Tag: Suffolk County Personal Injury Attorney

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Train Derailment

(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 […]


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Premises Liability

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 […]


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Hit and Run

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 […]


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MTA accidents result in Personal Injuries

(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 […]


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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 In New York City

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 […]


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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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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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Serious Injury Threshold in Personal Injury Cases

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 […]


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Notice of Claim

Filing 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 […]


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