New York Injury Lawyer Blog

When you go to a city park, you expect that the park is maintained and safe for your use. If someone negligently maintains property in New York, it is important to have an experienced New York injury injury attorney advocating for you.

Seabolt v. County of Albemarle is a recent premise liability case out of Virginia. This case deals with the duty owed by your state and local governments to maintain your local parks. Also, this case discusses the potential defense of local or state government in their claim of sovereign immunity.

Sovereign immunity is a type of protection created by statute to protect states or local governments from civil and sometimes criminal liability. Where a government entity enters a claim for sovereign immunity, the court loses its power to hear the case and bind the parties to its decision. This immunity has been limited in the United States through the adaptation of the Federal Tort Claim Act. This Act allows the imposition of liability on a government entity where this entity employs someone who committed a civil wrong while acting in the scope of their employment, causing injury to another person. Each state has adopted this Act to some degree by creating individual state tort claims acts.

Seabolt (plaintiff) argued that there was a waiver to the immunity granted to county governments in this case. This argument was hinged on the state statute that says that a county operating a park, playground or recreational facility is liable for damages caused by the gross negligence of the county's officers or agents. See Virginia Code §15.2-1809.

The County of Albemarle (County) countered this argument claiming that the statute plaintiff relied on was only a waiver applicable to cities and towns, not counties. In other words, the County stated that cities and towns operating a park where its employee acted grossly negligent can be held liable for the employee's civil wrong; however, a County government could not be held liable under this same statutory provision.

Through a detailed observation of the statute, the court found that the Virginia provision states that Virginia cities or towns cannot be found liable for the civil wrong of an employee but it could be found liable for the damages resulting from its employee's gross negligence in maintaining the property. This immunity from civil liability was imputed on counties.

In order to apply the statute to the case, it was noted that there is a distinction between negligence and gross negligence. Gross negligence is where the negligent conduct or omission by a government employee was so egregious or careless. Additionally, the court looked to precedent and found that it has been a general practice of the courts in Virginia to find that a county can only sue or be sued in cases relating to contract disputes.

Because there was no state provision allowing for a lawsuit to be filed against a county for simple negligence, this court found in favor of the county and the plaintiff was unable to obtain the damages she sought.

Continue reading "Seabolt v. County of Albemarle Analyzes Government Immunity in New York Premise Liability Cases" »

When you are involved in a New York personal injury case, it is crucial to provide the court with evidence of your claim in your original papers of suit. Our New York injury attorneys understand the importance of detailed and complete filings in your New York injury lawsuit.

Gomez v. Stop Shop is a factually basic case; however, it discusses the issue of summary judgments. Where there is no liability question that could be clarified through litigation, the court is well within its discretion in entering a summary judgment.

A summary judgment is when a judge enters a verdict for one party without having a full trial. The most common time this occurs in claims is when the judge cannot find any genuine and material dispute as to the facts of the case.

The case at hand arose when Gomez was in the Stop and Shop supermarket with his wife. He asserts that he began to feel strange sensations in his right foot. These sensations made the plaintiff unable to lift his right foot. This caused him to lose balance and fall in one of the aisles of the supermarket. As a result of this fall, the plaintiff sustained a fractured hip in addition to other minor injuries.

Plaintiff sued the defendant claiming that the defendant negligently maintained the premises because there was a sticky foreign substance on the floor which caused the plaintiffs to fall. The defendant denied this contention and filed a motion for summary judgment.

The court in this case discusses the importance of evidentiary proof in all claims. There were no witnesses identified as having seen the plaintiff fall. There were also no witnesses that observed anything wrong with the floor. Furthermore, no one was identified as having seen any foreign substance on the floor where the plaintiff had fallen.

Now this is applicable to New York slip and fall cases as it discusses the required evidence in a premise liability case. The judge in Gomez found that in order for the defendant to be liable for negligently maintaining the premises, the plaintiff had to prove that the defendant should have reasonably foreseen the existence of the dangerous substance on the floor.

Because the plaintiff failed to provide any evidence that the defendant could have foreseen any dangerous condition on the floor, and he even failed to provide any evidence that there really was a foreign substance on the floor, the court entered a judgment for the defendant.

The judge entered judgment for the defendant without hearing the case because the plaintiff failed to present sufficient proof in his court motions. Instead procedure dictates that when a party files a motion for summary judgment, the judge is required to evaluate all of the facts produced in the parties court papers, resolve all evidentiary conflicts, and infer any reasonable conclusions.

In this instance the judge found that there was no duty placed on the defendant in terms of premise liability because there was no proof that the defendant should have or even could have foreseen this injury to the plaintiff.

