On October 15, 2003, the Staten Island Ferry vessel Andrew J. Barberi missed its dock and hit a maintenance pier at full speed. Eleven people were killed and 71 injured, some critically. Yesterday the same ferry lost some of its engine ability to slow and stop and slammed into a pier. Nearly 40 people of the 252 people on board were taken to hospitals. People were treated for injuries including cuts, bruises, broken bones and head trauma. After the first crash, which resulted when the ships pilot became incapacitated and no other crew member was in position to help, the City of New York unsuccessfully tried to claim that its liability to those who sustained personal injuries was limited to the value of the vessel and pending freight pursuant to an 1851 federal statute. Had the City been successful, its liability would have been limited to $14.4 million, far less than what it has paid and will pay for the injuries sustained in that accident. The pilot, who had been i
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Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx
The dead mans switch is a handle the subway operator must keep depressed while the train is in motion. If the train operator lets go, the train will stop immediately as if an emergency brake was pulled. Every subway train comes equipped with a dead mans switch. Last week a motorman of a G train in Long Island City was pulling out of the Court Square station when it suddenly stopped. The conductor walked to the cab and found the motorman unconscious, having suffered a fatal heart attack while the train was in motion. Because the train automatically stopped there were no injuries. In another incident, last Mondaytrack crew supervisor James Knell, 45, was electrocuted when he fell onto the electrified third rail on the elevated Rockaway Shuttle.Under NYC Transit's own safety rules, Knell shouldn't have been working near the uncovered third rail because of the wet conditions tha
Deciding whether to have back surgery after a motor vehicle or other type of accident is a decision our clients often have to make. It is usually not an easy decision. No doctor in his or her right mind will guarantee the results of surgery to the contrary, in making sure not to do so, many doctors scare their patients when rightfully advising them that they may feel worse after the surgery. More than one client who had surgery have lamented that they wish they never had the surgery, especially when spinal fusion has been performed. Their concerns have been confirmed in a just released study that shows that invasive fusion procedures are associated with a higher risk of life threatening complications. The study was published in
Amongst the most compelling aspects of this weekends historically strong storm is the number of fatalities that resulted from falling trees. Six people were reported to have been killed as a result of the storm that knocked down hundreds of trees in the New York City area. Any attempt to sue the owner of the trees for personal injuries or wrongful death will likely be met with the defense that the storm was so unusually violent a wind gust of hurricane force (75 MPH) was recorded at Kennedy Airport that the tree falling was an Act of God for which no person can be blamed negligence. But even conceding the unusual circumstances, that may not be the end of the case.
Property owners have a duty to maintain their property, including trees situated thereon, in a reasonably safe condition.
At first it was coffee. Now its chicken sandwiches and cancer. Perhaps the greatest propaganda tool for the insurance industry in its self-serving campaign against supposedly frivolous lawsuits is the so-called McDonalds Case where the plaintiff sued for spilling hot coffee on herself. Never mind the hundreds and hundreds of prior complaints against the coffee McDonalds deliberately super-heated in order to keep customers from realizing just how bad it tasted, or the third-degree burns to sensitive, private areas requiring grafting. Carnival operator Frank Sutton sued McDonalds after suffering burns to his lips when he bit into a chicken sandwich at a McDonald's at a truck stop in the far corner of southwest Virginia. Grease supposedly flew all over the inside of his mouth. He says the scars are still visible on his lower lip and that he has to take precautions to keep it out of the sun to avoid further damage. The U.S. District Court dismissed the l
On July 30, 2002 legislation requiring the installation of carbon monoxide detectors in all new residential construction in New York was signed into law. The law required new construction to contain at least one carbon monoxide detector. But spurred by the tragic death of Amanda Hansen, a 16-year-old West Seneca, NY girl who died January 20, 2009 from carbon monoxide poisoning from a defective boiler while sleeping at a friends house, Amandas Law went into effect on February 22, 2010. It requires essentially all residences, both new and existing, to have a carbon monoxide alarm installed, and new construction to sometimes have more than one. Existing one and two family residences will be required to have one carbon monoxide alarm installed on the lowest story having a sleeping area. In new construction,dwellings constructed on or after January 1, 2008, a carbon monoxide alarm shall be installed on each story having a sleeping area and on each story where a ca
One of our negligent security cases, Benson v. Monte Carlo, LLC, (Nassau County, Supreme Court Index # 016489/2007) made the front page of today's New York Law Journal. We successfully opposed the defendant's motion for summary judgment, and an article appears in the newspaper discussing the decision of Hon. Thomas Feinman, dated February 23, 2010, that denied the motion. Our clien
It is a long-standing rule in New York that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. A major impact of this rule upon personal injury practice is that it precludes a defendant in a case brought on behalf of a minor from bringing a claim (by either a counterclaim or a third-party impleader) against the minor's parent for contribution on the basis of negligent supervision. It would not be difficult in almost any situation for a defendant to concoct a theory as to how a parent, whether present at the accident scene or not, could have done something that somehow might have prevented the accident from occurring. One can easily imagine the tension between parent and child in such a circumstance. In fact, the parent could easily be deterred from
Once in a while discussions about injuries resultant from playing Nintendos games are published. Ailments have humorously been labeled "Nintendinitis" and recently more specifically as "Wiiitis," referring to Nintendos Wii video-game system. The Wii games console includes a wireless remote that detects movement in three dimensions for players participating in sports such as tennis, golf, boxing, baseball, and bowling. Wiitis may become a more prevalent problem because adults are more likely to use the Wii than Nintendo. The current issue of The New England Journal of Medicine (Karen A. Eley, M.R.C.S.(Ed)) reports that a 14-year old in Oxford, England was diagnosed as having sustained a small fracture of the base of the fifth metatarsal after falling off of a Wii Fit balance board. The Wii Fit uses a pressure-sensitive board about 2 in. off the ground in the place of handheld
No Legal Recourse for Injured Teacher Who Faced the Stark Choice Whether To Resign and Abandon Her Class or Continue to Teach in a Dangerous Situation
A New York City public school teacher has a student in her special education class that she believes poses a danger to the safety of her classroom. The student had been verbally and physically aggressive for several months. The students increasing behavioral problems included bringing a knife to school, which resulted in a week's suspension. The student frequently punched, kicked and threw various items at his classmates. He also threatened to kill the teacher, another teacher, and his fellow classmates on numerous occasions. Concerned about the student's behavior and the classroom safety risks it presented,the teacher and her supervisor submitted to the Board's Committee on Special Education a written recommendation to remove the student from plaintiff's classroom and place him in a learning environment better equipped to his highly problematic conduct. The school's supervisor of special education and the principal had both told her that things were being worked