Tag: negligence

Legionnaires’ Disease In New York City

On August 5, 2015, in Litigation, by John A. Weber IV, ESQ.

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of Legionnaire’s disease in New York has increased exponentially over the past several years due to reasons including lack of regulation. While most healthy adults can recover from the disease with the use of antibiotics, elderly adults and children who have diminished or weakened immune systems are at particular risk from Legionnaire’s disease and should seek medical treatment immediately. The New York Daily News provided a great article authored by Erin Durkin , Erica Pearson , Larry Mcshane on New York City’s current struggle and it can be found here.

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

Legionnaires Disease Infects Several People

The disturbing outbreak of Legionnaire’s Disease in New York City is a cause for concern.  Since Legionnaire’s Disease is generally preventable, a diagnosis of Legionnaire’s Disease may lead to a claim for wrongful death, medical malpractice or negligence.  The CNN story by David Shortell can be viewed by clicking here.

Personal Injury Attorney in Mineola

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

Notice of Claim

On June 12, 2014, in Personal Injury, by John A. Weber IV, ESQ.

notice of claim page 1Filing Notice of Claim in Personal Injury Lawsuit

A Notice of Claim must be served on any Municipality or Department of a Municipality before an action can be commenced against that Municipality.  It is important to remember that The Uniform Notice of Claim Act took effect on June 15, 2013.   Several rules were amended regarding properly serving a Notice of Claim.

There are a few unique aspects of a personal injury lawsuit against a Municipality.  The Notice of Claim and shortened Statute of Limitations however are the most important to know.  Failure to serve a Notice of Claim or serving a Notice of Claim to the wrong entity can permanently preclude your ability to bring the action.  It is therefore in your best interest to discuss the serving of a proper Notice of Claim with an attorney.

Personal Injury Attorney in Long Island

As always, if you or a family member have been injured due to the fault of a Municipality, call (516) 858-2620 to speak to an experienced personal injury attorney today!

 

More Articles:

Evaluating a Personal Injury Case

Picking a Jury in a Personal Injury Case

Landlord Liability

On March 5, 2012, in Landlord-Tenant, Personal Injury, by Robbie L. Vaughn, Esq.

Landlord Liability

In a recent case involving landlord liability, Brathwaite v. New York City Hous. Auth., 2012 NY Slip Op 1422 – NY: Appellate Div., 2nd Dept. 2012, the Court ruled that The New York City Housing Authority (NYCHA) was not liable for injuries the plaintiff sustained when he was assaulted inside the apartment of his girlfriend.

The court acknowledges that landlords have a common-law duty to take minimal precautions to protect tenants and their guests from the reasonably foreseeable criminal conduct of third parties. However, the court finds that NYCHA was not the proximate cause of plaintiff’s injuries.

Here is part of the Court’s reasoning:

Moreover, and contrary to the plaintiff’s contention, both NYCHA and American established their prima facie entitlement to judgment as a matter of law by demonstrating that any negligence on their part was not a proximate cause of the injuries sustained by the plaintiff. The plaintiff claimed that security was inadequate because NYCHA and American failed to repair a broken lock on the entrance to the building. However, the plaintiff testified at his deposition that the two locks on the door to Patsy’s apartment were functioning on the day in question. He further testified that he did not know how Glenn entered the apartment prior to the assault, that he and Patsy may have left the door unlocked when they entered earlier that day, and that Glenn may have had a key in any event. There was no testimony or documentary evidence arising from the investigation of the incident which suggested that Glenn had forcibly entered the apartment, or that he gained access other than through the front door. Thus, even if Glenn entered the building of his own accord because of the inoperative lock, he could not have gained access to the interior of the apartment where the assault occurred unless, as had been done on prior occasions, a family member let him in, furnished him with a key, or left the door unlocked.

Mineola Personal Injury Attorneys

As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Personal Injury or Landlord-tenant matters. Contact us at (516) 858-2620 to arrange a consultation.

WhiteHouse by PageLines

Copyright © 2019 Law Firm of Vaughn, Weber and Prakope, PLLC
All Rights Reserved