New York Court Recognizes General Municipal Law Claim For Police Officer Injured Breaking Up A Bar Fight
New York City personal injury lawyer Michael Joseph won a major legal battle by advancing the law in the area of New York Police Officer injury cases. Our New York police line of duty accident lawyer successfully convinced the New York Supreme Court that a nightclub owner could be held responsible for operating a disorderly and violent premises when a police officer suffers personal injuries while breaking up violent altercations which start in a rowdy bar or nightclub.
New York General Municipal Law 205-e allows police officers and firefighters to sue anyone who violates a law or ordinance which causes a police officer or firefighter to become injured. Our New York and Westchester police injury lawyers were the first to successfully use the Alcohol Beverage and Control Law and the New York City Administrative Code as underlying statutes to hold owners of a nightclub responsible for injuries to a New York City Police Officer. Alcohol and Beverage Control Law 106-6 prohibits premises which sell alcohol from being disorderly. Alcohol and Beverage Control Law 118 prohibits misconduct, disorder or disturbance which adversely affects the health and safety of the surrounding area. New York City Administrative Code 20-106 requires a premises that sells Alcohol to exercise a high degree of control and supervision of over the licensed premises and New York City Administrative Code 20-107 requires the bar owner to control the crowd, including when the crowd is waiting to enter the premises and when leaving the premises.
The New York Supreme Court found that our New York City personal injury lawyers successfully proved that the nightclub in question was disorderly through proof of nuisance abatement cases, testimony from officers as to the routinely violent nature of the bar’s clientele and documented instances of disorder at the premises through police department records.
Our accident lawyers have handled numerous line of injury cases in New York City and Westchester.
Our New York City personal injury lawyers and White Plains accident attorneys have handled numerous line of duty injuries for police and firefighters. Too often attorneys who analyze police and firefighter injury or death cases focus on the General Municipal Law 205 claims, which requires an underlying violation of law to be able to sue. However, most lawyers ignore the general negligence remedies available under New York’s common law and the danger involves rescue doctrine.
Until recently New York Courts prohibited police and firefighters from suing under negligence causes of action. However, recent amendments to New York’s general obligations law have removed the barriers which the New York Courts imposed to allowing police and firefights sue for ordinary negligence, with some exceptions. Prior to these recent amendments, the New York Courts would only allow firefighter and police accident cases to proceed on general municipal law theories.
Our New York City and Westchester accident lawyers have been pursuing negligence cases under the danger invites rescue doctrine. In general when a person or company through carelessness or negligence creates a dangerous situation, they are legally responsible for whatever injury or death results and to compensate the victims with money. Likewise, when a negligent person or company puts someone in peril and a police, E.M.S. or firefighter is injured while coming to the aid of someone in danger, the original careless party is also responsible to compensate the rescuer.
New York law recognizes that the “Danger Invites Rescue” doctrine creates a duty of care toward a potential rescuer where a culpable party has placed another person in a position of imminent peril which invites a third party to come to his aid. New York jurisprudence recognizes that the risk of rescue is born of the occasion and the wrongdoer may not have foreseen the coming of a rescuer, but he is nevertheless liable as if he had. Under New York Law, the wrong that imperils life is a wrong to the imperilled victim as well as a wrong also to his rescuer.
Common examples include where a police officer is injured breaking up a fight in a violent nightclub or bar or where a firefighter is injured because a fire was started through negligence such as faulty wiring, negligent gas line installation or other dangers.
