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New York Personal Injury Law Blog

New York's Scaffold Law impacts the construction industry

New York is a unique state with many unusual laws. But one point of uniqueness, Labor Law 240, is the subject of much controversy.

This law, which is also known as the Scaffold Law, places absolute liability on construction employers and property owners when a worker is injured in a gravity-related accident (fall from elevation). While the law is meant to protect workers, some say it reduces construction jobs and inhibits safety reforms.

Teen dies in New York accident after car hits house

Drivers should always remain focused and cautious when behind the wheel. Unfortunately, many drivers fail to take such care, and as a result, crashes often take place. When a serious accident occurs, it is not unusual for injuries or fatalities to happen. These outcomes can have major effects on people's lives, and they may feel the need to take legal action as a result.

The family of one individual may be considering their legal options after a recent crash in New York. Reports stated that a vehicle carrying four occupants was traveling at a high rate of speed when the driver attempted to make a right turn. However, the driver was unable to keep the vehicle on the roadway and crashed through a sign, hit a tree and smashed into a house. 

Property conditions that lead to death may warrant legal claims

After the passing of a loved one, it may take some time for surviving family members to get their affairs in order. Depending on the nature of the death, some situations may warrant civil legal action. For instance, if a family believe that their loved one died due to negligence on the part of a property owner, they may wish to file a premises liability claim.

New York residents may be interested in a claim that was recently filed in another state. Reports indicated that the family of a man who died at a professional football game last year have filed their lawsuit against the owner of the stadium where the incident occurred, as well as other parties. Apparently, the man was attempting to leave the stadium when he fell from a fire escape staircase. He suffered injuries in the incident that proved fatal.

Things to consider when choosing a rehabilitation center

Hearing that a loved one has been in an accident is difficult. Learning that the person is paralyzed or has other limitations because of a spinal cord injury turns a difficult situation into a tragic one. You may need to help your loved one find a rehabilitation center that will help him or her learn to adapt to the injury and re-learn certain life skills.

Choosing a rehabilitation center should not be a hasty or off-hand decision. Here are a few important considerations to help with this important choice:

Premises liability: Hotel sued for handling of shooting

Recently, New York residents and people around the world learned of the horrific mass shooting that occurred at a country music festival. More than 58 people were killed and hundreds more were injured. Although the investigation of the shooting are far from being finalized, premises liability lawsuits are already being filed in civil court against the hotel and concert owner.

One of the lawsuits filed is by a college senior. She is a surviving victim and is seeking compensation of approximately $15,000 to cover her medical bills. A bullet from the alleged shooter struck her below her right arm, passed through her breast tissue and part of her liver.

Car accident leaves multiple people injured in New York

Many people may panic when an unexpected event takes place. This reaction is often not unwarranted as it can be difficult to understand what is happening at the time. When a car accident occurs and innocent bystanders suffer injuries, it is understandable for victims and other individuals alike to want to know more about how the incident happened.

Parties in New York may be looking to better understand a crash that recently took place. Reports stated that a commercial van went over a curb and hit multiple pedestrians. One witness stated that she feared it was a terrorist attack, and many others in the area also began to panic. However, the driver of the van told police that the floor mat got lodged on top of the gas pedal, which led to the accident.

Duty of care is a critical element of medical malpractice claims

The actions of a doctor can help -- or sometimes hurt -- a person. When a patient is harmed, he or she may be entitled to compensation for the damages suffered if the doctor was negligent.

Two important questions will come up in a medical malpractice case. (1) Did the physician have a duty of care to the patient? (2) If so, did the physician meet the standard of care. These concepts are discussed in more detail below. If you think you might have a medical malpractice lawsuit, talk to an attorney who can determine if you have grounds to sue the doctor and/or the medical facility.

The severity of brain injuries varies considerably

Various types of accidents can lead to a brain injury. Whether you were struck in the head by a falling object, involved in a slip-and-fall accident, struck by a vehicle or in any other accident, you should be aware of some basic points regarding brain injuries so you can keep an eye out for possible symptoms.

You should remember that not all brain injuries come from a direct hit to the head. It is possible to suffer a brain injury that is caused by the brain moving back and forth in a violent manner, as in a car accident. Here are some things you should know about brain injuries.

New York bicycle accident leaves man in critical condition

Bicycling allows many individuals to have a relatively cheap mode of transportation that also allows them to get exercise. Additionally, many people also simply enjoy bicycling as a way to get some fresh air in a recreational capacity. Unfortunately, bicycles provide little protection in the event that an accident takes place, and it is not uncommon for serious injuries to result.

One man in New York was recently injured in this type of incident. Reports stated that he was bicycling at approximately 7 a.m. when he was hit by a vehicle. During the initial investigation, authorities thought the vehicle involved was a taxi, but it does not appear that the vehicle was registered with the NYC Taxi and Limousine Commission. It was noted that the driver stayed at the scene.

When medical professionals breach the accepted standard of care

By law and by professional oath, physicians have a duty to provide competent medical advice and treatment. A mistake or lapse can be fatal or life-changing. In a medical malpractice lawsuit, doctors are not judged by whether they are perfect. They are judged by whether they deviated from the “standard of care” owed to the patient.

If the lawsuit goes to trial – as is often the case with medical malpractice – other medical professionals are called upon to testify whether the doctor breached that trust and provided substandard medical care. The standard of care varies with the situation, but it can be defined.

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