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.

MTA Accidents

(Image from ABC7NY.com)

MTA Accident Injures Several People

It seems like everyday we see terrible MTA bus accidents that involve serious life changing injuries. At least ten people were injured in New York City when an MTA bus smashed into an overpass as it jumped the curb. You can read the ABC New York, channel 7 story here.

Innocent MTA bus passengers are injured when MTA bus drivers that are supposed to be watching the road drive negligently. Under New York law, when an injured person has a claim against the MTA, the city of New York, or other government agencies, you must file a Notice of Claim with the city within 90 days after the accident. The Notice of Claim must have sufficient detail for the city to investigate your claim and prepare for litigation.  A previous article on this website, found here, may add incite to the Notice of Claim process.  Personal injuries caused by negligence on the part of municipalities, their departments like the MTA or the employees of municipalities can result in sizable compensation.  Liability for these personal injuries obviously play a large role in the strength of a case and damages (the type and extent of the injury) as always will determine the amount of compensation that will be awarded to the victim.
Having the right legal representation could mean the difference between recovering a monetary award for your injuries and dismissal of your case.  Taking the time to find an attorney that you are comfortable with and who understands the nuances of personal injury litigation is an investment that can pay off big in the long run.

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 one involving the MTA or another municipality, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, by John A. Weber IV, ESQ.

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some scenarios, the plaintiff’s skill and experience in participating in a certain activity can form the basis of the defense.  The defense actually works to negate the duty of care owed by the defendant to the plaintiff.  The New York case law is flooded with cases where the assumption of risk defense is raised.  Although a common misconception is that this defense is only applicable for sporting events and recreational activities, it is also applicable to other scenarios.

Personal Injury Attorney in Long Island

If you or a loved one are involved in an accident where you believe the assumption of risk doctrine could be asserted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a personal injury attorney today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan