Train Derailment

On January 4, 2017, in Message/News Board, by John A. Weber IV, ESQ.

LIRR Crash At Atlantic Terminal

(Image from CBS New York)

TRAIN DERAILMENT

For the second time within one year, the New York Tri-State area has seen a train derailment due to human error, poor maintenance and otherwise negligent behavior cause serious injuries to patrons who are simply trying to get to work. Whether the train conductor fell asleep at the controls, the controls malfunctioned or the train hardware was defective, working men and women are put at risk for serious injury when a train derails and goes off its’ tracks. Back in September of 2016, an out of control train crashed into the platform killing one young mother and injuries dozens more. In May of 2013, a Metro-North Passenger train derailed in Fairfield Connecticut and injured over 65 of the 250 people on board. Today, a Long Island Rail Road train derailed and crashed into the platform injuring over 100 people. Since these trains are operated by government, state and quasi state agencies, the time to file a Notice of Claim against these agencies is limited and quick. If you were injured in a train derailment or any other train accident, contact us immediately to preserve your rights. Waiting too long to contact an attorney can jeopardize and/or bar your claims.

http://www.nbcnewyork.com/news/local/LIRR-Train-Derails-in-Brooklyn-409638225.html

http://newyork.cbslocal.com/2017/01/04/recent-train-derailments/

http://abcnews.go.com/US/connecticut-commuter-train-crash-fbi-finds-foul-play/story?id=19207987

Train Accident Attorney

When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.

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.
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