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Posts tagged "New York Injury Lawyer"

When a Child is Attacked at School. Who is Responsible?

As reported in the New York Daily news, a 16-year-old high school student, Stephauan Powell, and his mother are suing Lehmann High School in the Bronx for $5.5 million in damages, claiming that the school and the Department of Education failed to protect the 16-year-old from intentional violence on school property. 

What is the Price for Love?

When a loved one gets into a car accident and is seriously and permanently injured, the family will be forever changed by the injury. Not only may the loved one no longer be able to work or move around in the same way, but he or she may act or see the world differently than before. An injured spouse can change the entire dynamic of the marital relationship, especially if the injured spouse requires a certain level of care and/or can no longer live in the same capacity as before the injury.
When deciding whether to enter into a suit against the party who injured your spouse, there are a variety of actions that you may decide to take. It is, however, possible for you, as a non-injured spouse, to have your own legal remedies, especially if the accident changes your marital life completely. This right of action, as recognized by New York law, is known as a "Loss of Consortium." 

Dog Attacks: When a Bite is Worse than a Bark

In the past, dogs have been one technique to provide aggressive security in the home, when other measures like alarms are considered passive and only alert authorities. However, alarms are not the type that will get owners thrown into jail or stuck with a substantial settlement fee. There have been many news articles surrounding attacks by vicious dogs through New York City, and it is a terrible fate for those who suffer inadvertently for an attack.
One such incident involved a 115-pound bull mastiff, which attacked two 13-year-old boys; one of the boys was found dead hours later. Another recent story involved a dog in Chelsea who, in the last two years, has bitten eight people. The Health Department is currently determining what will be the future of the dog: whether it will be required for the dog to be muzzled or even relocated. 

Pro-Worker Scaffold Law Under Fire

A recent study published jointly by the Cornell University Department of Policy Analysis & Management and SUNY's Nelson A. Rockefeller Institute of Government might have a huge, anti-worker impact on the way construction accidents in New York City may be litigated. A hotly-debated New York State's Labor Law 240, also known as the Scaffold Law, is under fire by opponents of the law, attempting to show the deleterious effects the law has on both the local construction industry and economy.
The Scaffold Law was originally passed on May 22, 1885, and, after many amendments, the law was broadened and determined that the employer had an "absolute duty" to provide safe scaffolding equipment, and may be strictly liable for any injury that resulted from the use of the scaffolding equipment. This means that 100 percent of the responsibility for the accident rests with the construction company and employer. 

New Proposed Bill to Force Landlords to Foot Relocation Costs

A new bill, as published in Crain's New York Business, has recently been introduced by Councilwoman Margaret Chin which would require NYC landlords to foot the bill for situations in which tenants are unable to return to their apartments because of a fire or other illegal or dangerous conditions. Property owners would be required to put in the equivalent of at least 10 percent of the past five years of a building's rent into an escrow account when a building is shut down, and the escrow funds would be used to help displaced residents that are without funds to find a place to stay in the meantime. This effort would save taxpayers from having to pay for the relocation costs themselves, especially since many of the vacate orders are issued against property owners who do not adequately care for their property. In 2013, New York City's Department of Buildings issued 1,496 partial-vacate orders that shut down portions of a building, as well as 346 full-vacate orders. 

"Spiderman" Actor Files Suit Against Producers for Injuries

An actor in the popular Spiderman musical who was injured last year during a performance has filed a lawsuit against the show's producers, engineering consultants, and others. Back in August of last year, the actor's foot was caught between the mechanical lift and the stage. According to the actor's spokesperson, he has had to undergo significant surgery and even an unspecified amputation. Currently, the actor is out of the hospital but requires frequent physical therapy.
The actor alleges that the mechanical lift he was using while injured was known to be unsafe. He claims that he was told by producers that the lift was safe and that he was using it according to the instructions given to him. The lawsuit argues that because the producers knew that the machinery was dangerous and did not take the necessary safety precautions, they were negligent.
According to the report by the New York Times, several other actors have been injured on the set of Spiderman, including one who filed a $6 million lawsuit for his serious injuries. 

Cement Truck Accident in the Bronx Kills Driver

Earlier this week, a cement truck veered out of control in the Bronx and crashed into a residential building, killing the driver. According to a story by CBS New York, the truck accident occurred shortly after 6 p.m. in the University Heights neighborhood. Apparently, the driver was speeding of the highway, honking his horn and seemingly driving out of control. The truck smashed into cars along the road until it ran into the three-story residential building. As the truck slammed into the building, it actually broke through the front of the building and ended up partially inside.
The driver of the cement truck was pronounced dead at the scene. Several others, including a firefighter and those whose cars were hit by the truck, suffered injuries. Police say that the driver of the cement truck may have suffered a heart attack at the wheel, causing him to lose control and run into the building. It is not clear if the driver died before the collision or because of the collision. 

Chain Reaction Crashes and Proximate Cause Under the Law

In a city the size of New York, you can expect car accidents to happen on a daily basis. With millions of residents traveling every which way virtually around-the-clock, it is inevitable that mistakes will be made that lead to collisions. In fact, with such crowded streets and area highways, it is not uncommon for a single mistake to ensnare many travelers at once.

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