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Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

Municipality Liable for Slip and Fall on Black Ice Even Without Prior Written Notice

Posted On Jan 2, 2011 @ 12:14 AM by Ira Slavit

 

Slip and fall cases can be notoriously difficult cases in which to prevail, especially when the location of accident is on a public area, such as a sidewalk or a parking lot. A key requirement is often the existence of prior written notice to the municipal property owner. But recently the Court of Appeals in San Marco v. Village/Town Of Mount Kisco, 2010 WL 5104993, 2010 N.Y. Slip Op. 09197 (December 16, 2010), held that since the black ice hazard at issue may have been created by the municipality's negligent snow removal efforts, and, if so, the municipality may have known of the hazard, the defendants motion for summary judgment was properly denied.

The plaintiff alleged that she

New York City Not Liable to Bystanders Shot By Police During Daylight Exchange of Gunfire on Public Street

Posted On Dec 19, 2010 @ 10:54 AM by SEO Admin

In the Court ofAppeals decision inJohnson v. City of New York, 2010 WL 4720753 (November 23, 2010), five police officers got into a shootout with a robbery substance at 126th Street and Lenox Avenue in Manhattan. Plaintiff Tammy Johnson was playing with her 18-month-old daughter and socializing with neighbors on 126th Street near her residence when she heard gunshots, and she and her daughter took cover by lying on the ground behind an SUV. An errant bullet struck Johnsons elbow, and she commenced a negligence action against the City on behalf of herself and her daughter. A divided Court of Appeals affirmed the Appellate Divisions dismissal of the suit. Johnson opposed the City's motion and cross moved for summary judgment on liability, claiming that the officers violated Police Procedure No. 203.12, entitled Deadly Physical Force, which sets forth the guidelines for the use of firearms. The relevant gui

Hospital Admissions for Dog Bites Increase 86 Percent Between 1993 and 2008

Posted On Dec 17, 2010 @ 02:09 AM by SEO Admin

According to the latest News and Numbers from the Agency for Healthcare Research and Quality (AHRQ) , on average 866 people had to go to the emergency department daily and 26 people were admitted to the hospital daily for treatment of dog bites in 2008. That is an 86% increase in 16 years. The 2008 numbers are broken down into categories such as the age of the victim, the treatment necessary, and the hospital cost of treating dog bites. Seniors and young children were most likely to be hospitalized for a dog bite. For 65-84 year olds, there were 4.5 hospital stays per 100,000 people, for people age 85 and older, there were 4.2 stays per 100,000 and for children under 5 there were 4 stays per 100,000. Compared with urban residents, people in rural areas m

U.S. Consumer Product Safety Commission to Get Involved in Improving Football Helmet Safety

Posted On Dec 12, 2010 @ 01:35 AM by SEO Admin

Football helmet safety standards are currently set by the National Operating Committee on Standards for Athletic Equipment (NOCSAE), a nonprofit corporation. The testing method used today is essentially the same as was established in the 1970s. The original goal was to prevent sudden death, skull fractures and brain bleeding in football, a goal that has been achieved. But the hot topic today in football is concussions, an injury todays football helmets cannot eliminate. The NFL acknowledged that the lack of a perfect helmet contributed to its decision to use big fines and the threat of suspensions to cut down on dangerous hits.Earlier this month Inez Tenenbaum, the head of the Consumer Product Safety Commission (CPSC) said at a Senate Commerce subcommittee hearing that her agency is working to impr

U.S. Consumer Product Safety Commission Advises General Rules for Holiday Safety

Posted On Dec 2, 2010 @ 08:51 PM by SEO Admin

Trees, snow, lights, candles, trimmings, fires and paper are all signs of the season. They are also potential hazards. With safety in mind, the U.S. Consumer Product Safety Commission has posted on its website a pamphlet with highly useful information about enjoying these seasonal activities. The pamphlet includes some General Rules for Holiday Safety, as follows: Keep matches, lighters, and candles out of the reach of children. Avoid smoking near flammable decorations. Make an emergency plan to use if a fire breaks out anywhere in the home. See that each family member knows what to do. PRACTICE THE PLAN! Avoid wearing loose flowing clothesparticularly long, open sleevesnear open flames - such as those of a fireplace, stove, or candlelit table. Never burn candles near evergreens. Burning evergreens in the fireplace can also be hazardous. When dry, greens burn like tinder. Flames can flare out of control, and send sparks flying into