In general, whoever caused the accident is responsible. If it was the employer or a co-employee who caused the accident, you are usually barred by workers compensation laws from suing them because you’re getting comp you can’t bring a lawsuit. However, if the employer did not have workers compensation, you can sue the employer directly and the owners personally for failing to securing payment of compensation. Additionally, who’s liable often depends on how the accident happened. In general, under the labor laws, the work site owner or the owner of the construction site and the general contractor are always liable… Read More
The biggest misconception is that people think that they only get comp. A lot of people don’t realize there are all these other remedies out there that can protect them and there are these other laws under which they can bring a lawsuit and get compensated for what they went through. Another misconception we see, particularly among the immigrant community and undocumented immigrants, is that they can’t sue because they arrived here illegally. We’ve handled a number of these cases successfully and the courts were pretty clear that the immigration status doesn’t matter because if you get hurt in the… Read More
Como un abogado de accidentes de coche en Nueva York, quetambién asiste en un gran número de accidentes de camiones comerciales, hemanejado numerosos casos de lesiones personales que impliquan a losautomovilistas de otro estado que causan accidentes de tráfico en Nueva York. Una de las primeras preguntas que todas las víctimas de lesiones personales en un accidente de coche le pide a su abogado de accidentede coche es donde puedo demandar. La respuesta es que la ley de Nueva York establece la jurisdicción sobre el demandado si el accidente se produjo en Nueva York. En general, el abogado tendrá que… Read More
This week a wrongful death was suffered by an unfortunate tenant in fire in a Yonkers building. Fire crews battled the fire for several hours prior to getting it under control. Fires present dangers of both person injury and death to both those who live in buildings and the firefighters who battle them. Our accident attorneys have extensive experience in handling fire cases both in New York City and in Westchester. While the insurance industry will claim that fires which are accidental, are not the fault of anybody and just happen. Our New York City and White Plains Personal injury attorneys… Read More
Our New York construction accident lawyers have extensive experience in representing construction workers who have sustained personal injuries in worksite accidents. One of the most frequent questions our construction accident attorneys hear is do I have a case. While most construction workers are familiar with New York’s Ladder or Scaffold Law, which is known as Labor Law 240. This law generally imposes liability for falls from unsafe scaffolds or ladders, but there are a number of situations in which a construction worker who is injured on the job can sue for damages. One of the most comprehensive New York Laws… Read More
Construction continues to be one of the most dangerous professions, and this week, thousands of New York City construction workers assembled to mourn the 30 wrongful deaths and fatilities of their fellow construction workers who died in construction accidents over the past two years. The construction worker are calling for new legislation to protect them and enforce job safety in an urgent call for action to help prevent future job-site fatalities. Our New York construction accident lawyers support new legislation and increased enforcement for job safety. Across New York City there have been vocal outcries and protests for greater work place… Read More
The first week of February has proven to be a deadly week, with a number of tragic car accidents in the Bronx. Our New York City wrongful death and car accident lawyers know all to well how dramatically a car accident can affect someone’s life. An off-duty New York City Police Officer suffered an unfortunate wrongful death in a car accident in the Bronx this week. The passenger in the vehicle,who was a housing officer, also suffered serious personal injuries. The officer’s car flipped over and then caught fire in a traffic circle in the Pelham Bay section of the… Read More
The federal government’s Occupational Safety and Health Administration is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse. In particular OSHA found that the contractors failed to keep a safe work site, and exposed employees to the risk of injury caused by the falling crane. The incident occurred when a crane, which was driving piles for the new Tappan Zee Bridge’s Westchester-bound bridge collapsed across all lanes of the current bridge. While cranes collapses in Manhattan have become somewhat of an epidemic. there are only a few Westchester maritime construction accidents, who are familiar with the interplay of maritime law… Read More
Our New York City police brutality lawyers have handled numerous cases for inmates who were mistreated at Rikers Islands and suffered injuries, both by guards and other inmates. While cover ups and fabricated stories to justify guards behaviors are common place, Court papers this week exposed a new low.City investigators who were investigating an inmate’s sexual assault allegations on Rikers Island lost track of key biological evidence for four days before it surfaced with signs of tampering. The inmate claims a Rikers correction officer sexually abused her in May 2013 by forcing her to perform oral sex on him and says… Read More
In a recent case, our White Plains Lawyer, Michael Joseph won a summary judgment motion for a client who backed out of a parking spot and was hit by another vehicle. Summary judgment is used to expedite a case when there is no dispute as to the important facts of the case. When there are no issues of fact, it can be determined which party is entitled to judgment without having to proceed to trial. Michael Joseph is considered to be one of the most experienced car accident lawyers in Westchester and has won numerous summary judgment decisions in favor… Read More