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New York Personal Injury Law Blog

City life is risky enough for children. Play shouldn't be

Apartment living might not be the norm in New York City, but it is certainly big business. One of the largest players in the market is the New York City Housing Authority. By its own information, NYCHA shelters 1 in 14 New Yorkers in its public housing. A lot of them are families living in large apartment complexes.

It is a credit to the authorities that many of these projects include on-site playground equipment. But such equipment is only as good as its maintenance, and while NYCHA enjoys some exemption from the rules and regulations that apply to private landlords, it still has an obligation to provide safe facilities. When the agency fails, legal action can follow. And based on some recent news reports, it appears NYCHA could see itself facing a growing number of claims.

Beyond workers’ comp: third-party liability for work accidents

Construction workers typically cannot sue their employers if they are injured on the job. But you can sue outside your chain of employment.

New York has a special law which holds property owners responsible for work accidents involving scaffolding, ladders and heights. Depending on the circumstances, equipment manufacturers or contractors on the same work site may also be subject to personal injury lawsuits.

Bike accident reconstruction is trickier than a car vs. car crash

When there is dispute about the facts of a crash, sometimes it is necessary to “reconstruct” the scene and the events leading up to impact.

But a bicycle accident is different than a collision involving two vehicles. Accident reconstruction may be more important and more difficult in these cases, especially when the bike rider is killed or suffers major injuries.

Doorway chin-up bars have been linked to serious injury

Whether you are training to be the next American Ninja Warrior or just staying in shape, beware of so-called "no-attachment" pull-up bars.

These home exercise "as seen on TV" devices are potentially dangerous. Their key selling point - that they can instantly turn any doorway into a home gym - is also a potential flaw. Under certain circumstances these pull-up bars can dislodge from the door frame, sending you crashing to the floor.

Air bag claims expand to include carmakers

New York readers know it can be hazardous on the streets of the city. Crime isn't the only concern. Cars and trucks are everywhere, sometimes navigating narrow streets. So are pedestrians. And while the weather might not be currently conducive to biking, cyclists can be found. Wherever the people involved in these activities intersect, there is a risk of injury.

One does not generally consider the inside of the vehicle a place of threat, but that, too, has changed. Safety air bags in many cars and trucks now pose a danger as explosive devices that can maim or kill, just at the time when it should be protecting lives. The issue, of course, is Takata air bags that might explode with too much force in even minor collisions, sending metal shards into the interiors of vehicles.

Staying safe in this week of foul NYC winter weather

Just days ago, New York suffered through one severe nor'easter. The storm called Riley knocked down trees and took out power to tens of thousands of across the region. It also claimed at least one life, officials say. Riley cleanup is incomplete and now comes another onslaught in the form of Winter Storm Quinn.

Deep snow is predicted starting later this week. That means that any drivers or pedestrians venturing out have reason to be particularly careful. Plows will be out, raising the risk of injuries due to negligence or carelessness by drivers. Those on foot should be aware that while property owners have an obligation to ensure their premises are safe, keeping up with the storm will be a challenge - even for the most attentive of landlords.

Homeowners' association held liable for swing set injury

Jury awarded $20 million verdict against HOA

A jury in Nevada has held a homeowner's association accountable for a playground accident that left a teenager with permanent brain damage. The plaintiff was awarded $20 million.

It was one of the largest premises liability awards ever in Nevada. If the verdict stands, the homeowners may have to pay the difference. 

DWI suspected in New York fatal accident

Though car accidents happen every day, they can impact each person differently. From minor bruises to losing loved ones, the outcomes can vary dramatically. If driving under the influence caused an accident that led to someone's death, that driver could face serious criminal consequences. Additionally, the family of the victim could have legal options for pursuing a civil claim.

One family in New York and two other individuals may be considering their legal options after a recent accident. Reports stated that a speeding driver was traveling north on Bronx Boulevard in an SUV when he struck a car that was attempting to make a left turn onto the same street. This crash caused the car to collide with a southbound vehicle, and the SUV struck two parked vehicles.

Despite human error, technology could have prevented Amtrak crash

The initial investigation into the deadly train crash in South Carolina indicates that railroad company CSX is at fault. A switch on the tracks was locked in the wrong position, diverting the Amtrak passenger train into a parked CSX train.

Two Amtrak employees were killed and more than 100 passengers and crew members suffered injuries. Adding to the tragedy, federal officials say available safety technology – whose implementation has been postponed – would have prevented the derailment. 

Woman files lawsuit for injuries after fall outside restaurant

There is a considerable potential for individuals to become injured on other people's property. Whether it is a neighbor's yard or the parking lot of a chain store, property owners and operators are responsible for handling potentially hazardous conditions. If individuals do suffer serious injuries on someone's property, they may have reason to file legal claims for compensation.

New York residents may be interested in such a claim that was recently filed in another state. Reports indicated that a woman suffered injuries after falling on the sidewalk outside an Olive Garden restaurant. She claims that the rocks lining the sidewalk were uneven, and as a result, her foot got caught on one of the rocks. This incident led her to fall to the ground.

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