Tag: Suffolk County Personal Injury Attorney

Tag Page

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:

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!

Dangers of Gravity on Construction Sites

On July 30, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

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 Courts have placed an emphasis in ensuring that adequate safety devices are employed when hoisting or lifting materials so that the materials remain secure and the danger to the workers below is decreased significantly.  Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219 (1991).

In a perfect world, proper safety devices would always be used on construction sites.  In the real world, however, construction companies are focused on maximizing profits.  This means that timelines must be followed and deadlines must be met.  Sometimes in all the haste, safety protocol and procedures are ignored.  The New York Courts have taken an interesting perspective on the harm caused by falling objects on a job site.  In Runner v. N.Y. Stock Exch., Inc., 13 N.Y.3d 599, 604, 895 N.Y.S.2d 279, 282 (2009), the Court of Appeals turns the focus of whether “..the harm flows directly from the application of the force of gravity to the object.”  Under these guidelines, actually being struck by the object may not even be a prerequisite to a cause of action.

Labor Law Attorneys

If you or a loved one have been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!

Tagged with:
 

car-accident-injuries

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 the “right of way” does not necessarily mean that the driver is exempt from being a proximate cause of an accident.  The possibility exists that there can be more than one proximate cause of an accident.  It is important to note that a duty for each driver exists.  That duty is to see what there is to be seen through the proper use of the driver’s senses.  This duty exists even when the driver has the “right of way.”

This ruling is important in evaluating a personal injury case stemming from an automobile accident.  Just being injured by another driver who engaged in improper conduct on the road is not enough.  Comparative fault must be eliminated.  By doing so, a Plaintiff’s case is made stronger and the likelihood of success is increased.

New York Personal Injury Attorneys

As always, if you have been in an automobile accident and seek the assistance of an experienced attorney, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today to schedule a free consultation!

Tagged with:
 
WhiteHouse by PageLines

Copyright © 2021 Law Firm of Vaughn, Weber and Prakope, PLLC
All Rights Reserved