The Second Department of the New York Appellate Division has affirmed a $600,000 award for a teenager who was injured in a Brooklyn subway station as a result of a slip and fall. The New York City Transit Authority (NYCTA), a part of the Metropolitan Transit Authority (MTA), had appealed the decision from a lower court, claiming it was not liable for the slip and fall, and also claiming that the award was excessive. The Second Department disagreed, allowing the decision and the award to stand.… Read the rest
The New York Appellate Division, First Department, has ruled that Travellers, the major insurance company, must defend New York City in a personal injury suit that was brought against it. Travellers had been trying to avoid being entangled in the case, saying that they had no responsibility to defend the city in the suit. However, the court ruled that the contractor’s insurance policy also covered the City, meaning the insurer must defend the City in court.… Read the rest
No one wants to bring a personal injury suit. After all, it means you have been injured as a result of someone else’s negligence, and that means suffering all the consequences of those injuries. However, what some people do not realize is that the symptoms of an injury may not appear until days or weeks after an accident, but you can still potentially get compensation for them. Here are five signs you need to look out for that might hint at a hidden injury:… Read the rest
People slip or trip all the time, and get hurt as a result. Some slip-and-fall injuries are preventable, however, and could be stopped if people took appropriate care to keep their property safe. Unfortunately, some property owners can be negligent about removing hazards from their property, making injuries more likely. Here are six common types of injuries people suffer in slip-and-fall accidents:… Read the rest
The coronavirus quarantine has resulted in most people staying home as much as possible, to avoid contracting or spreading the disease. This has necessarily meant fewer cars on the road, with less traffic and fewer overall accidents. However, if New York City is any indication, these empty roads are encouraging people to engage in reckless driving, with a higher rate of speeding tickets and more dangerous accidents compared to before.… Read the rest
In the most recent issue of the Nassau Lawyer, the Nassau County Bar Association’s newsletter, Ira Slavit of Levine and Slavit, PLLC, wrote about the case of Santoro v. Poughkeepsie Crossings, in which a woman was sued by a nursing home for allegedly causing her mother’s death. Specifically, the nursing home initiated a third-party counterclaim against the woman for allegedly contributing to her mother’s death when she brought a wrongful death suit against the nursing home.
While the nursing home’s claims were ultimately dismissed by the Second Department of the New York State Appellate Division, it is an important case … Read the rest
Ira S. Slavit, attorney at Levine & Slavit, PLLC, has recently published an article in the New York Law Journal. The article, titled “Establishing a Private Right of Action in Personal Injury Cases,” discusses the issue of proving a private right of action in a civil lawsuit. This is contrasted against a public right of action, which is the right of a public agency or prosecutorial authority to pursue a lawsuit.
A private right of action is the legal right of a private citizen to sue another party over an alleged injury caused by a violation of the law, such … Read the rest
Governor Andrew Cuomo has signed a package of limousine safety bills into law, intended to deal with a series of fatal crashes on Long Island and across the state that resulted in calls to address the problem. The laws specifically address the issue of rented stretch limos, which are commonly hired for formal events like proms, weddings and bar mitzvahs, among other similar events. The hope is that the new measures will reduce the number of fatalities caused by limo crashes every year.… Read the rest
PG&E Corp., one of the largest utility providers in the country, has settled numerous lawsuits related to wildfires allegedly caused by its faulty equipment. The lawsuits arose around so-called “jumper cables,” which have been found to have a high likelihood of breaking or malfunctioning, which have resulted in at least 22 wildfires between 2017 and 2018. A federal judge has approved a settlement for these wildfire suits, resulting in a payout of $13.5 billion to victims, in the form of both cash and PG&E stock.… Read the rest
Research has shown that pedestrian deaths increase in the period immediately after the end of Daylight Savings Time. The combination of fewer daylight hours plus the sudden shift in people’s sleep schedules has the combined effect of drastically increasing the danger to pedestrians in the weeks immediately after the “fall back” to Eastern Standard Time. Nassau County has recently announced a plan that would hopefully reduce the number of pedestrian fatalities that occur as result of the fall back.… Read the rest