Recent Blog Posts
Non-Code-Compliant Pool Could Result in Liability for Landlord
A recent case that came before the New York Appellate Division, First Department (including Manhattan and the Bronx), required the court to decide whether a tenant could bring a claim against his landlord for an injury he suffered on the property he occupied. The case is one example of a slip-and-fall claim where liability… Read More »
FDA Warns against Use of Codeine-Containing Medications for Children
The Food and Drug Administration recently announced that prescription medications for children containing the pain killers codeine or tramadol must now carry a warning that the drugs are unsafe for children. The warning is being required after research has shown that some children experience a fatal slow-down in breathing after taking codeine-containing drugs. Prescription… Read More »
Injured Driver’s Lawsuit against MTA Moves Forward
Under ideal circumstances, an insurance settlement would provide fast and full compensation to traffic accident victims, allowing everyone to avoid the time and expense of a lawsuit. Unfortunately, this isn’t always the case. Insurance may be insufficient to cover the full cost of the victim’s injuries. Also, settlement of insurance claims will not provide… Read More »
What to Know about Broken Bone Injury Accidents
When you were a kid, you may have broken a bone while playing with friends and recovered relatively painlessly. However, breaking a bone as an adult is a much more serious injury that can have long-term consequences, especially if you’re in your senior years. Read on to learn more about fracture injuries. If you’ve… Read More »
Violation of Any Code Section Does Not a Lawsuit Make
A Manhattan trial court judge recently considered the claims of a woman who sued her building after being injured on the building’s staircase. The judge found that the plaintiff’s claims based on outdated or general code sections were not an appropriate basis for an award of personal injury damages. The case, titled Barnard v…. Read More »
Claim against Dog Owner Dismissed for Injuries Not Caused by “Vicious Propensity”
The First Department of the New York Appellate Division recently considered whether a claim could be made against a dog owner for injuries received not from a vicious dog, but from a dog that was simply not under an appropriate amount of control. The court dismissed the claim, but pointed out that the lack… Read More »
Fatally Injured Trip-and-Fall Victim’s Claims Allowed to Proceed
Claims filed by the estate of a fatally-injured fall victim may now move forward toward trial after the Appellate Division rejected the defendant property owner’s attempt to have the claims dismissed. The case illustrates several issues faced by plaintiffs claiming injuries from a trip-and-fall, and the defenses that property owners may attempt to assert…. Read More »
Appellate Division Finds Driver Responsible for Accident in Icy Weather
In a recent case before the First Department of the New York Appellate Division, the court was asked to decide whether a driver who rear-ended another driver should be deemed responsible for a crash which he claimed was caused by snowy roadway conditions. Collision after rear vehicle skids on ice The case, titled Matos… Read More »
Agent of Homeowner Held Liable for Injuries Received on Job Site
In a recent case before the Second Department of the New York Appellate Division, an injured construction worker will be permitted to continue pursuing a claim for his injuries after a fall on a job site located on a single-family residential property. This case is an example of a rare exception to the rule… Read More »
Man Fatally Injured in Forklift Accident at Queens Facility
Recently, a young man working at an auto parts facility in Queens received fatal injuries from an accident involving a forklift. Forklift accidents are surprisingly common, but they can often be prevented with careful equipment maintenance and adequate safety training. Rolling forklift pins man against vehicle The recent accident occurred on Saturday, February 11…. Read More »