Mary's Blog I Love You

Game day is almost upon us, which isn’t really saying much – between the MLB, the NBA, the NHL, and the MLG, game day is always upon us. But you probably already knew which game I meant: the BIG GAME who’s name I cannot say because there are legal concerns about that. It’s a yearly event that, for an afternoon, transforms the contours of American life. Road traffic and revenue for many businesses plummets; primetime ad prices spike; everyone gears up in anticipation of the Puppy Bowl. Also, of course, there’s football. These days, that usual means watching the Patriots play against someone else. But football isn’t always entertaining by its own lights; for many of us, the game is a bit stop and go, with less than 20 minutes of actual play stretched out over hours of game time. To fill the spaces in between, many of us turn to the delights of food and drink. That would be cheap beer, chips and dip, chicken wings, and the like. Sometimes, for a particularly big game gathering, there’s ...

You would expect that the products you buy in New York are safe for you and your family to use. However, this isn’t always the case. Some companies cut corners to save costs. Others rush them to market before testing them properly. A few even push products for sale knowing that they contain risks without disclosing those to consumers. All of these decisions can have devastating consequences for consumers like you. In New York, companies can be held accountable for their defective products and the harm they cause. There are three main types of product liability claims . Here’s what you need to know. Design Defect The way a product is designed is critical to how it will function when it is put together. If there’s a flaw or mistake in the design, that will have repercussions throughout the product’s life. Even if that product is put together with extreme care, it will be inherently dangerous. This is called a design defect . For example, let’s say a company makes a toy that’s desig...

When we send a loved one to a nursing home, we expect that they will receive the highest quality of care and attention from their nurses and caretakers. This includes being vigilant of fall-risk residents and taking preventative measures to reduce the risk of residents falling and injuring themselves. A fall could be debilitating to an elderly resident, leaving them disabled or heavily dependent on others to perform daily tasks. According to research from the University of Wisconsin , between 50-75% of nursing home residents fall at least once per year, and people who fall usually fall at least twice a year. The University of Montana’s research shows that there are two types of risk factors when it comes to falls in nursing homes: internal and external. Internal risks refer to a resident’s existing health condition, medications they are taking, mental state, etc. External factors are more physical, such as cluttered hallways. Internal Risk Factors Nursing home patients are...

Erb’s palsy is paralysis of the arm caused by damage to the upper group of the arm’s nerves. This nerve damage is usually the result of complications during birth. The baby’s shoulder can get caught on the mother’s pubic bone during a difficult birth, leading to a strain or break of the nerves. Other common causes of Erb’s palsy: If the baby is born face first, Erb’s palsy could occur if the doctor pulls the baby out by their face or neck If the baby is born feet first, Erb’s palsy might happen if the doctor pulls the baby’s legs and feet, causing the arms to go over the head. This puts undue stress on the shoulder If the baby is too big for the birth canal, it can be pushed through the birth canal causing unnecessary stress on the arms, shoulders, and neck If a nurse or physician picks up the baby by its arms instead of supporting its head and neck, they could cause damage to the shoulder’s nerves Forceps or vacuum extraction tools used to aid childbirth might result in nerve d...

New York has a special “joint and several liability” law that drivers should be aware of, especially if you were involved in an accident. There are a few components to this rule that must be understood, including how many people were involved, how much in auto insurance each party possesses, and what percentage of fault can be assigned to each defendant. In some cases, there may be multiple defendants in an auto accident lawsuit. If it can be determined that someone was at least partially responsible for the accident, they may be tried as a defendant and may be subject to paying damages after the return of the verdict. Additionally, the amount of coverage each defendant has in their car insurance is a major component of joint and several liability. According to Hach & Rose attorney  Michael Rose , many car owners only have $25,000 in car insurance. This may sound like a lot, but in the event of an accident, the damages owed to the plaintiff may far exceed that number. This is...

