Slip and Fall & Trip and Fall
What is Res Ipsa Loquitur in a New York personal injury case?
The law is full of Latin phrases that may not make sense to those outside the legal profession, although they signify conditions that can affect your case. One of them is res ipsa loquitur, which means “the thing speaks for itself.” When you file a personal injury claim, you are generally required to prove how…
Read MoreWhat is the duty to mitigate damages in a personal injury case?
You’re shopping at your local grocery store when you slip and fall in puddled water that the owner should have known about and cleaned up earlier. Your injuries include a fractured wrist and severe bruising that makes it nearly impossible to do more than shuffle. When someone else’s recklessness or negligent actions cause you to…
Read MoreCan the coronavirus affect your personal injury claim?
If you have a personal injury case in progress, you may be wondering how the COVID-19 pandemic may affect your case. Will it drag on for additional weeks or even months? Could it be put on hold indefinitely? While an indefinite holding pattern is unlikely, increased demand for medical services and amended operating hours for…
Read MoreWere you injured at an Amazon warehouse?
When Amazon opened its first New York City warehouse in September 2018, it was hailed as a major economic boost. With over 350,000 full-time employees across the globe and a lot more working part-time or seasonally, Amazon is a leading and high-profile employer. For those who work in a warehouse, a typical day involves a…
Read MorePersonal injury and seasonal workers
When the holiday season begins, many retailers and shipping companies hire seasonal help. Last month United Parcel Service (UPS) hired 100,000 temporary workers to handle an anticipated 32 million packages a day. The activity rate at this time of year goes up by an estimated 60%, so seasonal help is an essential part of making…
Read MoreWhat recoverable damages are available in a New York personal injury case?
If someone else’s negligent conduct caused you to be injured, you may be able to sue for compensation. Depending on the circumstances of the accident, a personal injury attorney could help you recover compensatory damages, which address past and projected economic losses, and punitive damages, which are intended to punish the negligent party and discourage…
Read MoreWhat is foreseeability in personal injury law?
A lot of elements come into play in personal injury cases. Concepts like causation, negligence, and duty of care all determine whether you are entitled to compensation for your injuries and financial losses. With some personal injury claims, an additional concept applies—foreseeability. Foreseeability refers to the issue of whether a reasonable person would have foreseen…
Read MoreNew York State sues after OSHA eliminates workplace injury reporting rule
The Occupational Safety and Health Administration (OSHA) recently eliminated a 2016 rule that required companies with at least 250 employees to electronically submit annual reports on all worker injuries or illnesses. Its removal is being contested in court by New York, New Jersey, Illinois, Maryland, Massachusetts, and Minnesota. Businesses will still have to complete and…
Read MoreSpringtime injuries to watch out for
At the first sign of spring, we start making some lifestyle changes. The heavy winter clothing goes back in the closet for another year. If a destination is within walking distance, then the car stays home. Public parks become busier. Like winter, however, spring has dangerous conditions. There are accidents that appear to occur or…
Read MoreAre you a government employee injured on the job? Learn about FECA
In New York, most workplace injuries are covered by state workers’ compensation laws. Federal employees, however, are covered by a different law when they are injured on the job. If you slip and fall, are struck by a falling object, or suffer any kind of injury while carrying out duties related to your government job,…
Read MoreSnowstorm injuries in New York
For more than 24 hours, New York has been fast in the grip of a fierce northeast snowstorm. Ten inches of snow fell in the 24 hours ending 8:00 a.m. today… In Broadway and all the avenues and cross-streets… the snow was piled six feet high (and) transit in the remote sections of Brooklyn was…
Read MoreCan interns get workers’ compensation in New York?
New York university and college students participate in internships to acquire practical experience and a better understanding of the industry in which they would like to work after graduation. None of them hope that their experience will include a personal injury, but like regular salaried workers, interns can be hurt on the job. Employers in…
Read MoreExpert witness testimony in a personal injury case
If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…
Read MoreBystander injuries on construction sites
In February 2016, strong gusts of wind caused a crane in Lower Manhattan to crash down onto Worth Street, killing one pedestrian and littering the surrounding blocks with debris. People on their way to work in the area fled in panic, thinking that a bomb had gone off. An investigation by the city’s Buildings Department…
Read MoreHow to have a safe Thanksgiving
Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…
Read MoreWho pays my medical bills?
