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New York Personal Injury Law Blog

Striking the right balance on hot water temperature is crucial

Taking a comfortable shower or bath should be easy, even if you happen to live in a multi-resident apartment building. New York law seeks to make that possible by requiring landlords to keep hot water at a minimum temperature of 120 degrees Fahrenheit at all times.

Cold water can be added to make the temperature more tolerable, but according to one gauge, a person might potentially be able to endure a straight shower at 120 without suffering serious burns, as long as it lasts no more than five minutes. Unfortunately, most apartment dwellers have no control over the hot water settings in their units. And even if you are able to get the settings just right, the flush of a toilet in another unit can cause the water to spike hot in a flash.

Are you confident in your child's 'back-to-school' safety?

Nothing is more precious than our children. Loving parents do all they can to ensure they stay safe at home, but at some point, most children go off to school and very often into day care settings. Are you confident that the facilities your child will be in when he or she is not in your direct care are safe – at least by government standards if not your own?

As it happens, New York City is recognized by many as being ahead of much of the rest of the country in terms of rules and regulations for child care providers to follow to ensure the safety of those in their charge. Of course, rules on the books can't guarantee compliance. If a child care facility eliminates known hazards, it can violate child-adult ratio rules or something else. Injuries can still happen and pursuit of just compensation may require consulting with an attorney.

Seriousness of car-bicycle crash injury not always clear

Collisions between bicyclists and motor vehicles are not rare in New York City. The numbers of cyclists on the streets of the city's boroughs seems to be on an ever-steady incline, which only increases the risk of dangerous encounters. When a person on a bike is hurt due to negligence of another driver, they deserve to know that seeking compensation is their right and that a skilled attorney can help.

In some circumstances, obtaining the relief that is due can be difficult. If the driver of the vehicle flees the scene after the crash, chances of holding that person accountable lessen. But that does not mean it is impossible. A story out of Queens earlier this month serves as a case in point.

How dangerous is heading in soccer?

Soccer is one of the most popular sports. 265 million individuals play the sport around the globe, but are the consequences to using your head on the field?

Performing a "header" in soccer is a common technique where players control the ball using their head. FIFA does not require soccer players to wear protective gear on their heads, which some say may be cause for concern. Researchers suggest that this method could be causing brain injuries, especially in younger players and women.

Is your loved one's nursing home dangerously understaffed?

Many nursing homes inflated their reporting

It wasn't your imagination that your loved one's nursing home seemed short-staffed. Especially if you visited on a weekend.

New federal data shows that U.S. nursing homes for years have exaggerated the number of nurses and aides. The findings support lawsuits against care facilities for falls, bedsores, malnourishment, abuse and other bad things that happen to elder care residents in understaffed facilities.

Lead poisoning: A hidden hazard for unwary New York renters

How many apartments in New York carry the threat of possible lead exposure to occupants? No one has a solid number. What we do know, because the city recently admitted as much, is that at least 820 young children living in units controlled by the public Housing Authority tested positive for lead in their blood between 2012 and 2016. We also know that the presumption under law is that any building in the city built before 1960 had lead paint, and a major portion of local housing fits that description.

Another provision in the law requires building owners to inform tenants of any known lead paint hazards. And owners of buildings built before 1978 that have three or more units must conduct annual tenant surveys to identify potential problems. If any apartment's occupants are children under the age of six, landlords must remediate any lead hazards. If that doesn't happen and a child develops lead poisoning, a landlord could be liable under a negligence claim.

Speed Week Is Here

Two years ago this month, New York saw a record high number of speed-related car accident fatalities. One year later, state officials announced a Speed Week enforcement campaign. Speed Week is a statewide effort to crack down on one of the most widespread forms of unsafe driving. During last year's campaign, police issued at least 21,000 tickets. While not all of those tickets were for speeding, it is usually a safe bet that the majority of traffic enforcement efforts are geared toward stopping this behavior.

The Many Faces Of Aggressive Driving

Defective Medical Devices In The Limelight

Netflix is now showing a new documentary which might qualify for some as a horror film. The movie, entitled The Bleeding Edge, takes a closer look at the medical device industry. Medical devices can include anything from birth control implants, to knee and hip replacements, to pacemakers. The documentary is not comforting to anyone who has, or is considering getting an implant of any kind to improve their health.

Regulation And Its Limitations

Drive Like Somebody Is Watching

Red light cameras are about as popular as gum disease, but their supporters believe that the devices promote safety. Recent research calls that belief into question, though the data was collected in Texas where driving conditions are somewhat different. The issue is important as NYC's authority to use speed and red light cameras in school zones lapsed on July 25.

The study identified a phenomenon that turned the potential safety gains of the cameras into a loss. Drivers quickly became aware of which intersections were equipped with red light cameras. When drivers saw the light go yellow at one of these intersections, they were more likely to brake harder to avoid a ticket. That hard braking led to an increase in accidents and injuries involving rear-end collisions. These types of accidents are arguably less likely to lead to a fatality, but they were still more than enough to offset the reduction of accidents involving people racing through the intersection after the light went red.

Just injury compensation depends on naming the right defendant

The story of the death of a vulnerable young man is what draws our attention today. The details of what happened in this case offer a view into the possible challenges one can face when trying to assess whether circumstances that caused injury or a loved one's death are sufficient to support making a claim for compensation.

The death happened nearly a year ago and in a state outside the tri-state area. Only recently were criminal charges entered in the matter, and no conviction has been obtained. But upon reading about the case, certain questions regarding extent of possible liability come to mind.

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