Personal Injury Update- February, 2017
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 Bronx. While, the NYPD’s highway investigation unit is investigating to determine if the car was speeding, that is usually the most common cause of a vehicle flipping over, although the design of the vehicle itself may be a contributing factor. There have been a number of successful products liability lawsuits against car manufacturer’s for negligent design where the car is prone to tip over at foreseeable speeds. Usually, if the vehicle is too top heavy or is tall, but not wide, the design can contribute to a roll over type of accident during a turning maneuver.
In another motor vehicle accident, a two-car crash at occurred at the intersection of Colgate and Westchester avenues, in the Bronx, which caused one of the vehicles to collide with and get stuck under the side of a school bus. Thankfully all of the children are reported to have not suffered any injuries.
Also this week, lead was found in the water of P.S. 41 and in P.S. 189 in Brooklyn. Lead is a known neuro-inhibitor and can cause brain damage in children. All parents with students at PS 41 and P.S. 189 should have their children undergo blood tests to determine if they have lead in their blood. The New York City Board of Education has admitted that it found lead in 10 of 63 samples taken around the school at PS 41 from classrooms, bathrooms, water fountains and offices. This indicates that there is a significant risk that students in the school were exposed to lead. In general a lead level of 5 or above is considered dangerous. Some of the signs of lead poisoning include hyperactivty, diminished cognitive abilities, lack of focus and other neurologic symptoms. Our New York and Westchester lead poisoning lawyers have handled many lead cases for children who have sustained lead poisoning. Remember, under New York State law, to present a claim against the New York Board of Education, a notice of claim must be filed within 90 days of the last date of exposure.
This week, a Long Island Corrections officer sustained an injury, after being poked by a needle while searching an inmate at the Nassau County Jail. The needles are used by Armor Correctional Health Service, at the jail and this is not the first time where an inmate has been found to have a medical needle from Armor Correctional Health Service. This strongly implies that Armor may be acting negligently in failing to secure their medical equipment an in allowing dangerous instruments to fall into the hands of inmates. Our Jail injury lawyers know that this poses a risk to both inmates and officers.
Our New York City car accident attorneys stay up on the current events to which the law applies and which involve the application of personal injury law in New York.
This week a driver who caused a multi car accident on the major deegan in the Bronx, was arrested for aggravated unlicensed operation of a motor vehicle. The driver who was driving with a suspended license. Our car accident lawyers know all too well that when irresponsible drivers get behind the wheel, it can seriously affect the lives of others. In this case, five people were hospitalized following the accident.
Drinking among police officers who then drive home has been a problem which has reached epidemic levels. Recently an Eaastchester Sergeant who committed suicide was discovered to have been involved in a hit and run accident after a night out drinking at a notorious cop bar. The accident left an elderly woman with injuries that required surgery and extensive hospitalization. This week it was determined that Yonkers Detective Frank Fernandez who was involved in a car accident with a fire engine, was highly intoxicated at the time. More specifically the detective, who crossed into on coming traffic and crashed into the fire truck, had a blood alcohol level of . 22, which is almost three times the legal limit. The officer also suffered a fatality and was killed in the crash. Apparently, the officer was at a local Yonkers bar. In a case such as this, the bar would be liable to those injured and even the officer’s family, could sue the bar for serving an already intoxicated individual under New York’s dram shop act. Serving an already intoxicated person is a violation of New York’s alcohol beverage and control law. Our Westchester drunk driving accident lawyers have successfully prosecuted these dram shop cases in drunk driving accidents.
Elevator accident cases are among some of the most technically difficult cases to prove. This week, a 6-week-old infant was killed in a Brooklyn elevator accident. Our New York City elevator accident lawyers are experienced in these types of cases. The residents state that the elevators never worked properly. All too often the elevator maintenance companies and the building owners allow dangerous and defective conditions to exist in elevators by failing to adhere to proper preventative maintenance procedures. There are very strict industrial standards that are intended to keep elevators working at a safe level and in a good and workmanlike manner. The first thing to do in any elevator case is to get the contract and the elevator maintenance log and thew work tickets. This documentation will let any elevator accident attorney know how thorough the maintenance procedures were or how insufficient they were. In the latest Brooklyn case, the mother and the baby fell 6 to 8 feet onto the top of the broken lift and then plunged nearly eight stories down the elevator shaft. This particular building had 147 violations and another death in an elevator accident last year.