You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…
Read MorePokemon GO and video game accidents
Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…
Read MoreReasons why a personal injury attorney might decline your case
You slipped and fell at your neighbor’s pool party, and now want to sue them. To your surprise, the first personal injury attorney you met with declined your case. Does this mean that you don’t have a case at all? Possibly, but not necessarily. Personal injury attorneys decline cases for any one of a number…
Read MoreSoft tissue injuries in New York
Many types of accidents can result in soft tissue injuries. They include but are not limited to motor vehicle accidents, slips and falls, and pedestrian collisions. These injuries, which affect your ligaments, tendons, and muscles, can be extremely painful and limit your ability to work, especially if you are employed in a field that requires…
Read MoreStaying safe during the Memorial Day weekend
Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…
Read MoreThe “attractive nuisance” doctrine explained
The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…
Read MoreSmart—and safe—shopping during the holidays
The holiday shopping surge doesn’t end after Christmas or even New Year’s. This is because so many retailers discount their overstock for days and even weeks after we put away the decorations and resume our daily lives. Unfortunately, with increased traffic comes a greater injury risk. While malls and stores are supposed to keep their…
Read MoreCommon Halloween injuries to watch for
As children, we loved Halloween for a number of reasons: the scary costumes, the thrill of stuffing our bags with candy, and the joy of running around the neighborhood with our friends. We also enjoyed being scared by the idea of ghosts, ghouls, and other monsters lurking in the dark. Now that we’re adults, and…
Read MoreAccidents and injuries at the swimming pool
The weather is warming up, which means that Hamilton Fish Park, the John Jay Public Swimming Pool, Red Hook Swimming Pool, and other public swimming outlets in New York are going to be filled with people of all ages. All of them go to cool off and enjoy themselves, never suspecting that they could be…
Read MoreSummer camp injuries in New York
When the weather turns warm, and schools close, many New York parents send their children to summer camp. These camps, which can be day outings or overnight adventures, are a great way to for kids to meet new friends, enjoy nature, and have fun doing a variety of outdoor activities. Unfortunately, it is also possible…
Read MorePublic beach injuries in New York
Summer is here, which means that beach season is also upon us. A trip to Coney Island, Manhattan Beach, Fire Island Beach or Rockaway Beach is an enjoyable way to beat the city heat and catch up on our sun tanning or the latest novel. While most days by the seaside result in nothing worse…
Read MorePublic park injuries in New York
As spring develops into summer, public parks become increasingly popular with New York families. We head out to Central Park to walk along the winding trails and streams or enjoy some sun tanning at Sheep’s Meadow. On weekends we grab the kids and go to Brooklyn Bridge Park to watch the outdoor movies and take…
Read MoreFour myths about traumatic brain injury
Traumatic brain injury (TBI) can have a catastrophic and permanent effect on your life. Immediately after they occur, you face the financial and emotional challenges of medical bills and struggling with insurance companies. In the long run, depending on their extent, such injuries can impair your personality, mental and physical functioning, and even prevent you…
Read MoreCan part-time employees receive workers’ compensation in New York?
Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…
Read MoreSlip and fall in stairwells
In New York City, thousands of people ascend thousands of stairwells every year as they go to work, school, the upper level of a shopping center, and other locations essential to daily life. It is the responsibility of property owners in these buildings to keep the stairs in reasonably safe condition by carrying out regular…
Read MoreAssumption of risk in a personal injury case
Let’s look at a hypothetical situation. You are out rock climbing with some friends, and during the course of that outing, you fall and injure yourself. Now you want to sue the park or site where the accident occurred, claiming that they were negligent in maintaining the property or warning customers of unsafe conditions. The…
Read MoreSkiing accidents in New York
Winter is here, and for the thousands of alpine sport fans all over the country, it also means that ski season has arrived. In New York State there are world-renowned ski resorts and slopes that are perfect for both weekend getaways and destination vacations. Skiing is an exhilarating sport that can involve high speeds, steep…
Read MoreIce skating accidents in New York
When you live in or around New York City, the cold weather season gives the idea of ice skating in Central Park or Rockefeller Center a decided appeal. When you skate on a crowded rink, however, you run the risk of slips, falls, and even serious injury like the following: Traumatic brain injury (TBI) Spinal…
Read MoreShopping mall injuries in New York
New York City is a mecca for shoppers. It is packed with shopping malls with stores that range in scope from luxury retail to urban chic to affordable family-oriented outlets. Like all public venues that host crowds, however, shopping malls have potential dangers that can cause injury and even death. They include: Slips and falls…
Read MoreSocial host liability in New York
During the holiday season, bars and private homes are going to be packed with merrymakers. Unfortunately, some of those revelers are going to drive while intoxicated and injure themselves or someone else. The New York dram shop laws impose liability on bars, restaurants, nightclubs, and other public locations that serve liquor to a minor or…
Read MoreSwimming pool accidents in New York
Few summertime activities are more exhilarating yet relaxing than a weekend afternoon in a vibrant blue swimming pool. Under certain conditions, however, pools can be extremely dangerous, especially to young children. An estimated ten people die from accidental drowning every day in the U.S. Drowning is the second-leading cause of death among American children under…
Read MoreParaplegia and quadriplegia injuries in New York
Personal injuries that result in paraplegia or quadriplegia are both physically and emotionally devastating. Once you lose the ability to move some or all of your limbs, your life will never be the same. You will never be able to play with your children, participate in sports and other forms of invigorating exercise, or even…
Read MoreSidewalk trip and fall accidents in New York City
Sidewalk trip and fall accidents are, unfortunately, common in cities the size of New York. Any one of a number of factors can make a sidewalk dangerous: Substandard construction Uneven or cracked surface Obstructions such as trash or debris Potholes Trips and falls on New York sidewalks can result in serious injuries such as broken…
Read MoreWhat to do after a slip and fall accident
You should contact an experienced lawyer right away if you slip and fell on someone else’s property and sustained an injury. What follows are several tips to help you handle your slip and fall injury most effectively. Collect evidence While your main priority should be to get medical help right away, you also want to…
Read MoreWhat financial compensation would I be eligible to receive in a New York personal injury case?
After you have been seriously injured in an accident in New York, you probably have many questions about whether or not you are entitled to file a personal injury case. If someone else’s reckless or negligent behavior is the cause of your injuries, then you may be entitled to financial compensation for expenses and loses…
Read MoreWho can I hold liable for a catastrophic injury in New York?
If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…
Read MoreWhat Is negligence and why does it matter for my personal injury case?
In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…
Read MoreWhat is the most important quality in a personal injury attorney?
After you have been injured in an accident in New York, you need to hire a personal injury attorney you can trust. With so many lawyers out there, it can be difficult to narrow down your list and determine who is most appropriate to help you. One of the most important qualities to look for…
Read MoreThree key steps to take post-car accident
There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…
Read MoreIs the settlement I received for my personal injury lawsuit taxable?
