Category Archives: General Personal Injury
Claims of Man Injured in Elevator Shaft Fall Move Forward
A New York man’s claims based on injuries he suffered on the job at a Manhattan construction site will now move forward toward trial after defendants’ motions to have his claims dismissed were denied by the court. The injury victim, who also filed a motion to have liability determined ahead of trial in his… Read More »
Claim against Physician’s Assistant Based on Botched Spinal Surgery Dismissed
Doctors aren’t the only medical professionals who can face malpractice claims based on poorly-executed medical care or procedures. Nurses, physician’s assistants, and other hospital staff are also held to a legal standard of providing patient care that meets the standard for medical care in their field, and they may be financially liable when that… Read More »
New York City Department of Buildings Finalizes Training Requirements for City’s Construction Workers
Two months after the law entered into effect, the NYC Department of Buildings has announced the finalized version of a law mandating training for the city’s construction workers. Read on to learn more about the new law and what it means for those working in New York’s construction industry, and contact a seasoned Manhattan… Read More »
Appellate Division Outlines Limits of Protections Afforded Workers under New York’s Scaffold Law
In a recent Appellate Division opinion, Garbett v. Wappingers Central School District, the court ruled that an injured worker’s claims based on injuries suffered from a falling boiler component did not clearly fall under the protections of New York’s scaffold law, Labor Law § 240(1). Nevertheless, the judges, based in the Second Department and… Read More »
Texting Behind the Wheel Grows, despite Laws and Dangers
Texting and driving has been blamed by many experts as the reason for the rise in roadway deaths in recent years. Many states have responded to the threat of distracted driving by enacting laws that make it illegal to text or otherwise use a cell phone while driving. Unfortunately, neither safety warnings nor laws… Read More »
Claim against Driver in Three-Car Pileup Moves Forward
Rear-end crashes in New York are presumed to be the fault of the rear driver. By that same logic, when a New York crash involves three cars, the rear-most driver is assumed to be responsible for the chain-reaction crash. That said, courts will not ignore evidence that a front or middle car involved in… Read More »
Court of Appeals Makes It Simpler for Injured Plaintiffs to Prove Liability of Defendant
Succeeding on a personal injury claim for damages against a large, wealthy defendant isn’t simple. To make matters worse, some plaintiffs are forced to try and prove a negative by showing that they were not themselves negligent in causing their injuries while also proving that a defendant was responsible for those injuries. Now, a… Read More »
NYCTA’s Attempt to Dismiss Claims of Injured Passenger Denied
In a claim that recently came before the Second Department of the New York Appellate Division (including Queens, Kings, Richmond, Nassau & Suffolk counties), the judges refused to dismiss the personal injury lawsuit filed by a bus passenger who was thrown to the ground by a sudden and abrupt stop. Read more about the… Read More »
New York Court Considers whether Trip Caused by “Trivial Defect”
The State of New York allows for victims of trip-and-fall accidents to seek damages from property owners when hazardous conditions on the owner’s property caused the victim’s fall. However, there are certain types of hazards for which a court won’t find a property owner liable, even when they resulted in injuries to a visitor…. Read More »
Victims of Medical Malpractice in New York Granted More Time to File Lawsuits under New Law
After months of negotiation between the state legislature and governor’s office, New York Governor Andrew Cuomo has recently signed into law a bill that provides more time for medical malpractice victims to pursue a claim for damages against the medical professionals and facilities responsible for their injuries. The legislation, known as “Lavern’s Law,” was… Read More »