In White Plains this weekend a manhattanville student suffered a wrongful death after being his on Westchester Avenue, by a car which was driven by an intoxicated individual who had more than double the legal limit of alcohol in their system. The driver is now facing vehicular manslaughter. Even wit the newly enhanced penalties for driving while intoxicated, the wrongful deaths from drunk driving in Westchester seem to continue to be a recurrent problem for the Westchester community.
A car accident fatality occurred this morning when a Bronx man was killed in a multi-vehicle accident. The decedent attempted to drive between a vehicles which was stopped for a red light, and another=, which was parked at the corner. All too often careless driving can have tragic results. In this case, the accident was the decedent’s fault, but our New York City wrongful death lawyers know all too well the price an innocent victim can pay because of another’s carelessness.
In another tragic accident, a retired New York City police officer died in a fiery crash yesterday in Long Island. The accident happened perhaps due to negligent repair and maintenance of the vehicle. The cause of the accident was the rear driver’s side wheel came off and the driver lost control of his jeep, which overturned and caught.The decedent’s family should look into whether any recent tire work was done, and it seems probable that the wheel was not properly secured, which lead to the accident.
In an attempt to reduce police shooting victims, the Governor of New York has appointed the Attorney General to conduct a probe of police shootings. Our police shooting lawyers applaud this probe as too many victims have lost their lives because of over zealous trigger happy cops during encounters for petty offenses or for actions which really aren’t criminal in the first place.
Our personal injury lawyers have handled many cases involving assaults by bar, club and other nightlife bouncers and security and know how lawless and dangerous these places can be. Despite the responsibility to keep its patrons safe, these bars often allow a wild atmosphere because it brings in money. This week the New York State liquor authority closed 10ak. The Administrative Law Judge found numerous incidents in which security did not control rowdy patrons and the bar flouted the law. In two cases that could have turned the bar into a deathtrap, one exit was locked and another obstructed by metal barriers. Security was unable to control patrons when a fight started inside the club and spilled onto the sidewalk outside. The Judge found that such failures to maintain order speaks poorly to the ability to protect the welfare of club patrons as well as the public at large,
A significant amount of property damage was caused to a local Mount Vernon business yesterday. – The driver of a van, who was speeding on West Lincoln Avenue, lost control and slammed into a Mount Vernon laundromat yesterday. New York’s vehicle traffic law requires that drivers maintain a reasonable speed under the circumstances. A failure to abide by this law is negligence. Certainly the driver is liable and their insurance company will have to compensate the property owner. In another twist of fate, a driver of a motor vehicle suffered a fatality after he lost control of his vehicle in Rye on interstate 95.
Our Westchester car accident lawyers have handled many cases where cars crash into other vehicles which are disabled on a highway or parkway. In the Rockland County village of Nyack, a major truck accident occurred this week. A tractor-trailer burst into flames after smashing into a disabled truck on I-87 this morning. New York law requires that car and truck drivers maintain a proper look out and make adjustments for unexpected circumstances. Our New York truck accident lawyers have handled many truck accidents including fatalities.
A terrible tragedy occurred in the Bronx this week when a Mercedes SUV lost control and hit an eatery, which resulted in the wrongful death of a six year old boy. No words can express the sorrow of a grieving parent and our New York wrongful death attorneys have seen too many parents cry over the loss of a child because someone was careless. Still the law in New York continues to provide inadequate remedies for the loss of a child. In New York, the law is that for wrongful death, the decedents can only recover the financial or pecuniary loss that the decedent provided, which in the case of a child or an elderly person is not much. The decedents can also recover for the pre-death pain and suffering of the decedent. The law however does not recognize a parent’s grief or sorrow as an element for which damages can be awarded. Hopefully, this will change.
The first two weeks of January proved to be a hazardous beginning of the new year, especially on Westchester;s Saw Mill Parkway. First, last Friday, a Westchester County police officer was struck by a car on the Yonkers section of the Saw Mill River Parkway while rescuing a teenager who was walking on the parkway’s shoulder. While the officer was attempting to get the kid off of the parkway, when a truck lost control and hit the officer.
