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Our injured client, a 61-year old female home attendant, tripped and fell , when an employee at the St. Barnabas Hospital Occupational Therapy Department unthinkingly placed a step stool directly behind our client’s feet, just as our client’s back was turned to help her own patient get ready for occupational therapy. Our client took one step back and tumbled right over the step stool.  Due to the clear severity of our client’s injuries, she was immediately taken to St. Barnabas’s Emergency Room with excruciating pain in her left leg. In fact, she had suffered a fracture of the left femur, a broken thighbone. The thighbone is one of the strongest bones in the body, but the fall was so forceful and broke the bone so badly, the doctors at St. Barnabas told our client only surgery could repair it.   The doctors however would not perform the surgery, because our client’s leg was severely swollen around the fracture site.  As a result, her fracture did not heal properly and s...

Nationwide, over 100 pedestrians are killed each year while walking past construction sites . Since it is impossible to completely avoid passing near all construction sites, especially in a large city like New York, both property owners and construction companies owe a duty of care to members of the general public who may enter the property or pass nearby. This duty extends beyond just putting up fences and “Keep Out” signs. Bystanders should also be protected from falling debris, spills, and dangerous chemicals. Signs should be visible and clear. Barricades should be placed in such a way as to keep the public at a safe distance from danger zones. Hazardous chemicals should be contained. A contractor who fails to protect the public from these and other risks can be held responsible for injuries. If you are a pedestrian that has been injured on a construction site you have the absolute right to bring a lawsuit for the injuries you have suffered. Call a New York Injury Attorney If yo...

Construction Workers Each year, thousands of construction workers are killed or injured on the job.  More than in any other industry. In New York city, construction is one of the deadliest occupations. Just last year, one worker was crushed to death by a crane, and another killed by a fall from a scaffold. These are just two of the nearly 60 New York construction workers killed on the job last year. Thousands of others were injured, and many of those injuries are permanent. The construction industry is so dangerous, that New York state passed the Scaffold Law, which makes employers and property owners liable for injuries sustained from falls if proper safety standards are not met and/or proper safety equipment is not provided. If you are a construction worker that has been injured on a work site you have the absolute right to bring a lawsuit for the injuries you have suffered. Call a New York Injury Attorney If you are injured at a construction site, either as a worker, invit...

Pedestrians Being Struck by Trains The Metropolitan Transit Authority reported 621 incidents of people on subway tracks or struck by subway trains, leading some to call for additional safety precautions to make it more difficult for people to fall or step onto tracks. One woman was killed and another injured in December of 2019 when they stumbled onto the tracks between two subway cars in Brooklyn.  Witnesses tried in vain to stop the train from leaving the station, and by the time the conductor applied the emergency brake, it was too late. Liability for Accidents The operator of a train may be responsible if passengers are injured during sudden, unnecessary stop, or if the train is operated unsafely. Hazardous material or conditions on trains may be the responsibility of the agency operating the train. Call an Expert If you have been injured on or by a train in New York, your first question may be, “Who is responsible for this?” With years of combined experience, the personal...

It happens to all of us – one moment you are walking along, and the next thing you know, you are flat on the ground.  Slip and falls are the #1 cause of injuries. Over eight million people end up in hospital emergency rooms every year from slip and fall injuries. Slip and fall injuries account cause more deaths and permanent disabilities than any other accident worldwide. What may at first seem like a trivial injury from a slip or fall could lead to lost income, mountains of medical bills, a possible long and painful recovery, and even permanent disability. If the accident was caused by poor maintenance, a lack of light, a broken sidewalk, missing treads on steps or other carelessness by the owner or entity in charge of the property—including the City of New York–you may be entitled to compensation from your losses. To make sure that you have the best chance of getting the full compensation that you deserve, make sure you know what to do if it ever happens to you. Gather as Mu...

The National Safety Council reports that over 12,000 people died in 2018 from falls in public places. The NSC describes these deaths as preventable, meaning that, for each of those victims, someone else’s carelessness led to tragedy. When falls and other accidents occur on public or private property, the owner’s responsibility is known as Premises Liability. The legal concept of premises liability refers to the duty of a property owner to exercise reasonable care to protect his guests. This duty can even extend to trespassers in some circumstances. Possible Hazards  The types of dangers you might expect to find in public and private buildings include: Water from leaky roofs, pipes, or appliances Loose handrails, steps, carpets, or flooring materials Electrical hazards from unprotected light sockets or electrical wires Objects left in walkways Accidental drownings in unattended swimming pools Unsecured signs, pictures, or other objects Crushing injuries from shelving, stor...

