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March 23, 2019
Malpractice for over prescribing Opioids needs serious attention!

By Michael H. Joseph

Our New York City medical malpractice attorneys know all too well the damage that can be caused by over prescribing opoids. Opioids are commonly prescribed for pain. An estimated 20% of patients presenting to physician offices with noncancer pain symptoms or pain-related diagnoses (including acute and chronic pain) receive an opioid prescription. In 2012, health care providers wrote 259 million prescriptions for opioid pain medication, enough for every adult in the United States to have a bottle of pills. Opioid prescriptions per capita increased 7.3% from 2007 to 2012, with opioid prescribing rates increasing more for family practice, general practice,… Read More

February 20, 2019
Child Victims Act—A Central Part of Governor’s 2019 Justice Agenda

By Michael H. Joseph

On February 15, 2019, Governor Andrew M. Cuomo fulfilled his promise to sign the Child Victims Act, a key component of his 2019 Justice Agenda, within the first 100 days of the new legislative session. The legislation ensures those who abuse children are held accountable criminally and civilly and that survivors of childhood sexual abuse have a path to justice. Our New York sexual assault attorneys know how unfair New York’s statute of limitations can be to victims of sexual abuse. The old laws allowed sexual predators to escape civil consequences of their actions and provided a shield to those… Read More

February 9, 2019
E-cigarette explodes in man’s pants while shopping in store

By Michael H. Joseph

One of the most common questions that our New York City product liability attorneys here is “I got hurt because a product was defective, what are my rights”.  It is a basic tenant of New York product liability law that products are supposed to be reasonably safe under foreseeable uses. Our New York dangerous product lawyers have represented countless people who have sustained personal injuries because of unsafe products. Recently an e-cigarette exploded in a many pants and caused serious burns. The identity of the product that caused a plaintiff’s injury is the threshold requirement of a products liability claim.… Read More

February 2, 2019
Partially Blind, Elderly Woman Falls Down Elevator Shaft in New York City

By Michael H. Joseph

On November 28, 2018, a 66-year-old partially blind woman fell into an open elevator shaft in New York City building late afternoon.  Josephine Camtor, a resident of that building for about a year, was entering the first-floor elevator, but didn’t realize that the elevator wasn’t there.  She stepped inside the shaft and crashed down into the basement.  According to her family, Camtor is completely blind in one eye.  Firefighters and police rushed to the scene, where they found Camtor lying in the elevator shaft in pain, fire officials said.  Rescuers were able to remove her from the basement level and… Read More

January 26, 2019
Police Officers must establish Particularized Suspicion before Plaintiff’s arrest and strip search

By Michael H. Joseph

Our New York City civil rights lawyers have handled cases where the police have wrongfully strip searches citizens.  All too often police in New York City abuse their authority and strip search arrestees based on flimsy justifications, sometimes just to humiliate the person who was arrested.  Too many police believe they can strip search anyone who is arrested for drugs. Our New York City  false arrest lawyers know that the Fourth Amendment prohibits ‘unreasonable’ searches and seizures, consequently, strip searches of arrestees charged with misdemeanors or other minor offenses violate the Fourth Amendment unless, based on the crime charged and… Read More

January 11, 2019
Drunk Driver Hits Police Car

By Michael H. Joseph

This weekend, an intoxicated driver struck a stopped police car in Long Island, which resulted in not only the drunk driver being injured, but the police officers were injured as well. Accidents from drivers who are driving while intoxicated are unfortunately not new in New York. Our New York City drunk driving accident lawyers have handled many cases for victims of personal injury which were caused by drunk drivers. The law concerning who can be sued and the liability is not always complex. In this case, the General Municipal Law 205 gives police officers the right to sue anyone who… Read More

January 8, 2019
Weinstein Sex Trafficking Charges Survive Motion to Dismiss

By Michael H. Joseph

Harvey Weinstein must face charges of violating sex trafficking laws filed by a British actress who says the former movie producer invited her to a hotel room in France before sexually assaulting her, a US judge has ruled. Mr. Weinstein is also facing criminal rape and sexual misconduct charges in Manhattan over allegations made by three other women. Those charges are separate from the lawsuit filed by Ms. Noble.  Mr Weinstein has denied ever having non-consensual sex during his time working as a movie producer. The Manhattan judge denied Mr. Weinstein’s motion to dismiss the lawsuit, which was filed last year by… Read More

January 5, 2019
Debris From A Truck Hitting a Car

By Michael H. Joseph

Our New York City truck accident lawyers know that items Fallon’s off of an open bed truck and hitting another vehicle is a common occurrence. Contrary to what the trucking companies will say, this is not an accident because if the trucking companies are careful and secure their loads, this will not happen. The law in New York is crystal clear that trucking companies are under a duty to carefully secure their loads. The New York Courts have been tough on trucking companies that are careless in securing their loads when a load shifts or falls off the truck and… Read More

November 17, 2018
Brooklyn Construction boss charged with manslaughter for worker death

By Michael H. Joseph

Construction worker fatalities continue to rise in New York state amid rampant safety violations, according to an annual report released by the New York Committee for Occupational Safety and Health, an advocacy group. Our New York City construction accident lawyers know all too well the damage that the death of a construction worker can have on the worker’s family. Even though the consequences for unsafe work practices in construction are severe, New York contractors continue to take chances with the lives of New York construction workers. Finally, there is a prosecution for a fatality on a construction site. Fatal injuries in the… Read More

 
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