Complex regional pain syndrome (CRPS), formerly known as Reflex Sympathetic Dystrophy (RSD), is a type of chronic pain that can develop after someone gets injured, undergoes surgery, experiences a heart attack, or a stroke. This type of pain is relatively uncommon and still not well-understood by physicians. Usually, it is diagnosed simply by ruling out other types of chronic pain. CRPS/RSD occurs in an arm or leg and is proportionally much more painful than the severity of the original injury. What are the symptoms of CRPS/RSD? The symptoms of this condition might not manifest until months after the initial injury and can change over time. People who suffer from this chronic pain report feeling: Persistent burning or throbbing pain, usually in your arm, leg, hand or foot Unusual cold or touch sensitivity Swelling around the painful region Skin temperature alternates between sweaty and cold Skin changes color, ranging from white and mottled to red or blue The skin on the painf...

There are hundreds, if not thousands, of construction jobs in New York City. Some construction workers, as in many other professions, either do not have citizenship or might be undocumented. So when an accident happens on the worksite, they might be told that they have no right to file a lawsuit if they don’t have the appropriate papers. This is simply not true. Regardless of your immigration status, if you do not have documents or if you came to America illegally, you have the right to bring a lawsuit to claim compensation if you were injured on the job. What kind of damages can I claim? If you were injured on a worksite, regardless of your immigration status, you are entitled to workers’ compensation. Everyone deserves to operate in a safe and well-maintained workplace. When claiming workers’ compensation, you must prove two elements: That you were working at the time of the injury That you sustained an injury Workers’ compensation usually covers a wide range of costs for an i...

It is important to know what steps to take — and what mistakes to avoid — after sustaining an injury if you plan on pursuing a personal injury lawsuit. Some mistakes could make it more difficult for you to claim compensation down the road, and knowing how to avoid these legal pitfalls will give you a leg-up from the defense. Help your personal injury attorney by helping yourself and avoiding these common mistakes that many people make right after sustaining an injury.  Not visiting your doctor Regardless of your pain level or the apparent severity of your injury, visit your doctor right after getting injured. This will establish a medical record that can be used as evidence later if it turns out that your injuries become severe. Many people skip the doctor’s appointment after a car crash or slip and fall accident because they don’t feel a lot of immediate pain. But sometimes, this pain can manifest weeks or months later. Not only is it important to get medical treatment for your ...

It’s common to hear about car parts being recalled because they didn’t perform the way the manufacturer intended, or might be outright dangerous to passengers. If a part of your car has been recalled, you might have questions about what to do next. Maybe you aren’t sure whether it is still safe to drive your car. This article will attempt to offer some advice about recalled car parts to ensure that you get the help you need to avoid needlessly getting into a car accident. The National Highway Traffic Safety Administration (NHTSA) is a governmental agency that sets the  standards for the safety of cars and car parts. If manufacturers do not meet the requirements dictated by the NHTSA, the administration has the power and the duty to recall defective vehicles or pieces of machinery. Usually, manufacturers will detect problems in their equipment and issue a voluntary recall, then offer to repair the broken parts at no charge to the customer. What are some common car parts that...

We often hear of older relatives or family friends falling and injuring their hips, but many people are not aware that this injury is often devastating for the victim. This article explores the reasons why elderly people are more susceptible to these types of injuries, what complications are associated with hip fractures, and what symptoms to look for. Additionally, you should know that pursuing legal action is an option if you or a loved one sustained a hip injury due to someone else’s carelessness. Why are the elderly more susceptible to hip fractures? According to  Science Daily , about 300,000 elderly Americans undergo surgery to repair a fractured hip each year. Older people are at a higher risk of falling and breaking their hip because of two factors: brittle bones and lower muscle mass. At least  44 million  Americans have low bone density, and 10 million more have osteoporosis. Elderly people also have lower muscle mass, which impairs their mobility and balance,...

