Author Archives: Site Administrator
Claim against Driver in Three-Car Pileup Moves Forward
Rear-end crashes in New York are presumed to be the fault of the rear driver. By that same logic, when a New York crash involves three cars, the rear-most driver is assumed to be responsible for the chain-reaction crash. That said, courts will not ignore evidence that a front or middle car involved in… Read More »
Court of Appeals Makes It Simpler for Injured Plaintiffs to Prove Liability of Defendant
Succeeding on a personal injury claim for damages against a large, wealthy defendant isn’t simple. To make matters worse, some plaintiffs are forced to try and prove a negative by showing that they were not themselves negligent in causing their injuries while also proving that a defendant was responsible for those injuries. Now, a… Read More »
NYCTA’s Attempt to Dismiss Claims of Injured Passenger Denied
In a claim that recently came before the Second Department of the New York Appellate Division (including Queens, Kings, Richmond, Nassau & Suffolk counties), the judges refused to dismiss the personal injury lawsuit filed by a bus passenger who was thrown to the ground by a sudden and abrupt stop. Read more about the… Read More »
New York Court Considers whether Trip Caused by “Trivial Defect”
The State of New York allows for victims of trip-and-fall accidents to seek damages from property owners when hazardous conditions on the owner’s property caused the victim’s fall. However, there are certain types of hazards for which a court won’t find a property owner liable, even when they resulted in injuries to a visitor…. Read More »
Victims of Medical Malpractice in New York Granted More Time to File Lawsuits under New Law
After months of negotiation between the state legislature and governor’s office, New York Governor Andrew Cuomo has recently signed into law a bill that provides more time for medical malpractice victims to pursue a claim for damages against the medical professionals and facilities responsible for their injuries. The legislation, known as “Lavern’s Law,” was… Read More »
New York Worker Dies when Caught Between Forklift and Truck
A local man has recently been killed on a Brooklyn construction site. The incident was an example of a deadly caught-between accident, one of the most common causes of deadly accidents on construction sites nationwide. Learn more about the recent accident below, and contact a Manhattan construction accident attorney if you’ve been hurt on… Read More »
Study Finds Drowsy Driving a Major Factor in Crashes
The phrase “drowsy driving” does not elicit the same amount of outrage as do other terms describing irresponsible driving behaviors, such as “drunk driving” or “texting and driving.” According to recent research, that should change. A new report from the AAA Foundation for Traffic Safety shows that drowsy driving appears to play a role… Read More »
Court Finds Liability for Property Owners after Workers Injured when Falling Through Floor
Two injured workers have succeeded in a motion for partial summary judgment for injuries they suffered after falling through a floor while working on a Manhattan construction project. The Kings County judge overseeing the case also denied a motion by defendants to dismiss the injured plaintiffs’ claims, in the case titled Leon v. East… Read More »
Study Reveals Increase in Crash Risk from Phone Use while Driving
As the rates of fatal accidents on US roads continue to climb, many experts assert that the culprit is the ubiquitous use of mobile phones by drivers. A recently-released study sought to uncover just how much drivers increased their risk of a crash by either talking or texting while driving by studying video footage… Read More »
Court Rules that Written Notice of a Pothole Isn’t Necessary where the City Created the Pothole
A case recently before the First Department (Manhattan and the Bronx) of the New York Appellate Division asked the court to rule on whether the City of New York was required to consider a claim for injuries caused by a pothole if the City didn’t receive written notice in advance. The Appellate Division ruled… Read More »