For the most part, proceeds received as a result of a personal injury claim are not taxable under state or federal law, and it does not matter whether this case was settled outside of court or as a result of a jury  verdict. In the majority of situations, the state and federal government cannot tax…
Read MoreAvoiding haunted house injuries
It is that time of year again when haunted attractions might be at the top of the list for your weekend plans. Even if you have exciting trips planned to a haunted house, it is worth a reminder about how to stay safe at these locations in order to avoid injuries and accidents. Did you…
Read MoreStaying safe getting to and at the stadium: tips for football season
Since 2003, more than two dozen falls have happened at football stadiums around the country. Sprains, broken bones, and fractures are some of the most common outcomes of these accidents. Injuries can also happen in the parking lot or in your vehicle getting to and from the stadium. To fully enjoy the game, keep safety…
Read MoreNew York Labor Law Section 241 protects workers who are conducting construction, excavation and demolition work
There are many state labor laws that have been put into place to protect the parties involved. One such law is The New York Labor Law, NY Code Section 241. This particular law has to do with construction, excavation and demolition work. Basically, it provides an outline of the requirements for how the areas of…
Read MoreInjured woman cannot sue because town did not receive prior notice of defect
In some municipalities, someone who was injured on defective municipal lands or structures can only receive compensation for damages related to the injuries if the town had received prior notice of the defect. This relates to the case of a woman who tripped and fell on a sidewalk in Lake George, New York. She said…
Read MoreWoman injured at ice rink cannot sue the federal government
A woman was injured while skating at an ice skating rink. Under the Federal Tort Claims act (FTCA) and the Eight Amendment, the woman tried to sue the government for her fall on ice according to an August 21, 2014 New York Law Journal article. The woman’s lawsuit was against the government because the ice…
Read MoreThe workplace accidents dangers of Thursdays in November
Sundays are safe, April is safe and Thursdays in November are the worst. That is what a study found when it looked at the number of workplace accidents in Ireland after which workers received compensation as reported by Business and Leadership on November 6, 2014. The study, conducted by the Injuries Board in 2013, found…
Read MoreInjured worker who fell off ladder deals with dismissed case
A man was hired to renovate bathrooms in a home. He was also going to investigate a leaky skylight. The owner of the home gave him an extension ladder to use to reach the house’s roof according to a July 1, 2014 New York Law Journal article. The worker conducted a “safety check†of the…
Read MoreMan cannot sue for injury resulting from fall in snow and ice
A man at a resort and conference center decided to take a shortcut to the parking lot. The shortcut went down a hill and was covered in snow covered ice. That day it had been snowing, and the man fell on the hill and was injured. He attempted to sue the center for damages related…
Read MoreBus company tries to deny responsibility for student’s accident
When there was snow and water on the ground, a student with cerebral palsy, got into an accident while getting off of a school bus. The school bus company, Rainbow Transit Inc., wanted to have the case against it dismissed. The court did not do so by refusing to grant the bus company summary judgment…
Read MoreChurch is not responsible for woman’s trip and fall accident
A woman sued a church because of a slip and fall accident at the church and the church, the Tenth Church of Christ Scientist, tried to have the complaint dismissed by seeking summary judgment according to a June 23, 2014 New York Law Journal article. The woman claims that her husband was told to remove…
Read MoreTort reform law is invalid
To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages. Moreover, tort reform laws vary by state. About three years…
Read MoreWhat is a “tort?”
Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article. Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…
Read MoreOwner of facility is liable for condition created by the facility’s operator
About four years ago, an employee who worked at an assisted-living facility tripped and fell on a ramp that was located outdoors, as reported by the New York Law Journal in an April 15, 2013 news article. He sued the owner of the facility to recover for his injuries, which required “minor treatment,†claiming that…
Read MoreInjured bridge worker granted summary judgment after fall
A man was working on a bridge, 25 feet above the ground when he fell backwards off a plank and into his manlift device. The construction worker, who was hired by the Triborough Bridge & Tunnel Authority (TBTA), brought forth a liability lawsuit for summary judgment against the TBTA as reported by the New York…
Read MoreBuilder can recover for injuries for task not within job description
A builder was working on the construction of a home, and when the front door was locked, the builder tried to get access to the premises by going to through the deck’s access way. When the employee climbed up the steps leading to the deck, he had to get over about a two feet hole.…
Read MorePathway should be cleared during course of employment
During the course of employment, the employer should provide a safe working environment for his or her employees. If an employee is injured during the course of his or her employment, then the employer might be liable for the injuries sustained. A construction worker slipped and fell on ice that was located right in front…
