Open and Obvious Defense Clarified in a Case of Optical Confusion

If I had a dollar for every time a defendant argued in a summary judgment motion that it was not negligent because the condition that caused my client’s accident was open and obvious. With words that every defense counsel (and Judge) should never overlook, the Appellate Division, First Department opened a recent opinion with the sentence: In this personal injury … Read the rest

Two Cases This Month Where Doctors’ Failure to Timely and Properly Treat Immunizes Them From Suit

Theres much talk these days about the proposed $250,000.00 cap on recoveries for pain and suffering in medical malpractice cases. I’ve seen a television advertisement crowing how medical malpractice reform will enhance patient safety (without mentioning the proposed cap), when common sense fails to explain how reducing a doctors or hospitals potential liability will make them act with more care … Read the rest

NYC Makes No Bones About It: Obey The 30 MPH Speed Limit or You’ll See a Skeleton

Throughout New York City and other places, drivers are becoming accustomed to seeing radar-equipped speed boards that tell them how fast they’re going, and flash when their speed exceeds the speed limit. This past week Mayor Michael R. Bloomberg and the NYC Department of Transportation (DOT) announced that some of the speed boards will now also show the words SLOW … Read the rest

Study Shows Cost of Average Dog Bite Claim Has Grown By 37 Percent from 2003 to 2010

With National Dog Bite Prevention Week upcoming on May 15-21, the Insurance Information Institute (I.I.I.) has released a statement concerning the costs that result from dog bites based on an analysis of homeowners insurance data. I.I.I. statistics show that from 2009 to 2010, the average cost of dog bite claims rose from $24,840 to $26,166, up 5.3 percent, although the … Read the rest

Buildings Department Announces New Citywide Safety Campaign To Encourage Construction Workers To Use Proper Fall Protection

Entitled Experience Is Not Enough, the new multi-lingual campaign is designed to emphasize that all workers must use proper fall protection, such as safety harnesses, guardrails, and netting, regardless of how long they have worked in the construction trades and how much experience they possess. A worker falling is the most common construction related accident in New York City, representing … Read the rest

The New Move Over Law Gets Personal

No, I didn’t get a ticket for failing to obey the new Ambrose-Searles Move Over Act that requires drivers to exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder of a road or highway with its emergency lights activated. More specifically, on parkways, interstates, and other controlled access highways … Read the rest