Category Archives: General Personal Injury
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 »
Height is Not the Issue in Construction Injuries Caused by Falling Objects
In McAllister v. Phoenix Constructors, JV, decided on November 28, 2011, the Supreme Court, New York County held the contractor and the Port Authority liable in a New York City subway construction accident for failing to provide a mechanical hoist to protect a worker who was injured when he slipped while manually hoisting a… Read More »
Failure to Provide Safety Devices Violates New York Labor Law
In a recent New York City construction accident case, the Supreme Court, New York County, held that the failure to provide safety devices is a per se violation of New York Labor Law section 240 (1). Section 240 covers scaffolding and other devices for use of employees, and 240 (1) specifically requires contractors and… Read More »
Court Says What a “Floor” is and Sheds Light on “Foreign Substances”
Amidst all the laws and rules and regulations overflowing with complex, technical language, don’t you sometimes wish the court would just pick up a dictionary and decide that words should just be given their plain, everyday meaning? Well, sometimes judges agree, as the following recent construction injury case illustrates. In the case of McAllister… Read More »