Premises Liability

On September 15, 2016, in Personal Injury, Premises Liability, by John A. Weber IV, ESQ.

Premises Liability

This article is intended to give some insight into some interesting New York caselaw with regards to premises liability.

Eischelbaum v. Douglas Elliman, LLC, 52 AD3d 210 – a real estate broker does not possess the required level of control over a property they are showing to be held liable for dangerous conditions on the property.

Johnson v. City of New York, 7 A.D.3d 577 – when a property manager is furnished with violent crime statistics by housing authority police, a question of fact exists as to forseeability of crime and the need for security.

Singh v. United Cerebral Palsy of New York City, Inc., 72 AD3d 272 – where there is no exclusive service agreement for malfunctioning automatic elevator door for the premises, an issue of fact exists as to exclusive control and where premises liability lies.

These are a few of the issues that arise with premises liability actions in New York.  And the fact of the matter is that this type of personal injury action is very complex.  But, it is important to grasp premises liability concepts because not knowing where liability lies, can cost you a very lucrative award for injuries that are sustained at the premises.

The standard of care is that a landlord or property owner has a duty to maintain the property in a reasonably safe manner.  Other factors that arise in these cases are the duty to warn, relationship of plaintiff to the property (tenant, licensee, etc.), forseeability, dangerous conditions, defects in design or construction and actual and constructive notice.

Personal Injury Attorneys

If you or someone you know has been injured on a piece of property owned by another person, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney.

Hit and Run

On September 14, 2016, in Message/News Board, Motor Vehicle Accident, Personal Injury, by Timothy B. Prakope, Esq.

Hit and Run

We tend to not think of hit and run car accidents as a major issue in New York.  Unfortunately in a large city such as New York, there are many selfish people living amongst us as we go about our daily lives. We often take our own safety for granted when we go for a casual stroll at night to the corner store to grab a late-night bite to eat. Tragically, a casual late-night stroll can end someone’s life and shatter a family. Sadly, this is what happened in Cypress Hills Brooklyn when Israel Turcios and his friend Delmer Maldenado went out for a bite around midnight. The two men, both fathers, were run down by a selfish, depraved person that ran away from the scene of the crime. Not only did this selfish individual leave two men dying on the street, he left two families shattered into pieces. ABC News reports that the search is on for this depraved individual who is still on the loose after this hit and run incident.  The story can  be read here.

In large cities such as New York and the five boroughs, nightmares like this occur more frequent then they should. When you or a loved one are the victim of a crime such as a hit and run, you need someone fighting on your side. You need someone that will help you put the fragmented pieces of your family back together. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a personal injury attorney.

(Image from ABC7ny.com)

Car Crashes into Bus Stop

An out of control car caused a Nassau County bus stop crash.  Four people were injured in the crash as reported by News 12 and can be read here.  Faulty equipment and failure to maintain a motor vehicle can lead to accidents like the one in New Hyde Park when a blown tire caused a car to crash into a bus stop.  People may not realize that, depending on the reasons for the tire failure, the owner and driver can be liable for injuries caused by faulty equipment or maintenance failures in New York motor vehicles.

Many times, car crashes and the resulting liability is clear cut.  Other times it is very difficult to determine where the fault lies in car crashes.  Juries are taxed with the burden of deciding how to apportion fault in personal injury trials.  It is almost impossible to predict jury outcomes and any lawyer will tell you that.  Therefore it makes logical sense to spend time maintaining your motor vehicles and do your very best to avoid preventable car crashes.

Personal Injury Attorney in Nassau County

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

 

 

Suffolk County police investigate the scene of a

(Image from Newsday.com)

Pedestrian Knockdown

A pedestrian knockdown is one type of personal injury case that is growing in number on Long Island.  A pedestrian knockdown is when an individual is struck by a motor vehicle and suffers injuries.  A pedestrian knockdown does not necessarily imply criminal conduct such as that in a hit and run, texting while driving or DWI incidents; although they can.  Often times, pedestrian knockdown cases arise out of nothing more than a mere accident.  Just the latest example of this type of accident occurred in Copiague and was reported by News 12.

Whether arising out of criminal conduct or not, pedestrian knockdown cases almost always result in personal injuries.  It is common sense that the human body is not built to withstand an impact from a motor vehicle in motion.  Therefore, when a pedestrian knockdown occurs, the victim has anxiety and a lot of questions.  It is important to understand that a personal injury attorney can assist you in answering questions such as how to seek medical advice, whose insurance pays for medical treatment, how liability for the accident is assessed and determining if a personal injury lawsuit should be commenced.  Having answers to these questions will allow the victim to focus all of their energy on recovering and calm the concerns of their family.  Most people often underestimate the importance of consulting with a personal injury attorney.  It is important to remember that being injured in an accident is very traumatic and scary.  The experience is exacerbated by not knowing how to handle the “fall-out” from the accident or lessened by having people around you who do.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially a pedestrian knockdown, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

 

 

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