According to news reports, three workers were injured in Brooklyn when they fell down an elevator shaft . The men were members of a construction crew working on a building under construction at 170 Tillary Street. While standing on a work platform in an elevator shaft, the workers fell to the bottom of the elevator shaft when the platform collapsed. Before it gave way, the platform was on the fourth floor of the building. All three men went to Methodist Hospital with non-life-threatening injuries. The Department of Buildings was investigating the accident. Enforcement actions were pending the completion of the investigation. Elevator Accidents are Deadly According to the Center for Construction Researching and Training ( CPWR ), elevators pose a serious risk of injuries and death to individuals installing, maintaining, or repairing the elevators. From 2011 through 2016, 145 construction workers died from elevator-related injuries. That is approximately 24 deaths per year. Constru...

The consequences of using your cell phone while driving in New York span from traffic charges to civil liability. Many states have placed bans on texting while driving or the use of handheld phones. Using a cellphone while driving can result in fines or even criminal charges. The reason why the NYPD could give you a ticket is that many sources agree that use of a cell phone while driving can be a deadly distraction. By prohibiting the use of cellphones while driving, the state is trying to prevent distracted driving accidents . You Could Face Criminal Charges for Using Cell Phones While Driving in New York New York has banned the use of all handheld mobile devices while driving. According to New York State law, you cannot hold a portable electric device while driving for any reason, including talking on your cell phone. There are a few exceptions. A driver can use a cell phone or portable electronic device to call 911. A driver may also use a cell phone or other handheld device to...

It has been more than 100 days since NYC had its first COVID-19 case confirmed. More than 210,000 people would become infected with coronavirus and almost 22,000 people would die. However, after three months of being shut down, New York City begins to take the first steps to reopen after the coronavirus pandemic began. Some businesses were allowed to reopen, and thousands of individuals were allowed to return to work. Hundreds of thousands of jobs were lost during the shutdown, and some businesses may never reopen. It will be a slow process to reopen and recover fully from COVID-19. Officials are cautious and watching the numbers. Cities and states throughout the country, especially in the southeast, that rushed to reopen are seeing sharp rises in the number of new COVID-19 cases. New York City officials and state agencies will monitor NYC during the phased reopening for any signs of a resurgence in the number of new coronavirus cases. How Does New York City’s Reopening Look? Sever...

In some cases, a personal injury claim may involve a criminal charge against the person who caused the injury.  A common example of this situation is a car accident involving a drunk driver. DUI accidents can result in criminal charges and civil claims against the intoxicated driver. Regardless of whether a person is charged with DUI after an accident, if that person caused the accident, you may be entitled to compensation for your injuries. However, the criminal charges and any civil claim you may have are separate. The cases are handled by different courts and require different evidence to prove the allegations against the driver. How Is A Criminal Prosecution Different From A Civil Case? In a criminal prosecution, the state must prove the elements of the crime for the court to find the person guilty. In a drunk driving case , evidence may include testimony from the arresting officer, results of chemical testing, and evidence gathered during field sobriety tests. The prosecut...

According to news reports , an MTA bus suddenly drove onto the sidewalk on May 19, around 6:20 p.m. The bus accident occurred near the intersection of Brownsville’s East New York and Ralph avenues. The bus struck two parked vehicles, a street sign, and three small trees. No one on the bus was injured in the accident. Four people sustained injuries because of the bus accident , including one pedestrian. It is believed that the bus driver lost control of the vehicle because of a medical episode. As of the date of the news report, the bus driver had not been suspended, but he was not driving a bus, pending the results of a review by the Metropolitan Transportation Authority (MTA) and the New York Police Department. The MTA provides service for first responders, health care workers, and other essential employees during the coronavirus pandemic. Bus Accidents Can Cause Serious Injuries Millions of people ride the New York City MTA buses each year. They depend on these buses to get to ...

Protests demanding that states and cities reopen continue around the country.  Some small business owners in New York City defied statewide orders to remain closed. Over Memorial Day weekend, some non-essential New York City small businesses reopened. Small business owners are frustrated with Gov. Andrew Cuomo and local officials. They claim that the city and state are keeping small businesses closed even though businesses are reopening in other parts of the country. Small business owners in New York City have lost millions of dollars during the coronavirus shutdown. Many owners fear they will not be able to overcome the financial hardship caused by the COVID-19 pandemic. Other owners have secretly remained opened in defiance of state and local laws. Groups of small business owners have stated they will begin to reopen regardless of the orders to remain closed. Some people understand the frustration felt by small business owners. Yet, many people fear reopening too soon will re...

NOTE: We only handle cases involving accidents and injuries. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship. We cannot help you beyond the information provided below if you are interested in getting a pet tiger. Many people want to own tigers as household pets. However, the laws of New York State prohibit the possession , exchange, sale, import, transfer, or barter of wild animals as pets. The law also prohibits the intentional release of wild animals owned as a pet. New York Consolidated Laws ENV §11-0103(6)(e) defines wild animals as: Nonhuman prosimians and primates; Cats, except for domesticated cats; Dogs, except for domesticated dogs and captive-bred Fennec foxes; Bears; Most venomous reptiles; and, Crocodiles. If you live in New York City , the list of prohibited animals as pets is longer. It is always best to check with your local government...

