Tag Archives: personal injury
Can Housemates be Liable for a Co-tenant’s Dog Attack?
When a dog bites or attacks a person, the dog’s owner is strictly liable for the damages caused if the owner knew or should have known about the animal’s vicious propensity. What about other people who live in the same house but do not own the dog? Can they ever be held liable for… Read More »
Officer Injured in Scuffle Sues Arrestee but Has Case Dismissed
Police officers can be injured in the line of duty in many ways, including when having to physically subdue a suspect who is violently resisting arrest. In most cases, the officer cannot sue another party for an injury which occurs while performing police duties, such as an injury suffered while making a lawful arrest…. Read More »
An Open and Obvious Danger May Still Be a Trap for the Unwary
Property owners can be held liable for injuries caused by dangerous conditions on their property, such as a hole in the ground that somebody could step into and then trip and fall. Generally, the property owner can avoid liability if the dangerous condition is readily observable by people “employing the reasonable use of their… Read More »
Negligence v. Strict Liability: Another Chapter in the Continuing Saga of New York Dog Bite Law
In April of 2013, we reported on the case of a bicyclist who was injured in Central Park when a dog ran into his path (see Man on Bike Collides with Dog Running Free Across Central Park Roadway, posted April 18, 2013 ). The cyclist sued the man who was holding the dog for… Read More »
Where Notice of Claim is Required, Late Notice & Typos Can Jeopardize Your Civil Lawsuit
In Lastihenos v. The Town of North Hempstead, a woman fell and was injured while walking on a sidewalk near Mitch & Toni’s American Bistro in Albertson, NY. In late November 2012, she served notices of claim to the Town of Hempstead and Nassau County. In December 2012, the plaintiff served a notice of… Read More »
Homeowner Accused of Labor Law Violations is Exempt from Liability
In the case of Batzin v. Ferrone, the plaintiff sued after he was injured while renovating the defendant’s East Hampton home. The plaintiff brought claims against the property owner under common law negligence, New York Labor Law Sections 200, 240(1) and 241(6) and New York State Industrial Code. The defendant moved for summary judgment… Read More »
New York Scaffold Safety Law Under Attack in Legislature
New York’s so-called scaffold law protects construction workers from the hazards of working on heights and applies to ladder falls as well as scaffolds or any elevation-related accident. The scaffold law can be found in several sections of the New York Labor Code, such as sections 240, 241, and 241A. These provisions apply to… Read More »
Drunk Driving Leads to Death of Nassau County Police Officer
James Ryan, a young man of 25, was arrested for manslaughter in the death of a police officer that arose out of a drunk driving incident on the Long Island Expressway on November 23rd. Ryan had been involved in two vehicle collisions, striking a BMW and later a Honda Civic, before coming to rest… Read More »
