Recent Blog Posts
Not Just the Usual Jerks You Experience on the Bus
If traveling on New York City buses, you should expect to encounter plenty of jerks along the way. No, not the people you meet; they are great. But the bus itself will jerk and jolt as it starts and stops, maneuvering from traffic to curb and back again. Some of these movements will be… Read More »
When is a Contractor Not a Contractor?
New York Labor Law 240(1) requires “contractors and owners and their agents” to provide scaffolds, ladders, hoists, and other safety devices to protect workers from gravity-related hazards, such as falls or falling objects, during construction projects, including erection, demolition, repairing, painting, and more. Section 241 places duties on “contractors and owners and their agents”… Read More »
Punitive Damages may be Appropriate for Hiding Medical Error in Medical Malpractice Case
In the case of Marsh v. Arnot Ogden Medical Center, the Appellate Division, Third Department has unanimously reversed a decision of the trial court dismissing the plaintiff’s punitive damages claims against a doctor and medical center in a medical malpractice wrongful death lawsuit. In this case, a patient in the hospital was mistakenly injected… Read More »
Noseworthy versus Negligence Noseworthy Wins
Two competing legal doctrines recently went head to head, or nose to nose, in the New York trial and appellate courts. The first legal principle is one established in the 1948 New York decision of Noseworthy v. City of New York. In that case, the court held that the plaintiff in a personal injury… Read More »
Late Notice Allowed in Claim Against City
In a typical personal injury action, you have up to three years from the date of the accident to file a lawsuit against the negligent defendant. Once this statute of limitations passes, you can be prevented from ever filing suit against the defendant and recovering compensation for the damages caused to you. When the… Read More »
Defendant May Be Absolutely Liable, But Plaintiff Must Still Prove Case
When a construction worker is injured due to a violation of New York Labor Law by the contractor or property owner, the owner or contractor may be held strictly liable for the damages caused. This notion of strict liability or absolute liability relieves the plaintiff of having to prove some elements of the case…. Read More »
Plaintiff Fractures Wrist while Defendants Point Fingers
When a worker is injured on the job due to a violation of New York Labor Law, someone other than the worker may be liable for the damages caused. But determining who that “someone” is can be complicated matter, and the potential “someones” often go to great lengths to make sure the responsible “someone”… Read More »
New York Labor Law and the Slippery Notion of Notice for Negligence Claims
When somebody slips and falls or otherwise sustains an injury due to a dangerous condition on another’s property, a crucial question regarding the property owner’s liability is often whether the owner had notice of the dangerous condition but failed to take adequate steps within a reasonable time to prevent injury, such as by fixing… Read More »
Stay on Top of Drug and Product Safety
The ability of the Internet to quickly deliver information can be a lifesaver when it comes to keeping yourself and your household safe from dangerous and defective drugs, medical devices, and consumer products. Here are some of the websites that can help you stay on top of drug and product safety and hopefully prevent… Read More »
Broken Pills and NanoKnives – Just the Latest on the Recall Front
Drug manufacturer Novartis has issued a voluntary recall of several bottles of many of its over-the-counter medications, including Bufferin, Excedrin, Gas-X and NoDoz. Not only may some of the pills be chipped or broken, but the medicines may be mixed with other medicines that do not belong in the bottle. If you have any… Read More »
