Recent Blog Posts
Doctor Found to Have Duty to Warn Patient of Effects of Prescribed Medication
A decision from the New York Court of Appeals concluded that a doctor has a duty to notify a patient that the prescribed medication can jeopardize that patient’s ability to drive safely, making the doctor liable if a patient without that notice injures someone else while driving. In the case of Davis v. South… Read More »
Court Permits Claim for Slip and Fall on Wet Subway Platform to Move Forward
During the winter, those of us living in snowy climates can expect there to be melted snow and ice tracked into slippery lobbies and doorways. However, once inside a building or train station, we aren’t always prepared to find puddles of standing water on slippery concrete floors, and can pay the price of an… Read More »
Rear-End Accidents Are the Responsibility of Rear Drivers, Unless They Aren’t
Rear-end car accidents are often clearly the responsibility of the rear driver. When the facts are clear—say, the rear driver was texting at the time of the crash—these cases can often be decided via the expedited process of summary judgment, so that the plaintiff can receive compensation sooner than if she were required to… Read More »
Police Officer Permitted to Go Forward with Injury Claim
While not based on the type of accident or injuries one tends to imagine when considering the ways that police officers are hurt on the job, one officer was nevertheless seriously hurt when tripping over a power cord. Indeed, the fact that the accident was not one typically associated with the dangers of police… Read More »
“Litigation is not a sport, litigation is not a lottery.”
“Litigation is not a sport, litigation is not a lottery.” Judge Shira Scheindlin of New York’s Southern District had these strong words for a man who filed a “galling” lawsuit against New York City for false arrest, as well as a stiff financial penalty. Judge Scheindlin’s opinion highlights the importance of finding legal counsel… Read More »
Dereliction of Duty by Nursing Home Staff Results in $2.5 million Award
A case of violent crime befalling a severely handicapped woman shows the ways that negligent care in a nursing home can have truly tragic results. The case, titled William L. v. The State of New York, was filed by the administrator of the victim’s estate against a State-run adult care facility. William L. brought… Read More »
Store Not Responsible for Sidewalk Fall Which Occurred on Neighboring Property
Determining liability for a hazardous condition that causes injuries can be complex. Sometimes, multiple parties may be responsible for a dangerous condition, requiring a skilled attorney to sue all responsible parties to ensure that the victim is fully compensated. Where it appears that multiple companies or individuals may have contributed to a dangerous condition,… Read More »
A Hospital can be Liable for Doctors’ Malpractice, Even When the Hospital Does not Employ the Doctors
Normally, when doctors commit malpractice in a hospital, the hospital can only be liable if it employed or supervised the doctors. Just because a doctor may perform surgery or treat patients in a hospital setting does not mean the doctor is employed by the hospital, so it is important in a medical malpractice case… Read More »
Liability for Negligence under the Nursing Home Reform Act
The NHRA was enacted by Congress in 1987 to ensure the “highest practicable” services to nursing home residents for their mental, physical and emotional well-being. Violation of NHRA guidelines can open a nursing home up to administrative penalties from the state as well as civil liability to nursing home residents, who may obtain compensation… Read More »
Students tripped on a field trip: What is the school’s duty supervise?
In the recent case of Lennon v. Cornwall School Dist, the Appellate Division of the Supreme Court of New York, Second Department decided a case involving a school district’s liability where one student injured a couple of other students. The Second Department covers Richmond, Kings, Queens, Nassau and Suffolk counties, among others. The pivotal… Read More »