Again this week in Mount Kisco, there was a serious car accident on the Saw Mill Parkway which resulted in a seventeen car pile up and several personal injuries. The accident occurred when an SUV lost control on the parkway and hit an embankment and caused a multi- vehicle pile up which shut down the Saw Mill Parkway for hours. With the sudden cold temperatures our White Plains car accident lawyers are seeing alot of cases which are related to snow and ice, especially black ice. Typically, since the law imposes an obligation on all drivers to make appropriate adjustments in speed to account for adverse weather conditions.
Also this week, there was a fatal elevator accident on Manhattan’s West Side, where an elevator moved down suddenly several floors and crushed the elevator mechanic who was performing a repair. Our New York wrongful death lawyers have handled numerous industrial accidents. Although the details are still unclear, is sounds like a strong Labor Law 240 or negligence case. If sounds like the mechanic was performing and the elevator was no properly stayed or hoisted. At a minimum, the elevator should have been shut down and taken out of service while the mechanic worked.
There was also a large fire in a Bronx apartment building in which several people were treated for smoke inhalation. Our New York City fire lawyers have handled several fire cases and there are many avenues where a building owner can be liable for a fire. First, our attorneys often work with cause and origin experts to determine exactly how the fire happened and if it was because of negligence in maintenance or bad repair work. Even if the owner wasn’t at fault for the fire, they can still be held labile for code violations which played a role in the tenant being injured, such as up to date smoke detectors, self closing doors to keep fire and smoke from spreading and fire suppression.
Our Manhattan personal injury attorneys continue to monitor recent news and provide up-to-date legal analysis pertaining to claims and potential law suits arising from personal injuries.
One of New York’s most recognizable sightings are its yellow cabs, but a few recent accidents serve as a reminder that the legendary icons are as much a danger as any other vehicle on the road. On September 28 of this year a pedestrian was struck by a cab around 1 a.m., as the 26-year-old was trying to cross Pelham Parkway at White Plains Road in the Bronx. The cab driver stopped the car to help the victim and dialed 911. While they waited for the ambulance to arrive, another cab struck the pedestrian. The second driver did not stop, and it is unclear whether or not he was aware that his cab struck the victim. When the ambulance arrived, the victim was rushed to St. Barnabas Hospital, where he later died.
Just a week later, on October 6, 2014, a cab jumped a curb and injured a man on the Upper East Side of Manhattan. It is believed that the cab was trying to avoid hitting a bicycle when the driver lost control of the wheel. Luckily, the pedestrian’s injuries are not believed to be life threatening. New York City’s Taxi and Limousine Commission requires that all yellow cabs and licensed drivers carry a minimum of $100,000/$300,000 in liability insurance coverage. Thus, a single person has a maximum of $100,000 available to them whereas multiple injured persons have a maximum of $300,000 of insurance available. This applies to basic pain and suffering, whereas New York’s No-Fault Insurance system applies to basic economic loss.
An out of control box truck plowed through a crowded Queens bagel store on Wednesday, injuring six people and shattering glass and debris all over. Bagels for You, a popular store in Forest Hills, was filled with customers at 10 a.m. when the walls crashed in and a truck suddenly came crashing into the store. Amazingly, a woman in her 20s, who had been sitting with her mother and newborn child, was thrown to the back of the shop and pinned down. Officials report that the truck’s driver lost control as he was traveling down Queens Boulevard and clipped a parked car near at 73rd Road. He continued half a block, fully out of control, before plummeting into the crowded store.
More news came out this week about the tragic Metro-North derailment in the Bronx that killed four people last year. The National Transportation Safety Board reported that William Rockefeller, the conductor, sped in four out of six runs in the week before the crash. While the cause of the crash is still under investigation, Metro-North has begun implementing an aggressive speed compliance program for its drivers. As for the victims’ families likely to seek damages pursuant to wrongful death claims, the MTA has a wholly owned insurance subsidiary, a captive insurer called the First Mutual Transportation Assurance Company, which will cover part of the liability and losses stemming from the derailment. The MTA has a $50 million per-occurrence all-agency liability coverage through FMTAC, which exceeds Metro-North’s self-insured retention of $10 million per occurrence. On top of that, the MTA has $350 million in liability coverage through commercial markets.
