Category Archives: General Personal Injury
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 »
Safety Council Report Shows Rise in Car Accidents for 2015
Earlier this year, the National Safety Council released a report of car accidents in the U.S. covering the first six months of 2015. In just that time alone, there have been more 2.3 million serious injuries in car accidents, and more than 18,600 fatalities. At this rate, 2015 is on its way to becoming… Read More »
Mayor’s Report Reveals Sharp Rise in New York City Construction Accidents, Injuries and Fatalities
Last month, the City of New York released the Mayor’s Management Report for Fiscal Year 2015, an annual report to NYC residents about how well the city is doing across the full range of city services. Every area and city department is included in the report, including the Department of Buildings, the agency responsible… Read More »
New York’s “King of Cranes” Told to Pay Over $96 Million for NYC Crane Collapse
Earlier this month, a Manhattan jury returned a $96 million verdict to the families of two men killed in a 2008 crane collapse on E. 91st Street in New York City. This award includes $48.3 million in compensatory damages and another $48 million in punitive damages. The defendant, James Lomma, will be forced to… Read More »
Maintenance Company Not Liable for Garage Elevator Free Fall
A New York appellate court ruled last month that a contractor cannot be liable for injuries that may have been in part caused by a negligent inspection where the contractor’s actions did nothing to launch “a force of harm” by creating or exacerbating an unsafe condition. The case of Medinas v. Milt Holdings involved… Read More »
Bronx County Court Affirms that Driver Who “Stops Short” may Still Recover in Rear-End Collision
In the recent case of McCloskey v. Nieves, the Supreme Court, Bronx County ruled on an issue involving an all-too common question of who will be liable when one motorist rear-ends another motorist who allegedly “stopped short,” or in other words braked a car so suddenly as to not leave sufficient time for the… Read More »
Can Housemates be Liable for a Co-tenant’s Dog Attack?
When a dog bites or attacks a person, the dog’s owner is strictly liable for the damages caused if the owner knew or should have known about the animal’s vicious propensity. What about other people who live in the same house but do not own the dog? Can they ever be held liable for… Read More »
Nassau County Court Decides Issues of Medical Malpractice, Negligence and Punitive Damages in Wrongful Death Case
The case of D’Alessandro v. Nassau Health Care Corp. involved a mother whose son was hit by a car and later died after receiving treatment at the hospital. The mother believed medical errors caused her son’s death, and she sued several doctors and the hospital for negligence, medical malpractice and wrongful death. Both sides… Read More »
Officer Injured in Scuffle Sues Arrestee but Has Case Dismissed
Police officers can be injured in the line of duty in many ways, including when having to physically subdue a suspect who is violently resisting arrest. In most cases, the officer cannot sue another party for an injury which occurs while performing police duties, such as an injury suffered while making a lawful arrest…. Read More »
