Recent Blog Posts
Elevator Accident Victim Defeats Attempt to Dismiss Claims
A woman who was injured by an allegedly misleveled apartment building elevator will now be able to move forward with a claim for damages, after the New York Appellate Division rejected the defendants’ attempt to have the lawsuit dismissed. This case was conducted in the First Department, serving New York County (Manhattan) and Bronx… Read More »
Property Owners Face Liability for Failing to Shovel Sidewalks
New York has been walloped with record-breaking cold temperatures and snowfall that has blanketed the city. Despite the brutal weather, life goes on. Most of the city’s residents must still make their way out into the chilling cold to get to work or school – commutes which often involve traversing treacherously-slippery roads and sidewalks…. Read More »
Informed Consent Necessary before Surgical Procedures
There are numerous facets to the legal duty of care that medical professionals in New York, including surgeons, must provide to their patients. They must listen attentively while their patients describe their symptoms to ensure that they have all relevant information when determining a diagnosis. They must follow best practices in their field when… Read More »
Research Reveals Additional Vulnerability of Women to Concussions
More and more medical researchers have begun looking at the causes and long-term effects of concussions on head injury victims. While concussion research has historically been conducted exclusively on men, a growing body of research shows that head injuries affect women differently than men. In a quest to find out why this may be,… Read More »
Claim for Slip-and-Fall Alleging that Lighting on Stairs was Inadequate Moves toward Trial
The First Department of the New York Appellate Division (Manhattan and the Bronx) recently issued an opinion on a slip-and-fall claim in a Washington Heights apartment building. The appellate panel allowed a claim against the building’s owners to move forward to trial, despite problems with evidence caused in part by the defendants. Fall on… Read More »
Claim by Woman Injured in Rear-End Crash Dismissed for Failing to Meet Serious Injury Threshold
After a crash, if it seems like your injuries will cost more to treat than insurance policy limits will cover, it may be necessary to consider filing a lawsuit against the at-fault driver in court. Unfortunately, this avenue for recovery is available only when the plaintiff’s injuries meet the no-fault threshold under New York… Read More »
Claim by Accident Victim Injured by Duct-Taped Escalator Survives Summary Judgment
A lawsuit based on a terrifying escalator accident will now move forward toward trial, after an attempt by the property owner and escalator maintenance company to dismiss the claim with a motion for summary judgment. The Supreme Court of Queens County recently issued its opinion dismissing the motion in the case of Ramirez v…. Read More »
New York Court Allows Lead Paint Claim to Move Forward
A young man who suffered from learning disabilities believed to be caused by lead paint exposure will now be permitted to pursue his claims at trial. A recent decision by a Supreme Court of New York County judge rejected a motion to dismiss these claims filed by the boy’s one-time landlord. The case, titled… Read More »
Lawsuit Moves Forward against Employer for Accident Near Company Property
Premises liability claims are based on the principle that property owners failed to uphold their duty to prevent visitors from becoming injured while on their property. A recent case before the Supreme Court of New York in Tompkins County asked the judge to decide whether an accident victim could seek damages from a property… Read More »
Most Recent NHTSA Data on Fatalities Show Another Year of Increases
The National Highway Traffic Safety Administration (NHTSA) has released its annual reports on the number of fatalities on US roads in the previous year and the perceived causes. The reports show that the US has experienced yet another year of rising roadway fatalities, with many experts blaming distractions from cell phones as a leading… Read More »