Oftentimes, when you are filing a personal injury lawsuit, money is not the only thing you wish to get out of a settlement. You also want peace of mind, a sense of justice, and for the defendant to correct or alter their behavior in the future. But money is a big part of the settlement because it can compensate for lost wages, medical bills, emotional pain and suffering, and more. This article will tell you how to calculate how much your personal injury case may be worth.  When calculating how much money you may receive in a settlement, you must consider “damages.” Damages describe what your injuries have cost you monetarily, physically, and mentally.  Compensatory damages Compensatory damage refers to the money the defendant pays you to compensate for what was lost because of your injury. This refers to lost wages and medical bills, which can easily be calculated, as well as emotional and physical pain and suffering, which is harder to determine.  If you win your cas...

A report by  localize.city , a website that analyzes street safety to give buyers and renters the full picture before they move, found that at least a dozen areas across the five New York City boroughs are significantly more dangerous. Alarmingly, in these 12 areas, pedestrians and cyclists are three times more likely to face injury or death from getting struck by a vehicle. On average, these intersections saw about 238 crashes in the past five years involving cyclists and pedestrians, compared to the city’s average of 75. The researchers found that intersections under bridges or elevated tracks were significantly more dangerous than other streets. The area around the bridge in the south side of Williamsburg The intersection of Myrtle Avenue and Wyckoff Street in Ridgewood The border between University Heights and Fordham around Jerome Avenue The area between Atlantic Avenue and Willoughby Street The area between Pacific and Fulton streets, from Bedford to Brooklyn avenues ...

Do you have whiplash because you were involved in a car accident in New York City? Contact Mirman, Markovits & Landau, P.C. for immediate assistance. Our experienced NYC whiplash injury lawyers will explain your rights and help you determine the best strategy for recovering compensation. We’ll do everything we can to recover maximum damages on your behalf. Our NYC law firm offers a free consultation, so don’t hesitate to reach out to schedule yours today. Why Should I Call Mirman, Markovits & Landau, P.C. If I Have Whiplash? Whiplash is one of the most common car accident-related injuries. Even mild cases can cause a lot of pain and make your life really difficult. If someone else is at least partly responsible for the traffic accident that caused your whiplash injury, they should be held accountable. That’s where the NYC personal injury lawyers at Mirman, Markovits & Landau, P.C. can help.  For more than 40 years, the legal team at Mirman, Markovits & Land...

A class-action lawsuit is a civil lawsuit brought by at least one person to represent hundreds or thousands of other plaintiffs who all have a similar case against a common defendant. Class action lawsuits could be brought against the manufacturer of a defective product, an employer who exploits their workers, or factory owners who polluted large swaths of land or rivers. Keep reading to learn more about the most common types of class action lawsuits and what the legal process looks like.  Class-Action Lawsuits: What You Need to Know In each of the examples listed below, filing a class action suit along with a number of other plaintiffs can strengthen your case even more and may lead to real change on the part of the defendant. Filing a civil lawsuit as an individual will likely lead to a quiet settlement out of court, but a class action lawsuit may attract more attention to the issue and force the defending institution to make changes on the systemic level.  Environmental...

If a drunk driver causes an accident, the victim could be eligible to file a personal injury lawsuit against the drunk driver for the harm they’ve suffered and damage to their vehicle. But sometimes, there are instances when the injured individual can also file a lawsuit against a third party that provided alcohol to the impaired driver. Keep reading for more information about dram shop laws and social host liability claims.  Under section 11-101 of the New York General Obligations Law, dram shops (establishments that serve liquor) are legally forbidden from serving alcohol to a patron who is visibly drunk. It is up to the discretion of the server to determine whether the patron is substantially intoxicated, but the most obvious signs are a flushed face, slurred speech, uncoordinated movements, and bloodshot eyes.  If the visibly intoxicated patron leaves the dram shop and injures another person by physically assaulting them or hitting them with their car, the dram shop coul...