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.
Since the passage of the Employee Retirement Insurance Security Act which is also known as ERISA and the General Obligations Law § 5-335, which is also known as the New York anti subrogation law, New York personal injury lawyers have been in a state of limbo. Erisa provides a right for certain insurance companies to recoup benefits which they have paid out for the medical expenses, however New York’s anti subrogation law states that a personal injury settlement presumptively does not include any compensation for the cost of health care services or other losses that are obligated to be paid or reimbursed by a benefit provider (such as an insurer), and that benefit providers have no “right of subrogation or reimbursement against any such settling party. In essence New York law only provides for subrogation where New York law mandates, such in the case of Workers Compensation benefits or Medicaid/Social Services claims. Certain companies including the Rawlings company have been claiming that under ERISA, they have a lien which trumps New York’s statutory no subrogation law.
In a recent decision in The Wurtz v. Rawlings Co., the Second Circuit resolved this quandry and provided clarity to New York personal injury lawyers, by holding that ERISA did not pre-empt New York’s anti-subrogation law. The Wurtz case involved some of the most active companies which attempt to secure repayment of benefits form personal injury lawsuits, namely The Rawlings Company, LLC; Oxford Health Plans (NY), Inc.; and UnitedHealth Group, Inc. These companies generally assert liens for payments made on behalf of the injured plaintiffs’ insurance plans to recover medical expenses that they had paid to plaintiffs treating physicians. Consequently these companies seek to be reimbursed by an injured Plaintiff’s recovery of funds in their personal injury lawsuits.
In reaching its holding, the Second Circuit recognized that the States are independent sovereigns in a federal system, and the Court must presume that Congress does not cavalierly pre-empt state-law causes of action. The issue turned on the definition of what is an employee benefit plan under ERISA’s terms. ERISA preempts any state law that relates to any employee benefit plan, but specifically exempts laws that law regulates insurance. The Second Circuit specifically reasoned that New York’s General Obligations Law § 5-335 relates to ERISA plans, but that New York’s law is “saved” from express preemption as a law that regulates insurance. A law “regulates insurance” under this savings clause if it (1) is specifically directed toward entities engaged in insurance, and (2) substantially affects the risk pooling arrangement between the insurer and the insured.
The Court recognized a claim objecting to an insurance company from asserting subrogation claims against an injured plaintiffs’ tort recoveries in settlement cannot be construed as colorable claims for benefits under § 502(a)(1)(B). ERISA § 502(a)(1)(B) allows a plaintiff to recover benefits due under the terms of a plan, to enforce his rights under their terms of the plan, or to clarify his rights to future benefits under the terms of the plan. However an objection to subrogation does not do any of these things. Accident victims are not claiming that they have a right to keep their tort settlements under the terms of their plans, rather, they contend that they have a right to keep their tort settlements under New York’s General Obligations Law § 5-335. Thus accident victims do not seek to “enforce” or “clarify” their rights “under the terms of their plans because the right they seek to enforce to be free from subrogation is not provided by their plans.
This holding clearly resolved that under New York law, the claim to an ERISA lien is no longer tenable.
The month of July, 2014 turned out to be a month filled with tragedy with several motorcyclists and bicyclists wrongfully killed in a string of accidents in Manhattan, New York City in Westchester.
Our Westchester truck accident attorneys were shocked to learn that yet another big rig hit an overpass in Westchester this week. The errand truck traveled onto the Hutchinson parkway and struck an overpass. In a ten year period, there are ten several spots in Westchester where semis have struck overpasses on a regular basis. A Westchester politician, in response to public outcry is submitting legislation to put height barriers on the entrance ramps to parkways to keep commercial tractor trailers from entering the parkways in the first place.
This week a motorcyclists was killed when he lost control and came into the path of of a B line bus in Westchester that was traveling towards White Plains, New York. Initial reports state that the motorcycle driver suddenly traveled into the bus’s path.