Summary judgments are very common where the plaintiff fails to prove that there is a genuine dispute as to material facts of the case. It is for the purpose of judicial efficiency that judges are allowed to enter these judgments.

Presenting your case correctly from the beginning, can be the difference between whether you win or lose.

Continue reading "Gomez v. Stop Shop: Summary Judgment and How it Can Affect Your Personal Injury Claim" »

Family members planning to visit loved ones in a nursing home this holiday season should pay special attention to how residents are being treated. Staff members may be on their best behavior, but it shouldn't stop you from taking notice of signs of neglect or abuse at New York City nursing homes or elsewhere that you may be visiting.

Staff lay-offs due to budgetary constraints at long-term care facilities have New York nursing home abuse and neglect attorneys concerned about more cases of patients or residents being mistreated. Older people are easy targets, so staff may behave inappropriately when they are forced to work longer hours or take on more responsibilities.

A recent accident involving a resident at a Queens nursing home ended tragically. Justice News Flash reports a resident in a wheelchair fell down a flight of stairs and died from injuries. Police investigators are trying to determine if there was inappropriate behavior or whether it was an accident. Even if no one pushed the resident down the stairs, there could be negligence found on behalf of the staff on duty at the time. There are a set of doors that leads to the staircase that are supposed to be locked and can only be opened by the use of an employee code. The doors were allegedly left open, which could have led to the fatal accident. Nursing home administrators and police officials are conducting an investigation.

Staten Island Live reports of a separate nursing home abuse incident when a disabled patient was allegedly hit on the head numerous times by an aide. The incident was made worse when a supervisor allegedly attempted to cover up the incident. Both employees were fired but the nursing home has not been cited for any violations as a result of the misconduct. The two employees pleaded guilty to being in willful violation of public health law.

Nursing home residents who are victims of abuse or neglect may be too scared or unable to communicate what is happening to them. It is important that loved ones look for signs that indicate patients or residents are being mistreated.

Signs or symptoms of abuse or neglect at nursing homes:

-Inexplicable bruising, rashes, lacerations, broken bones or other injuries that can be caused by assault, battery or violence.

-Medical staff unable to answer direct questions when asked about a patient's conditions.

-Residents appear dirty. Hair not being washed or combed, dirty clothes, and strong body odor are indicators that a patient is not being hygienically taken care of.

-Noticeable change in personality. Mood swings or irritability can be strong indicators that something is going on.

-Patients suddenly seem drugged or over-medicated and unable to respond to visitors.

-Employees appear to be short-tempered or rough when attending to patients.

Family members are encouraged to visit loved ones often even beyond the holidays to make sure they are receiving the best possible care.

Continue reading "Visiting Loved Ones at New York Nursing Homes Can Reduce the Risk of Elderly Abuse and Neglect" »

Thousands of New Yorkers use escalators or elevators every day whether going to and from home, work, school and government buildings, for instance. This time of year you're probably sharing elevators and escalators with shoppers at the mall.

New York City Department of Buildings supervises more than 63,000 escalators and elevators. On average, these slow-moving apparatuses make about 500 trips daily. New York City escalator and elevator accident attorneys know that with roughly 30 million trips daily, the risk of serious injury increases when the devices are not maintained or they become overcrowded.

We want to remind New Yorkers who are injured in an elevator or escalator accident in Manhattan, Queens or elsewhere that they should consider taking steps to hold property owners accountable. Owners or managers of office buildings, shopping malls, hotels, school buildings and housing facilities among others have an obligation to make sure the moving devices are working properly in an effort to prevent injuries.

An elevator or escalator may suddenly malfunction causing it to stop because of a faulty pulley system, wiring or door operation. These malfunctions may cause riders to fall, which can lead to head trauma, internal bleeding, broken bones, or severe cuts and lacerations. Stepping into an empty elevator shaft or getting clothing or other items stuck in an escalator are other common causes of injury.

Elevator and escalator operators and owners are required to have the moving apparatuses inspected five times every two years. Three of the inspections are performed by the NYC Building Department and two are conducted by private inspection agencies. Once the inspection is complete, a copy needs to be posted on the escalator or elevator or kept in the building owner's office.

The Department of Buildings spent a week in November educating children in schools throughout the five boroughs about the dangers and how to stay safe while riding on escalators and elevators. Brooklyn Daily Eagle reports children spent the week learning about and discussing the following safety tips:

-Step carefully when entering or exiting an elevator or escalator. Be careful that the steps or floor is level before you step.

-If you are riding in an elevator and it gets stuck, push the emergency button and wait for help to arrive.

