Author Archives: Site Administrator
Plaintiff Fractures Wrist while Defendants Point Fingers
When a worker is injured on the job due to a violation of New York Labor Law, someone other than the worker may be liable for the damages caused. But determining who that “someone” is can be complicated matter, and the potential “someones” often go to great lengths to make sure the responsible “someone”… Read More »
New York Labor Law and the Slippery Notion of Notice for Negligence Claims
When somebody slips and falls or otherwise sustains an injury due to a dangerous condition on another’s property, a crucial question regarding the property owner’s liability is often whether the owner had notice of the dangerous condition but failed to take adequate steps within a reasonable time to prevent injury, such as by fixing… Read More »
Stay on Top of Drug and Product Safety
The ability of the Internet to quickly deliver information can be a lifesaver when it comes to keeping yourself and your household safe from dangerous and defective drugs, medical devices, and consumer products. Here are some of the websites that can help you stay on top of drug and product safety and hopefully prevent… Read More »
Broken Pills and NanoKnives – Just the Latest on the Recall Front
Drug manufacturer Novartis has issued a voluntary recall of several bottles of many of its over-the-counter medications, including Bufferin, Excedrin, Gas-X and NoDoz. Not only may some of the pills be chipped or broken, but the medicines may be mixed with other medicines that do not belong in the bottle. If you have any… Read More »
Height is Not the Issue in Construction Injuries Caused by Falling Objects
In McAllister v. Phoenix Constructors, JV, decided on November 28, 2011, the Supreme Court, New York County held the contractor and the Port Authority liable in a New York City subway construction accident for failing to provide a mechanical hoist to protect a worker who was injured when he slipped while manually hoisting a… Read More »
Failure to Provide Safety Devices Violates New York Labor Law
In a recent New York City construction accident case, the Supreme Court, New York County, held that the failure to provide safety devices is a per se violation of New York Labor Law section 240 (1). Section 240 covers scaffolding and other devices for use of employees, and 240 (1) specifically requires contractors and… Read More »
Court Says What a “Floor” is and Sheds Light on “Foreign Substances”
Amidst all the laws and rules and regulations overflowing with complex, technical language, don’t you sometimes wish the court would just pick up a dictionary and decide that words should just be given their plain, everyday meaning? Well, sometimes judges agree, as the following recent construction injury case illustrates. In the case of McAllister… Read More »
Court Says It’s Okay to See a Doctor for Medical Treatment
The Court of Appeals of New York, in a slip opinion issued November 22, 2011, spoke out in favor of the stunning proposition that it’s okay if your doctor is more interested in treating you than in preparing your personal injury case for litigation. The court’s decision in Perl v. Meher combines three separate… Read More »
Ladder Fall is a Covered Injury During Repair, But Not Routine Maintenance
The New York Supreme Court, New York County, issued a decision on October 18, 2011 that points up the complicated factual issues that must be addressed and argued in an on-the-job injury. In the case, Musso v. Max Capital Management Corp., the plaintiff fell off a ladder while replacing a ceiling tile in an… Read More »
New York Labor Law and the Law of Gravity
Ever since the New York Court of Appeals case of Misseritti v. Mark IV Constr. Co. in 1995, some New York courts have believed that a worker who is injured by a falling object cannot recover when the base of the falling object was at the same level as the worker. The Court of… Read More »