Read MoreIgnoring a sidewalk defect can increase one’s liability
An actress while in Greenwich Village, New York, injured both of her wrists and had to undergo surgery and physical therapy when she tripped and fell on a defective sidewalk as reported by the New York Law Journal in an April 22, 2013 article. As a result, she sued the owner of the premises and…
Read MoreJurisdiction is significant in an accident case
A plaintiff, who is in his late twenties and is a New Yorker, brought suit against the defendants, a hotel owner, a management company and a cleaning company, when he was cleaning a kitchen stove, and he tripped and fell into a deep fryer, as reported by the New York Law Journal in a September…
Read MoreDuration of a dangerous condition can increase one’s liability
A landlord and building owner has the obligation to maintain his or her premises in a safe condition that will limit injuries and or accident to his or her tenants. Recently, a tenant took her building’s stairway up to her apartment.  Before she made it to the apartment, she tripped on a nail that was…
Read MoreOverlooking a dangerous condition can put one in harm’s way
Many people go to spas or fitness facilities to relax and get rid of all their tension and problems for a short period of time. A school principal went to a fitness center where she tripped on the ice build-up near the swimming pool and fell on her left side. She injured her left shoulder…
Read MoreEmployer is not liable for all injuries on the construction site
A construction worker while on duty, and carrying materials essential for the construction project at the World Trade Center site tripped and fell due to ice buildup at the site. At the time of the fall, the worker was carrying a panel which was about “9 feet by 2 feet.†The worker sustained injuries and…
Read MoreUsing a door not generally used by the public results in store not found to be liable for personal injuries
A New York man filed suit against a building owner after falling on a sidewalk outside of the owner’s building, as reported by the New York Law Journal in a February 20, 2013 news article. The man argued that he fell because of a defect in a metal cellar door that led down into the…
Read MoreRain fall increases one’s liability
While at a resort, a magazine’s project manager slipped due to a puddle of rain and she fell on the patio and injured her knee. The magazine manager then sued the resort owner, operator and the resort as an entity. She claimed that they failed to keep their premises in a safe condition and they…
Read MoreIssue of whether a company created a defective condition precludes motion to dismiss
A woman while walking on the sidewalk got her foot caught in one of the cellars doors that are located on the sidewalk. As a result, she sustained personal injuries, and she brought a lawsuit against the store owners to recover monetary relief for her injuries. The injured person claims that she did not see…
Read MoreInfographic: Slip and Fall Accidents
Filing a case is not enough
A now retired schoolteacher brought suit against New York City for a trip and fall she sustained on the school’s gym floor where she worked. As a result, she broke her arm and sought to recover for her injuries. This case was filed in 1994 however this case was dismissed in 2008, as reported by…
Read MoreSlip and fall case dismissed after judge finds that injuries claimed did not arise out of the accident
Staten Island Live reported in a March 3, 2013 news article that a Staten Island justice dismissed a lawsuit filed after a slip and fall accident. According to the court documents the woman claimed damages against Con Edison after an accident that resulted from the woman falling on a manhole that was covered. The woman…
Read MoreNew York court holds that testimony alone demonstrates hospital’s direct notice
A New York hospital attempted to dismiss a personal injury claim on the grounds they never received notice of the possible dangerous condition, as reported in a February 25, 2013 New York Law Journal article. However, the court dismissed the hospital’s defense on the grounds that there was direct and constructive evidence. The claim resulted…
Read MoreSlip and fall case dismissed after judge finds that injuries claimed did not arise out of the accident
Staten Island Live reported in a March 3, 2013 news article that a Staten Island justice dismissed a lawsuit filed after a slip and fall accident. According to the court documents the woman claimed damages against Con Edison after an accident that resulted from the woman falling on a manhole that was covered. The woman…
Read MoreNew Jersey Court allows a slip-and-fall victim to sue Wal-Mart
In 2010, a New Jersey woman was injured after she slipped on a puddle of water that was on the store’s floor. The woman filed a lawsuit against the Wal-Mart in 2011 seeking monetary relief for medical expenses and pain and suffering that arose from the fall. According to a My Central Jersey article published…
Read MoreBronx accident attorney discusses whether a ladder was used properly
The plaintiff, a demolition worker, was denied summary judgment against his employer, the defendant, in Velez v. The Keystone Building Corporation. The two sides disputed who was responsible for Mr. Velez’s fall from a ladder. He needed to climb a ladder as part of his work to reach a sidewalk bridge, according to an October…
Read MoreNew York state judge dismisses teenage girl’s accident injury claim
A New York teen suffered injuries as a result of falling into a gorge at Chattenango Falls State Park, as reported by the New York Law Journal in a February 4, 2013 article. The teen was injured while on a class hiking trip. When deciding to stray off to find a shortcut to the bottom…
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