Correctional Facility in Brocton, New York, alleged that on
May 4, 1999, he slipped and fell in water that had leaked onto his cell
floor due to the lack of a shower curtain. Rice had previously filed an
administrative grievance contending that the wet floor created a
potentially dangerous situation. Officials responded by noting that
prisoners were provided with extra towels to mop up excess water.
Rice subsequently brought a pro se action against the state alleging that
he sustained injuries to his forearm and back when he fell and that prison
officials were negligent because they did not remedy the hazard. Rice
testified that the shower was automatically shut off after 20 minutes and
that prisoners had no way of shutting off the water once the shower started.
The court determined that the shower in Rice's cell did not adequately
contain the water and that his grievance provided actual notice to the
state. Moreover, the court found that providing extra towels to mop up
excess water did not sufficiently correct the dangerous situation, and thus
made the state liable for damages.
However, the court noted that Rice had an obligation to use common sense
when approaching the hazardous situation and that his testimony, coupled
with the grievance, established that he had actual notice of the danger.
Thus, the court found Rice to be 60% liable for his injuries and the state
40% liable. The court further held that Rice's allegations that he had to
sleep on his cell floor for several nights did not prove that he was
seriously injured, only that he had pulled back muscles.
The court awarded Rice $500 in damages, but reduced it by 60% due to his
comparative negligence, for a total award of $200.
See: Rice v. State of New York, Court of Claims, Rochester (Case No.
100924, 6/6/03).
York was liable for injuries a prisoner sustained when he slipped and fell
in water that leaked onto his cell floor from the shower.
Gary Rice, a prisoner at the Special Housing Unit at Lakeview Shock
Incarceration Correctional Facility in Brocton, New York, alleged that on
May 4, 1999, he slipped and fell in water that had leaked onto his cell
floor due to the lack of a shower curtain. Rice had previously filed an
administrative grievance contending that the wet floor created a
potentially dangerous situation. Officials responded by noting that
prisoners were provided with extra towels to mop up excess water.
Rice subsequently brought a pro se action against the state alleging that
he sustained injuries to his forearm and back when he fell and that prison
officials were negligent because they did not remedy the hazard. Rice
testified that the shower was automatically shut off after 20 minutes and
that prisoners had no way of shutting off the water once the shower started.
The court determined that the shower in Rice's cell did not adequately
contain the water and that his grievance provided actual notice to the
state. Moreover, the court found that providing extra towels to mop up
excess water did not sufficiently correct the dangerous situation, and thus
made the state liable for damages.
However, the court noted that Rice had an obligation to use common sense
when approaching the hazardous situation and that his testimony, coupled
with the grievance, established that he had actual notice of the danger.
Thus, the court found Rice to be 60% liable for his injuries and the state
40% liable. The court further held that Rice's allegations that he had to
sleep on his cell floor for several nights did not prove that he was
seriously injured, only that he had pulled back muscles.
The court awarded Rice $500 in damages, but reduced it by 60% due to his
comparative negligence, for a total award of $200.
See: Rice v. State of New York, Court of Claims, Rochester (Case No.
100924, 6/6/03).
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
Rice v. State of New York
| Year | 2003 |
|---|---|
| Cite | Court of Claims, Rochester (Case No. 100924, 6/6/0 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 200 |
| Injunction Status | N/A |