Category Archives: General Personal Injury
Court Doesn’t Care What Caused Accident: Holds New York Liable for Construction Worker’s Injury Under State’s Scaffold Law
A recent case in the New York State Court of Claims illustrates how an employer – in this case, the state of New York – can be held absolutely liable for a violation of New York labor law that leads to an injury, without the injured worker having to prove who was at fault,… Read More »
Mineola Auto Accident Case Sheds Light On Comparative Negligence
In some auto accidents, it is possible for both drivers to be partly at fault in causing the accident. In these cases, New York law follows a rule of pure comparative negligence. This rule allows a jury to assign a percentage of the total fault to each driver. A plaintiff who is found to… Read More »
Times Square Hotel Ironworker Shocked by Violations of Safety Regulations
Even without a trial, a judge has ruled that the owner and contractor on a New York City construction project are liable as a matter of law for the injuries sustained by an ironworker who received multiple electric shocks while bolting up the roof on a Times Square hotel construction project. Matthew Buckley was… Read More »
Federal Court Rules New York Stop-and-Frisk Search Policy Violates Fourth and Fourteenth Amendments to U.S. Constitution
On August 12, federal judge Shira Scheindlin released her opinion in the case of Floyd v. City of New York, holding that the New York Police Department’s stop-and-frisk policy is unconstitutional. Along with the 198-page opinion, the judge also filed a separate 39-page Remedies Opinion in which she issued an injunction against the NYPD,… Read More »
Californians Try to Raise Medical Malpractice Damages Caps, New Yorkers Try to Keep Them Out
The California legislature first put a cap on noneconomic damages (pain and suffering) in medical malpractice cases in 1975, with the passage of the Medical Injury Compensation Reform Act (MICRA). Under MICRA, a person cannot receive more than $250,000 for pain and suffering caused by a doctor’s medical negligence or incompetence, regardless of the… Read More »
New York Scaffold Safety Law Under Attack in Legislature
New York’s so-called scaffold law protects construction workers from the hazards of working on heights and applies to ladder falls as well as scaffolds or any elevation-related accident. The scaffold law can be found in several sections of the New York Labor Code, such as sections 240, 241, and 241A. These provisions apply to… Read More »
Defense Puts Injured Plaintiff on Trial in NYC Personal Injury Lawsuit
Let’s say you are walking down the street near a building undergoing renovation when a piece of the building falls down and hits you on the head. You sue the people you believe are responsible and seek compensation for your injuries, which include orthopedic injuries, traumatic brain injury, memory loss, emotional injuries, cognitive impairment,… Read More »
NYPD Stop and Frisk Data Under Fire
Every time a New York City police officer stops and questions a person on the street, the police department Patrol Guide requires the officer to transfer the individual’s personal information to Form UF-250, the NYPD’s Stop, Question and Frisk worksheet. Since 2006, this information has been compiled into a centralized database, which according to… Read More »
Comptroller Liu Recommends Fixes to Decrease NYC Motor Vehicle Accidents
In the recent Claims Report issued by the City of New York Office of the Comptroller for fiscal year 2012, City Comptroller John C. Liu reports that NYC paid out nearly $486 million in tort claims for the year. Over $75,000,000, or 16% of the total, went for motor vehicle accidents. As the Chief… Read More »
NYPD Accused of Racial Profiling in Stop and Frisk
A federal trial concerning the “Stop, Question and Frisk” policy of the New York City Police Department concluded in May, and a decision is expected soon. The two-month trial of Floyd v. City of New York began on March 18 in the United States District Court for the Southern District of New York with… Read More »
