Assumption of Risk in Personal Injury

On November 12, 2015, in Message/News Board, Personal Injury, 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!

Related Articles:

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 and killed in a parking garage owned by the city.  The Plaintiff rented the parking spot from the city on a monthly basis.  The city had the obligation of providing a minimum level of security in it’s proprietary function as  a commercial property owner.  The city’s function as a commercial property owner has nothing to do with its functions as a governmental body.  Therefore, the city was not entitled to summary judgment based on governmental immunity.

Personal Injury Attorneys

As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.

Serious Injury Threshold in Personal Injury Cases

On June 14, 2014, in Personal Injury, by John A. Weber IV, ESQ.

Often times in Personal Injury cases, the injury itself becomes an issue.  Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d).   The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute.  In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body  organ or member” or “significant limitation of use of a body function or system.”   These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010).  Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.

Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task.  It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).

Just for informational purposes; there also exists a 90/180 rule.  This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work.  This particular post is not directed towards explaining this category but it is important to be aware of.

As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!

 

More Articles :

Assumption of Risk in Personal Injury

This is How Personal Injury Lawyers Protect Your Financial Interests

 

Jury Selection for Personal Injury Trial

The jury selection process in Personal Injury cases is very important.  Questioning the potential jurors is a process known as “Voir Dire.”  This may be the single most important process in the whole trial.  Selecting the jurors who will give you the best chance to win your case is invaluable.  For the purpose of simplicity, we will not go deep into preemptive challenges.  I will only say that your opposition is able to eliminate certain jurors from the potential juror pool.  You are also entitled to eliminate jurors who you feel will help your opponent.

Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors.  Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror.  After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.

Personal Injury Attorney in Mineola

Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated.  You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel.  If you are not represented by counsel and have questions about your Personal Injury case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.

 

More Articles:

This is How Personal Injury Lawyers Protect Your Financial Interests

Labor Law Attorneys Aid in Getting Compensation for Workplace Accidents

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