Weight of Falling Object, Not Just Height Differential, Can Implicate Absolute Liability Under Labor Law

Posted On Nov 30, 2010 @ 03:21 AM by SEO Admin

The 39-foot, 1,300-pound rail fell only 12-16 inches onto plaintiffs right leg. It occurred when the plaintiff and his coworkers were using rail hooks to move the rail on top of another rail at the Steinway subway station in Queens. Upon the callman's signal, the plaintiff's coworkers began lifting the rail off the ground, but the plaintiff's hooks were not in place and he was not ready to begin lifting. This allegedly caused the team to lose control of the rail and resulted in the rail falling. Under this scenario, there is an issue of fact whether Labor Law 240(1) applies, holds the Second Department in Gutman v. City of New York, 2010 WL 4678914 (November 16, 2010).

The defendants contended that the 12-16 inch height differential was insufficient to implicate the Tagged with: Personal Injury Construction Accidents Construction Accident Labor Law

Appellate Division Lets Plaintiff Keep $1.2 of $1.75 Million Verdict for 1-2 Hours of Decedents Pain and Suffering

Posted On Nov 25, 2010 @ 04:30 AM by Ira Slavit

In Dowd vs. New York City Transit Authority, 2010 WL 4678916 (November 16, 2010), the 79-year old decedent was struck by a bus that was backing out of a parking space at the bus terminal located at 165th Street and Merrick Boulevard in Queens. Part of the maneuver needed to exit from the parking space required a bus operator to reverse the bus, encroaching on the sidewalk that ran along Merrick Boulevard, before moving forward to exit on 89th Avenue. Because of a blind spot directly behind the bus, bus operators are advised that they are to ask a responsible person to guide them when they are backing up, and to avoid backing up a bus alone. The accident occurred at 6:20 A.M. on June 2, 2006, when the bus driver sounded his horn and reversed slowly out of the spot with the reverse alarm automatically sounding. The

Five-Year Old Big Apple Map Held Not Too Old to Create Prior Written Notice Against NYC for Sidewalk Defect

Posted On Oct 26, 2010 @ 11:43 PM by SEO Admin

Ive wondered about this. Beforethe law changed in 2003 and in most cases made abutting property owners, rather than the Cityof New York,responsible to those injured on sidewalks, Iwouldexplain to clients whohad fallen on a public sidewalk in the City that the City would not be liable (assuming it did not create the condition) unless it had received prior written notice of the defect,clients would ask Who would do that? Clients were happy to hear the answer: The Big Apple Sidewalk and Pothole Protection Corp. which prepared and filed maps showing the locations of sidewalk defects. But when the law changed, Big Apple stopped filing the maps. Current accidents where liability against th

More Statistics From the National Census of Fatal Occupational Injuries - Falls, Construction Workers, Minority Workers

Posted On Sep 14, 2010 @ 11:46 PM by SEO Admin

Certain statistics from the Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor preliminary results of its 2009 National Census of Fatal Occupational Injuries warrant more attention than in our last blog post. Thestudy contains specific tables analyzing fatal falls by the type of falls, fatal work injuries in the private construction industry by the type of work being performed, and the demographic relationship between workers and fatalities. Fatal falls by type of falls: From ladder - 20% From roof

Workplace Injuries in 2009 at Their Lowest Since Being First Compiled in 1992

Posted On Sep 11, 2010 @ 03:08 AM by SEO Admin

The Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor released its preliminary results of its 2009 National Census of Fatal Occupational Injuries last month. A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992. The B.L.S. suggested some economic explanations rather than better safety practices for the results. The B.L.S. noted that total hours worked fell by 6 percent in 2009 following a 1 percent decline in 2008. In addition, some industries that have historically accounted for a significant share of fatal work injuries, such a

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