If you were injured due to the negligence or reckless actions of a government employee or on New York government property, you have the right to sue the government the same way you would sue a private individual.  The New York Court of Claims Act states that the government “waives its immunity from liability and action” and consents to be sued in court in the same manner as an individual. So, individuals who suffered injuries at the hands of the government can file a claim for basically anything that an individual could be sued for. This includes auto accidents, slip and falls, premises liability, medical negligence in a state facility, and more. As of 2011, people can sue New York municipal governments if they can prove that the municipality had a “special duty” to the injured individual. To prove “special duty,” the plaintiff must prove that at least one of the following occurred: The municipality violated a statutory duty enacted to protect a particular group of people, an...

Driving a motorcycle in the cold, wind, ice, and snow requires a different set of riding habits to abide by than in good weather. You cannot ride your motorcycle the same way on a clear, sunny day as you do when it’s foggy or drizzling. Take a look at the tips below if you want to take your motorcycle out on the road during the winter. Knowing how to best prepare yourself for winter conditions will cut down your risk of getting into an accident.  Dress in layers When it’s freezing outside and you’re riding on your motorcycle at 60mph, exposed to the elements, you need to know how to dress. This experienced motorcyclist recommends starting with a base layer for your arms and legs that will wick away sweat as you ride. Then add a zip-up fleece, outer jacket, neck warmer, and thick, water-resistant, insulated gloves. You need your hands to brake, so it’s vital that you keep your hands warm while riding. Also, be sure to wear your helmet, and install its breath deflector if it cam...

Birth injuries usually refer to injuries sustained by the baby during or right after birth, such as being injured by the use of forceps. However, there are a few other types of injuries related to birth and pregnancy that could affect the mother as well. Injury to the mother or infant during pregnancy or birth It is common for women to bleed, sometimes excessively, after the delivery of their baby. Doctors know how to control the bleeding and maintain the woman’s health, but if a doctor is negligent or careless and fails to do so, it could cause significant harm or even death. The baby may be injured due to a doctor’s erroneous actions pre- or post-delivery, such as failing to monitor oxygen intake or delivering a baby too soon. For example, if a baby is delivered prematurely and suffers developmental problems because of this, the parents could file a medical malpractice claim to help pay for ongoing physical therapy. Wrongful birth When a baby is born with mental or physical impa...

A slip and fall injury claim could arise when an individual slips, falls, and injures themselves due to someone else’s negligence. For example, if a restaurant manager knew that the floor by the front door was slippery but failed to put up a wet floor sign and someone slipped and fell, then the property owner could be held liable for the injuries and other losses suffered by the victim. While some slip and fall injuries aren’t severe enough to file a claim, others can be serious or even life-threatening. Slip and falls are the number one source of worker’s compensation claims and account for 21% of emergency hospital visits, according to the National Floor Safety Institute.  If you decide to file a slip and fall lawsuit against a defendant, it would be beneficial to anticipate and understand what defensive arguments they might pose. Slip and falls can occur anywhere, so the defendant in your case could potentially be anyone. You, as the plaintiff must prove the defendant’s neglig...

According to the National Heart, Lung, and Blood Institute , occupational asthma is a bigger problem than many people realize. Occupational asthma, also referred to as workplace asthma, develops because of workplace conditions and causes wheezing, shortness of breath, coughing, and chest tightness. It is the most common workplace lung disease in the United States.  Who is at risk? The workers who are most at risk of developing occupational asthma are the ones who are exposed to a group of harmful chemicals called isocyanates, according to OSHA . These jobs include: Car manufacturers Textile workers Painters Printmakers Furniture manufacturers Rubber and plastic manufacturers Electric cable insulators What are the signs? Coughing Wheezing Chest tightness Difficulty breathing Burning of the eyes Nasal congestion Runny nose How to prevent occupational asthma Employees can work to avoid developing occupational asthma by avoiding exposure to harmful chemicals an...

