Tag: personal injury attorney

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Assumption of Risk in Personal Injury

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 […]


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Legionnaires’ Disease and Wrongful Death, Medical Malpractice or Negligence Claims

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. […]


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Loaned Servant Defense

Loaned Servant Defense Some Labor Law claims arise in situation where an employer allows their employee to work under the control or direction of another person or entity.  The employee is injured while working under the direction of the other person or entity. Worker’s Compensation Law can function to prohibit the employee from suing either […]


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Labor Law §240(1)

Injured on Construction Site Labor Law §240(1), sets forth, “All contractors and owners and their agents…shall furnish or erect, or cause to be furnished or erected for the performance of such labor scafolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as […]


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Dangers of Gravity on Construction Sites

Gravity and Construction Sites The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position.  An equally important and equally dangerous scenario arises when objects fall from an elevated position.  The New York […]


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Injured at Work

Construction Injury Recently, we have fielded some phone calls regarding workplace injuries.  There seems to be some confusion as to when an employer can be sued.  There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors.  These questions are answered statutorily by New York Labor Law.  Sections 200, […]


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Municipal Liability for Personal Injury and Wrongful Death Cases

Municipal Liability for Injuries An interesting decision came down in September of 2014 involving municipal liability claims.  In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions.  The Plaintiff-decedent was attacked […]


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Spoilation of Evidence

Spoliation of Evidence In September of this year, the Second Department reached a decision in Lentini v. Weschler, 2014 NY Slip Op 06062, with regards to the “Spoilation of Evidence.”  Spoilation refers to the destruction or repair of critical evidence that will interfere with the ability of a litigant to prosecute or defend a claim.  […]


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Interesting Legal Procedure Decision

Legal Procedure Decision In Roseman v. Baranowski, 2014 NY Slip Op. 05635, the Second Department allowed Plaintiff leave to amend the summons and complaint in order to add a doctor as a defendant after EBT’s (depositions) were conducted.  Plaintiff’s reason to add the doctor was that the doctor was “united in interest” with the original […]


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Motor Vehicle Accident – Important Decision

Car Accident Injuries An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14).  The case involved an automobile accident in which Defendant made a motion for summary judgment.  The full case can be read at the aforementioned site.  The ruling in this case points to the fact that a driver having […]


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