Negligent hand shaking is not actionable

Personal injury law typically covers situations where someone’s negligent actions cause harm to another person. However, not every accident or injury can form the basis of a successful lawsuit. Courts must determine whether the defendant’s conduct created a sufficient risk of harm to justify legal liability. This principle becomes particularly important when examining everyday social interactions.

The Gladstone Case: When Social Courtesy Meets Legal Liability

The case of Gladstone v Fallon presents an unusual scenario where a plaintiff attempted to hold someone legally responsible for injuries allegedly caused by negligently shaking hands. While this might seem like an extreme example, it illustrates important principles about causation and legal responsibility that apply broadly across personal injury law.

Jason Tenenbaum’s Analysis:

Gladstone v Fallon, 2016 NY Slip Op 03642 (4th Dept. 2016)

Plaintiffs appeal from an order granting defendant’s motion for summary judgment dismissing the complaint, which seeks to recover damages for personal injuries allegedly sustained by Diane M. Gladstone (plaintiff) as a result of defendant’s allegedly negligently shaking her hand.

It is that the care be commensurate with the risk and danger” (Nussbaum v Lacopo , 27 NY2d 311, 319). Here, “plaintiff failed to show that the act of this as to had possibilities of danger so many and apparent as to entitle to be protected against the doing of it … Against this kind of unlikely misfortune, the law does not confer protection” (id. ). We thus conclude that defendant cannot be held liable for his alleged negligence in shakinghands with plaintiff (see generally Johnson v Vetter , 1991 WL 348415, *1-3 [Ct of common Pleas of Pa 1991)

Legal Standards for Negligence Claims

This decision reinforces that New York courts apply a reasonableness standard when evaluating negligence claims. The level of care required must be proportional to the risk involved in the activity. Ordinary social interactions like handshaking generally don’t create the type of foreseeable danger that would require special precautions or generate legal liability when accidents occur.

The ruling also demonstrates how courts handle cases involving New York no-fault insurance law principles, where the focus often shifts to whether an activity creates sufficient risk to warrant legal protection.

Key Takeaway

Courts will dismiss negligence claims when the defendant’s conduct doesn’t create a sufficient risk of harm to justify legal liability. Ordinary social interactions like handshaking are generally considered too low-risk to support successful personal injury lawsuits, even when unexpected injuries occur.