NOTE: We only handle cases involving accidents and injuries. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship. We cannot help you beyond the information provided below if you have been denied unemployment. Since the Coronavirus pandemic began, more than 1.2 million New Yorkers have filed for unemployment benefits.  The state’s unemployment system has long been fragile because of its reliance on 1970’s technology. The flood of new benefit claims has strained it even more. The result is that the benefits are being delayed or denied for many New Yorkers. How Can I Get Help with My Unemployment Claim? With the help of volunteer lawyers, the New York Bar Association is offering free help with getting your unemployment benefits. The more than 800 lawyers are from throughout New York and specialize in appealing denials of unemployment benefits. There’s...

When you’re in a car accident , all too often the damage isn’t limited to your vehicle. The sudden jolt can send shock waves throughout your body. Even a small fender bender packs more than enough punch to seriously impact your body. Your neck and lower back are especially vulnerable from the sudden jerking motion that comes with the sudden stop of a two-ton vehicle. Why Your Spine Is so Vulnerable During an Accident Your spinal cord , which runs from the end of the brain stem to the lower back, is an incredibly complicated structure. It’s also just as delicate. Stretching about 18-inches in length, the spine is divided into four areas, each of which controls the nerve endings of certain parts of your body. Each of the four areas of your spine is responsible for controlling various parts of the body. The cervical region controls the neck area, protects the brain stem and allows for the movement of your head. The thoracic region controls the upper torso and protects crucial orga...

When you have trouble with your car, it’s only natural to trust the expertise of a mechanic or auto repair shop to fix things.  What happens, though, if you later get into a car accident and suspect work done on your car was negligent and caused the accident?  Because determining liability in a car accident can be tricky, it pays to be aware of your rights to get the justice and compensation you deserve. While small claims court handles most claims for car repair issues, you could bring a claim for much more damages if you suffer an injury because of the negligence. These cases should be taken seriously, especially if the accident caused severe injuries or the wrongful death of someone involved. Do I Have the Right to Sue For Negligence? Just about anyone – including individuals, businesses, and organizations – can be held liable if their failure to provide a certain level of care leads directly to someone else’s injuries. This includes mechanics and auto repair s...

Before your doctor can legally treat you, your permission – or consent – is required. In times of an emergency, though, implied consent based upon your actions rather than actual communication could be used to give treatment.  If things go wrong and you want to file a personal injury claim based upon medical malpractice afterward, things can get a bit hairy – especially when it comes to implied consent.  How Do I Give Express Consent For Treatment?  In most cases, you give expressed consent by signing forms and other papers.  However, before you sign those papers, your doctor must tell you: An overall explanation of the condition  A description of the treatment or procedure What results you should experience from having the treatment, as well as possible results from not having it Any possible risks or complications from having the treatment Alternative forms of treatment that could work. The doctor also has the responsibility to make sure you unde...

As the COVID-19 pandemic continues to wreak havoc in all five boroughs of New York City, some commentators have suggested that a declaration of martial law may help to stop the spread of the virus. But what exactly is martial law? And how would it affect a city like New York? What is Martial Law? The ability to declare martial law is a power that is vested in the Governor of New York State. According to MIL § 6 of the Consolidated Laws of New York: “The Governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into the active service of the state for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is i...

An initiative that began on Staten Island last year is now a policy in New York City. As of April 6, 2020, motor vehicle accidents that only result in property damage do not need to be reported to the police department. Officials hope the timing of the policy expansion limits contact during the pandemic to help keep people safe. Process for Reporting Non-Injury Vehicle Collisions in New York City According to the NYPD , drivers no longer need to call 911 to report car accidents that result in property damage only. However, individuals who feel threatened or cannot move their vehicle may still call 911 for assistance. If any of the following situations apply, the drivers must remain at the accident scene and report the crash to the police immediately: A person is killed or injured; A domestic animal is killed or injured; or, A parked car or other property is damaged and the party cannot locate the owner. Otherwise, drivers are required to exchange information with the other dr...

Tattoos are a form of permanent art and body modification. To get a tattoo, an artist inserts ink into the dermis layer of skin using a needle. Tattoos can be of any image and can include multiple colors. Recently, permanent make-up has also become more popular. This is where a tattoo artist uses ink and a needle to create permanent make-up looks like eye-liner, lip liner, or eyebrow filling. Tattoos are common. In 2015, a survey found that about 3 out of 10 Americans had at least one tattoo . While tattoo artists are regulated by states, it is not a perfect system. Things can and do go wrong. If you are thinking about getting a tattoo, you need to make sure you do your due diligence on the tattoo artist you want to use and the risks of getting a tattoo. Types of Tattoo Infections Infections from getting a tattoo are more common than you think. They can be minor infections that go away on their own or they can become major health issues that need medical intervention. Some common ty...