Another motorcyclist was killed in East Harlem in Manhattan when it collided with an ambulance in an intersection accident that was traveling with lights and sirens. The emergency vehicle was traveling at a high rate of speed when the accident occurred and the motorcycle rider was tragically killed when the ambulance’s wheel ran over his head. Our experienced Manhattan accident attorneys have handled numerous cases involving emergency vehicles. These cases are especially difficult and many personal injury lawyers shy away from even handling them. The reason is that since emergency vehicles who are driving with lights and sirens have a right to disregard traffic laws including passing red lights, stop signs, driving over the speed limit and even driving on the wrong side of the road. Consequently, New York’s traffic law requires that one injured by an accident with an emergency vehicle that was using lights and sirens prove that the emergency vehicle driver was reckless. Our New York injury lawyers use experts to establish that the driver deviated from accepted practices while driving through an intersection against the red light. These expert have opined that the accepted practice is for the passenger to advise the driver whether the intersection is clear to enter and if not clear, the driver should not enter the intersection.
In another tragic accident a bicyclist was critically injured in on the East Side of Manhattan in a NewYorkCityBus Accident. Under New York law, operators of buses, trucks and cars must share the road with bicyclists and exercise a proper lookout to avoid hitting them. All to often, bus drivers weave in and out of the bicycle lanes and endanger bicyclists. Our bus accident lawyers have successfully handled many serious personal injury cases.
In yet another tragedy, a three year old child drowned in a New York City day care center while the staff inattentively allowed the child to jump into the pool. This is a wrongful death that should have been avoided. Child care workers laxity can cause tragic outcomes. The child care workers are responsible to act in the manner of a reasonable parent. In other words, they have to treat our children as if they were caring for their own.
Our New York Personal Injury Lawyers and Westchester Accident Attorneys often discuss recent implications of accidents and the legal implications of them.
The last week of May, 2014 was a week filled with tragic accidents. On May 30, 2014, a school child from Yonkers fell out of a moving school bus and was injured. There is obvious fault on behalf of the school officials and bus driver who failed to monitor the situation and stop the bus when the child intentionally opened the back door.
Also a New York State Trooper was killed leaving behind a family, after he was struck in a hit and run accident. Hopefully they find the individual, but even if they don’t our experienced New York City accident attorneys who handle police line of duty cases and hit and run accidents know exactly what needs to be done in this type of situation. The family needs to immediately seek both job related benefits and uninsured/ unidentified motorist benefits. In this case, the State will likely be on the hook to compensate the family for the wrongful death of the trooper, which must be brought in the Court of Claims. Likewise, a claim with the Motor Vehicle Accident Indemnification Corp, also known as MVAIC, should be filed, out of an abundance of caution.
On May 29, 2014, a tractor trailer carrying 80,000 pounds of trash rolled over in Peekskill on Route 9 North. While only the driver was injured, had the truck driver struck another vehicle or injured someone, the trucking company would likely be liable for negligence because the most common causes of truck roll overs are driver error in taking a turn while going too fast or negligence in overloading the truck, which causes the load to shift. When a load shift happens in a commercial truck, it exerts excessive pressure to one side and can cause the trailer to shift to one side and the entire truck to roll over.
Also on May 29, 2014, a Staten Island rapid transit train derailed and hit a bumper at Arthur Kill Road and Bentley Street. Train derailments are always the result of either conductor error in operating the train at an excessive speed or in track maintenance, or occasionally a foreign object being placed on the track. It is interesting that several workers were injured in this accident and in the context of railroads, whether an employee is covered under F.E.L.A., depends on whether the train was an intra-state carrier or an interstate carrier or a connection thereto. For example, New York City subway workers cannot sue their employers for train accidents, but Metro-North, Amtrak and Long Island Rail Road workers can.
In Rikers Island, there was an obvious wrongful death when an inmate died from heat stroke, in a cell which was 101 degrees back in 2010. The guard was finally disciplined for leaving her post that terrible day. Correctional institutes in New York have a responsibility to care for the safety of those inmates in their charge and can be held liable for negligence. Likewise, this would certainly be a federal civil rights violation of either the Eight Amendments’ cruel and unusual punishment clause or the Fourth Amendment’s unlawful seizure clause or the Fourteenth Amendments’ right to life and liberty and due process clauses. Our New York attorneys have extensive experience in litigating Federal Civil Rights cases under 42 U.S.C. § 1983, including for abuses in Riker’s Island.
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