About 3 million people are injured in car accidents in the U.S. each year. Sometimes, these accidents could have been prevented by simple car maintenance and driver precaution. To cut down your risk of getting into a preventable accident, read the car maintenance tips below.  According to Esurance , there are six essential tips every car owner should follow to make sure that they (and others) will be safe on the road.  Perhaps most importantly, check your tires. According to safercar.gov, over 11,000 serious accidents occur each year in the U.S. because of tire issues that could have been fixed sooner. As soon as your air pressure light turns on, make sure to fill up your tires to the appropriate pressure, which can be found in the car’s manual. You should also use a pressure gauge to check your tires’ pressure every couple of months. Additionally, rotate your tires every 6,000 miles and realign them if necessary.  Change your oil as needed. Depending on your driving...

Often, when thinking about potential car accidents, people think of the injuries that might be caused by the other driver. But what about the injuries that you could sustain from parts of your own car? Airbag injuries are extremely common during car accidents, even though they are supposed to keep drivers safe. This is because some airbags are defective and may malfunction once deployed, and end up doing more harm than good to the driver.  Research published by the American Medical Association found that “individuals using airbags and seat belts sustained facial injuries at a rate of 1 in 449, compared with a rate of 1 in 40 for individuals who did not use seat belts or airbags.” This shocking statistic proves that while airbags can save lives, they can also cause significant injuries to drivers’ heads and necks.  Common airbag injuries Some commonly-reported airbag injuries include: Scrapes and lacerations to the arms, chest, face, and neck Eye injuries Bruising of ar...

Gastric bypass surgery is a commonly-performed, yet invasive operation that intends to assist obese individuals to achieve their weight loss goals. Over 200,000 gastric bypass operations are performed each year. Despite how common these operations are, surgeons still make mistakes that could jeopardize your health. Keep reading to learn more about the risks involved in gastric bypass surgery and the mistakes doctors can make.  First, it must be acknowledged that simply because a patient experienced complications post-surgery does not mean that they have a reason to file a medical malpractice lawsuit. The patient must be able to prove that their doctor acted negligently or recklessly pre-surgery, during surgery, or post-surgery that a reasonable doctor under similar circumstances wouldn’t have done. It is often very difficult to prove these elements, so hiring an expert attorney to build your case will increase your chances of winning.  Examples of gastric bypass surgery malp...

Every year, Orkin, a nationwide pest control company, releases a list of the cities in the United States suffering from the biggest bed bug problems . New York City is almost certainly always on that list. This year, New York climbed higher to the top of the list. It ranked as the 6th most bed bug-ridden city in the nation. Last year, it was number 8 . Which Borough Has the Most Bed Bug Violations? It’s tough to say which of the city’s five boroughs has the most bed bugs . What we can track, however, are which parts of the city see the highest number of bed bug reports and violations.  According to Localize.city, the following neighborhoods in NYC are the worst when it comes to bed bug violations : Flatbush (Brooklyn) West Harlem (Manhattan) Morrisania (Bronx) Tremont (Bronx) Wakefield (Bronx) Prospect-Leffers Gardens (Brooklyn) Concourse (Bronx) Highbridge (Bronx) Central Harlem (Manhattan), and Belmont (Bronx). As you can see, Brooklyn and the Bronx have the hi...

Walking down the street should not put your life in danger. However, that’s a reality New Yorker face every single day. Sadly, one New York City woman’s recent uptown Manhattan walk was her last. The 60-year-old was struck and killed by falling debris on W. 49th Street. According to reports, the woman was walking next to a building maintained by Himmel + Meringoff Properties when part of the façade came crashing down. She was pronounced dead at the scene, due to blunt force trauma to the head. The Department of Buildings is, in cooperation with building owners, conducting a “full structural stability inspection” to identify why this tragedy might have occurred. While this was clearly an accident, someone can still be held accountable. Her family may seek damages from the building owner, property maintenance group, and/or a government agency to compensate for the pedestrian’s untimely and tragic death. Owners Can’t Just Let Their Buildings Degrade and Collapse When you own prope...