Pages
Stay In Touch
More
jweber@vaughnweberlaw.com
rvaughn@vaughnweberlaw.com
tprakope@vaughnweberlaw.com
Law Firm of VAUGHN, WEBER & PRAKOPE, PLLC | New York Personal Injury Attorneys
(Image from CBS New York)
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
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.
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.
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.
(Image from ABC7NY.com)
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.
Copyright © 2020 Law Firm of Vaughn, Weber and Prakope, PLLC
All Rights Reserved