-Closed elevator doors should never be forced open with your fingers or other body parts.

-Always face forward and hold on to the handrail while riding a moving escalator.

-Don't stand between the open doors of an elevator or attempt to stop them from closing automatically. If the doors begin to close, wait for the next elevator to arrive.

-Keep your hands away from the sides of an escalator below the handrails.

-Do not run up or down an escalator or jump around inside an elevator.

-Keep loose clothing, shoelaces, backpacks, or cords from electronic devices like iPods from catching in an elevator door or escalator step.

Continue reading "Keep Safety in Mind to Reduce New York City Elevator and Escalator Accidents This Holiday Season" »

New York shoppers get ready because Black Friday is here. Thanksgiving holiday sales events can bring together large masses of people, which puts shoppers at risk of severe injury in New York premise liability accidents when crowd management precautions are lacking in retail stores or shopping venues.

If merchants in the retail industry are going to advertise sales spectaculars and special events for Black Friday, they better be prepared to keep shoppers and workers safe. Our Queens personal injury lawyers remember when a worker was trampled and killed at a Black Friday sales event back in 2008 and hope that retailers throughout New York have learned from that tragic lesson.

The U.S. Department of Labor released a crowd management guideline for retailers to use to prevent injuries at Black Friday sales events.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels.

The responsibility lies in the hands of retailers and businesses to keep crowd management under control. Through persistent planning and event set-up, businesses can reduce injuries caused by large crowds or shoppers scurrying to get to sale items. The Occupational Safety & Health Administration highlights these important keys to crowd management:

-Have plenty of trained security or police officers in place throughout the store and at entrances to maintain crowd management issues that arise.

-Provide training sessions to all full-time and seasonal employees about controlling shoppers or over-sized crowds. Allow time for questions or concerns about what to do in emergency situations.

-Establish barricades or rope lines to help the flow of foot traffic and keep congested areas away from entrances or exits.

-Have an emergency plan in place which includes how to address and correct situations involving overcrowding, being struck by a crowd, violent acts and crowd rushing.

-When the building has reached the maximum capacity, cut shoppers off at the entrance until space becomes available.

-Post plenty of signage or posters to direct shoppers to check-out lines, exit locations or customer service areas.

-Keep shoppers with disabilities away from large crowds by providing them with a separate entrance.

IT World offers shoppers the following tips to help avoid injuries on Black Friday:

-Establish situation awareness by knowing what is going on around you outside and inside a store.

-If you notice mob behavior starting or going on around you, move away from the area.

-Shop with a family member or friend rather than shop alone in case an emergency situation arises.

-Charge your cell phone prior to shopping and keep it with you in case of emergencies.

-Obey directions or instructions given by store personnel or security to avoid the risk of injury in large crowds.

-If you are shopping for a "hot sale" item, look for it online to avoid mob scenes at participating store locations.

Continue reading "New York City Shoppers at Risk of Premise Liability Accidents During Black Friday Sales Events" »

Elevator and escalators in are a part of our everyday lives here in New York City. These devices are used in government buildings, apartments, schools, hotels, shopping malls, residences and in office buildings. Miners, excavators and construction workers also regularly use them.

When these escalators and elevators are not properly maintained, as many are not, serious injury in New York can result.

Our New York City elevator and escalator accident lawyers recognize that nearly 50 people are killed and almost 20,000 people are injured throughout the U.S. every year because of these types of accidents. As a matter of fact, elevators are the top cause for these types of deaths and injuries. They cause about 90 percent of deaths and about 60 percent of injuries caused by the two devices.

About a dozen deaths were the result of elevator accidents in New York City from 1992 to 2003. This is about three times more than anywhere else in the U.S. The number one cause for these accidents was the result of workers falling into shafts, getting caught between or in moving parts, collapsing elevators or being struck by the counterweights.

Escalators and elevators in New York City must be inspected five separate times every two years. Two of these inspections must be conducted by a private inspection agency while the other three times must be by the Building Department. Results of these inspections must be kept on file on the elevator or in the office of the building manager.

Owners and operators have a legal obligation to keep these machines in good working order. This order means that all escalators and devices need to be regularly services and inspected. If these conditions are not met and injury or death results, then maintenance companies, service companies and even manufacturers can be held responsible.

To help raise awareness about the importance of properly maintained elevators and escalators, the Elevator and Escalator Safety Foundation will be holding National Elevator Escalator Safety Awareness Week from November 13th to the 19th. This safety week is always celebrated during the second full week of November. It's used to help raise awareness in the public about the importance of safe-working equipment and to recognize some of the contributions that have been made by the industry toward our quality of life. Every year, volunteers reach millions of elevator and escalator riders and share important safety messages to them around the country.

In the United States, there are nearly 40,000 escalators and about 700,000 elevators. More than 325 million people use an elevator on a daily basis. Nearly 250 million people ride an escalator every day. Unfortunately, many of these riders in injured and involved in serious accidents because of the neglect of an overseeing party. These cases can be complicated and can point the finger at many parties. Please get experienced representation if you've been injured on an elevator or an escalator.

Continue reading "National Elevator and Escalator Safety Awareness Week Addresses High Risks of Injury in New York City" »

One of the leading causes of unintentional injuries are fall accidents in New York and elsewhere throughout the United States. These types of injuries result in nearly 9 million visits to emergency rooms every year.

Throughout this week, the National Safety Council will be recognizing slips, trips and falls in an effort to raise awareness about these preventable injuries. The Council uses the entire month to focus on a number of preventable accidents during its recognition of National safety Month.

Older adults, or those 55 and older, are the most likely to be the victims of a fall. These slips and falls can often result in serious injuries, many of which can drastically alter daily functions and the ability to lead an independent and active life. Residents 65 and older are roughly four times more likely to die from a fall than anyone in any other age group.

Our New York personal injury attorneys would like you to know that many of these slips and falls can be prevented if the proper precautionary steps are taken. There are measures a person can take to ensure their safety in their own home. But it's important to remember that business owners should do the same. Business, parks, shopping facilities and many other areas are required by law to ensure the safety of visitors. They are to keep their grounds in a safe and functioning manner. If a property owner fails to eliminate potential hazards and a fall occurs, that person or company can be held responsible for injuries and damages.

Here are some common causes for slip and fall accidents in public places:

-Poor lighting.

-Slippery or wet surfaces or floors.

-Debris on steps or in walkways.

-Torn carpet.

-The use of excessive polish or wax.

-Failure to provide adequate warnings.

-Missing handrails.

-Obstructed views.

According to the Centers for Disease Control and Prevention, one out of every three adults 65 and older will experience a serious fall. In 2007 alone, more than 18,000 older adults died from these falls. Medical attention for slips and falls cost the U.S. more than $19 billion in 2000 -- $179 million for fatalities and $19 billion for nonfatal injuries.

So how can you avoid these falls?

-Make your own home safer by adding railings and grab bars, and improving lighting.

-Make sure you exercise regularly. Focus on exercises that increase leg strength and balance.

-Have your eyes checked regularly by a doctor. It is recommended that you go at least once a year to update your eyeglass prescription to maximize your vision.

-Check with your doctor and pharmacists to make sure your prescriptions are not causing any dizziness or drowsiness.

About 30 percent of people who fall can expect to suffer from injuries such as hip fractures, head traumas and lacerations. Most commonly, the result of a fall is a traumatic brain injury.

Continue reading "NSC Raises Awareness about Slip and Fall Accidents in New York City and Elsewhere" »

Tourists and visitors using New York Subway systems often find subway stations to be dangerous with regard to the dark and desolate un-lit stairwells, escalators, or platforms.
New York personal injury lawyers that a municipal liability accident or premise liability accident can occur when a dangerous condition at a subway station or bus stop is not addressed.

New York subway stations are a popular place when commuters are trying to get to work or sports fans are trying to get to sporting events. Train and subway station managers have a responsibility to keep their stations' platforms, stairwells, and escalators in good repair. According to Federal Railroad Administration there have been over 20 fatalities each year on New York railways over the last 3 consecutive years. NY Subway reports that platforms are often the most dangerous place for accidents to occur. In fact, 90% of incidents occur on platforms throughout the city, which plays host to over 4 million people every day.

Not all accidents involve adult commuters or involve incidents on the tracks. The New York Times recently reported about a young high school student who was seriously injured on his way to school. The student was moving swiftly down the narrow and dimly lit steps before falling into a southbound express train on the southern end platform at Union Square station. The boy hit his head on the stationary subway train and sustained serious injuries but did not fall onto the tracks. He was transported to the hospital in critical conditon.

Trains and subways are a popular mode of transportation for fans traveling to New York sporting events. As baseball season becomes in full swing, fans attending Mets and Yankees games are reminded of the following safety tips when traveling by train or subway:

-Catch an early train or subway to avoid peak commuter travel. Getting to the game early allows time to watch batting practice or catch a few autographs.

-Never run or walk on escalators and always face forward. Stairwells should never be run down, especially when overly crowded.

-Never stand at the edge of a platform while waiting for the train or subway to arrive. Platforms are clearly marked for safety so make sure you stay in a safe area.

