Author Archives: Site Administrator
City Avoids Liability to Injured Children when Victims Cannot Prove that the City Owed a Duty
Successful lawsuits based on negligence require that victims prove three essential elements: a duty, a breach of duty, and an injury. This is, of course, a highly simplified summary of how plaintiffs prove liability, with each of these factors having additional sub-elements, but without proving one of these factors, a claim won’t survive. Each… Read More »
New York Comes in Near the Bottom of Nationwide Hospital Safety Ratings
If you need to have a surgical procedure or undergo lengthy treatment for a serious illness, you want to feel confident that the hospital you choose will provide safe and effective treatment. Many prospective patients look at objective third-party ratings of hospitals to find out whether the facility they plan to use has a… Read More »
Understanding New York Labor Laws 240 and 241
A New York construction worker recently won the liability portion of his lawsuit after being injured at a construction site. New York has several special protections for construction workers that allow employees to recover for injuries that occur on the job, including New York Labor Law § 240. Section 240 requires contractors to install… Read More »
Accident on Manhattan Building Site Leaves Security Guard Fatally Injured
A recent accident has led to a halt on construction of what is intended to be the second-tallest skyscraper in the country. Read on to learn more about the incident, and contact a seasoned New York construction accident lawyer with any additional questions. Falling glass injures security guard and worker The fatal accident occurred… Read More »
Court Refuses to Dismiss Claim of Man Injured while Escaping Stopped Elevator
A claim recently before the Supreme Court of Westchester County forced the court to determine whether a man injured while escaping from a stopped elevator acted reasonably by getting out of the elevator instead of waiting for help to arrive. Read on to learn about the case of Senior v. Elevator Refurbishing Corp., and… Read More »
Claims of Man Injured in Elevator Shaft Fall Move Forward
A New York man’s claims based on injuries he suffered on the job at a Manhattan construction site will now move forward toward trial after defendants’ motions to have his claims dismissed were denied by the court. The injury victim, who also filed a motion to have liability determined ahead of trial in his… Read More »
Claim against Physician’s Assistant Based on Botched Spinal Surgery Dismissed
Doctors aren’t the only medical professionals who can face malpractice claims based on poorly-executed medical care or procedures. Nurses, physician’s assistants, and other hospital staff are also held to a legal standard of providing patient care that meets the standard for medical care in their field, and they may be financially liable when that… Read More »
New York City Department of Buildings Finalizes Training Requirements for City’s Construction Workers
Two months after the law entered into effect, the NYC Department of Buildings has announced the finalized version of a law mandating training for the city’s construction workers. Read on to learn more about the new law and what it means for those working in New York’s construction industry, and contact a seasoned Manhattan… Read More »
Appellate Division Outlines Limits of Protections Afforded Workers under New York’s Scaffold Law
In a recent Appellate Division opinion, Garbett v. Wappingers Central School District, the court ruled that an injured worker’s claims based on injuries suffered from a falling boiler component did not clearly fall under the protections of New York’s scaffold law, Labor Law § 240(1). Nevertheless, the judges, based in the Second Department and… Read More »
Texting Behind the Wheel Grows, despite Laws and Dangers
Texting and driving has been blamed by many experts as the reason for the rise in roadway deaths in recent years. Many states have responded to the threat of distracted driving by enacting laws that make it illegal to text or otherwise use a cell phone while driving. Unfortunately, neither safety warnings nor laws… Read More »