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Early September, 2013 Review

September 10, 2014
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The first couple of weeks of September saw many accidents in the first two weeks of September, 2014 throughout Westchester and New York City. Our White Plains personal injury lawyers and Manhattan accident lawyers continue to provide legal analysis on legal issues that affect the citizens of New York.

Yet another truck, this time an army truck, hit the East Third Street bridge in Mount Vernon on the Hutchinson Parkway. This accident was obviously caused by the truck’s negligent operation in being on the Parkway in the first place. Trucks are not allowed on Parkways in the State of New York. Despite this fact, there have been over 70 bridge strikes by buses or trucks in the last few years. Unlike most cases, lawsuits against Federal entities must be brought in accordance with the Federal Tort Claims Act, which has numerous nuances.

A small construction site was a scary scene for two Port Chester construction workers who were working in a trench, when a sudden cave in occurred. Had these workers been provided with the shoring and bracing that New York law requires for New York State construction sites, this accident never would have happened. Our Westchester construction accident lawyers have fought to improve safety for all construction workers in Westchester, Rockland and New York City.

Beloved comedian Joan Rivers died last week following a procedure in a Manhattan doctor’s office. Preliminary reports indicate that Joan Rivers may have been a victim of medical malpractice. Ms. Rivers underwent an unplanned biopsy in which her doctor used a scalpel to remove a polyp-like growth on her vocal cords, while she was under anesthesia, when her cords reacted unexpectedly and restricted her airflow. Since the untimely death of Michael Jackson, the public and medical profession have become more cognizant of the hazards in using anesthesia outside of a hospital or surgi-center which are equipped to deal with emergencies when seconds matter. In general a physician is liable for medical malpractice when they depart from accepted standards of medicine and cause an worsening of the patient’s condition.

Several injuries occurred when a fight broke out at Gansevoort Hotel, which was hosting a dance party. While the assailants were arrested for what appears to be a felony level assault, the hotel has some responsibility also. The hotel which advertises and boasts an environment of debauchery still has a responsibility to keep its patrons safe from other patrons and intervene to prevent criminal acts. When bars cater to and attract thug like crowds, they are responsible to provide adequate security and can be sued for failing to intervene when they have notice that an altercation is escalating and fail to intervene.

A Bushwick Brooklyn woman was seriously injured this week while riding her bicycle after she was hit by a vehicle who fled the scene. Luckily the driver was identified and can be sued. However, this scenario does not always end with finding the offending driver. Even in cases where the driver cannot be found, the bicyclist has an uninsured/unidentified motorist claim against their own insurance company or can pursue a claim against a fund to protect victims of hit and run accidents, which is the Motor Vehicle Accident Indemnification Corp,. which is commonly known as MVAIC.

 
The Law Offices of Michael H. Joseph