-Wait for everyone to clear from the door before stepping on to the car. Make sure all items like jackets, umbrellas, bags or personal items are clear of the door before it closes.

-When standing while riding, be sure you hang on to a bar, hand strap or seat around you to maintain balance at all times. A sudden stop or push by other riders could result in serious injury if you fall down.

Continue reading "Subway System a Common Site for Injury Accidents in New York City" »

Close to a million people will gather in Times Square this weekend to watch the ball drop and celebrate the beginning of a new year. Even though alcohol is prohibited on the city streets, the number of people gathered in one place along with the alcohol served in local establishments increases the risks involved for New York accidents. Our New York personal injury attorneys want to remind you to be safe as you venture out and enjoy the biggest celebration New York has to offer this weekend.

In 2009, the National Highway Traffic Safety Administration using the Fatality Analysis Reporting System (FARS) reported 5 fatalities in New York when at least one of the crash victims had a Blood Alcohol Content (BAC) level of .08 or higher on New Years Eve and Day. Nationally there were 156 fatalities on these same two holidays when the BAC level was over the legal limit to drive.

Mothers Against Drunk Driving (MADD) campaigns pretty fiercely around the holidays because they know the likelihood of an alcohol related accident is higher when there are parties and family gatherings to attend. MADD advocates are also well versed in the law and the penalties that apply for drunk driver vehicular homicide which varies from state to state. MADD relays New York penalty is 0-15 years. A second degree offense (Class D felony) could be up to 7 years in jail and/or up to a $5,000 fine. If a driver's BAC is over .18 the vehicular manslaughter charge is considered a first degree Class C felony where sentencing can be up to 15 years and/or up to a $15,000 fine.

If you have questions and need answers about drinking and driving a good source to refer to is New York State Department of Motor Vehicle. The website offers detailed answers to questions like:

-Why are the consequences for drinking and driving so extreme?

-How much alcohol consumption does it take to affect my driving?

-Do all age groups face the same penalties?

-Can I refuse to take the sobriety test if I am pulled over?

In order to start 2011 off on the right foot take the necessary steps to remain safe. Don't drink and drive. Better yet, offer to be the designated driver so you and your friends or loved ones can increase the chances of getting home safely after bringing in the New Year.

Continue reading "New Year's celebrations can lead to New York City accidents" »

Halloween is full of tricks and treats but children should be aware that there are more things to watch out for than ghosts and ghouls. Kids love Halloween almost as much as when the jolly man in the red suit comes in December. There are so many hidden dangers on Halloween night from New York car accidents waiting to happen to unleashed animals roaming the streets. Knowing the hidden dangers can help prevent your child from being injured.

Over 36 million children are on the streets on October 31st romping from house to house in hopes of filling their bags full of candy and maybe getting fun frights along the way. The Centers for Disease Control and Prevention reported that the chances of a child between the ages of five and fourteen being hurt in a car accident triple on Halloween over any other evening throughout the year.

Nationwide, more than 500 motorists a year are killed during the week of Halloween, making it among the deadliest weeks on the road, according to the National Highway Traffic Safety Administration.

Due to the increased number of children being killed or injured on this holiday, the New York State Division of Police has provided parents with excellent list to help your children have a safe and fun Halloween:

1. Do not allow a child to go "Trick or Treating" alone. Be sure older children TAKE A FRIEND and an ADULT accompanies young children.

2. Be certain to accompany young children to the door of every house they approach.

3. Be certain that parents are familiar with every house and all people from which the children receive treats.

4. Children should be cautioned that they should NOT enter any home without prior
permission from their parents.

5. Children should be cautioned not to approach any vehicle, occupied or not, unless they know the owner and are accompanied by a parent.

6. Make sure that all children carry a glow stick or wear reflective clothing.

7. When using facial masks, make sure that children can see and breathe properly and easily.

8. All costumes and masks should be clearly marked as flame resistant.

9. Children should be warned to NEVER approach any house that is not well lit and does not have a porch or "outside" light on.

10. Children should be cautioned to remember any suspicious incidents and report them to their parents and/or the proper official.

11. Children should be cautioned to run away from people who try to trick them with special treats.

12. Children should be instructed to scream and make a scene if anyone tries to grab them or force them, in any way, to go with them.

13. Parents should inspect all treats and dispose of anything that seems to have been tampered with, has been opened, or is not wrapped.

14. A good alternative to "Trick or Treating" is for parents to organize parties at home, in
schools, or in community centers.

The Division of Police also knows keeping safety fun helps kids learn. Click here for a cool pictures for your kids to color.

Continue reading "New York car accidents and premise liability claims a Halloween danger" »