Legal News Archive November 2012 Image

Legal News Archive: November 2012

Social Responsibility When Witnessing Incidents on the Road

November 30, 2012 | Finz & Finz, P.C.

Social responsibility.  In its simplest terms social responsibility means taking action by communicating alerts that help us and others avoid harmful situations, most often defined by the obligation to report an incident that could affect someone negatively in some way.   

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Additional Info: Accidents

Don’t Slip Up When It Comes To Icy Conditions

November 28, 2012 | Finz & Finz, P.C.

The East Coast and the Midwest are no strangers to weathering the brutal winter storms that invade their regions every year.  Icy conditions are treacherous for drivers, pedestrians and those who step out the front door to retrieve the morning paper.  

Continue Reading: Don’t Slip Up When It Comes To Icy Conditions

Additional Info: Snow & Ice Accidents

Hold the Presses! Injuries in the Fast-Paced World of Printing

November 28, 2012 | Finz & Finz, P.C.

Digital technology is slowly eliminating the traditional need for print shops and quick copy storefronts. But, old-school print house operations are still in existence serving businesses with print needs, and employing millions of people nationwide.  They’re not going anywhere, despite the capabilities of Print on Demand and on-line ordering platforms like Vista Print and Shutterfly.

Continue Reading: Hold the Presses! Injuries in the Fast-Paced World of Printing

Additional Info: Products Liability

The Snow and Ice Case-A Slippery Slope

November 26, 2012 | Former NYS Supreme Court Justice Leonard L. Finz

Nature’s fury can be most frightening. It can lash out with a category 3 hurricane leaving thousands in a struggle for survival. It can create a massive tsunami thus creating a towering wave that can uproot houses, bridges, and tractor-trailers, sweeping them away like they were children’s toys. It can shatter hitherto impregnable skyscrapers in a populated city through a giant earthquake that can cause the needle on the Richter scale to fly off the charts. It can produce torrents of rain with such enormous intensity and duration as to build mountainous surges and devastating floods. It can produced winds of such force and magnitude as to literally destroy anything that remains in its path. It can produce blizzards of snow so heavy and deep as to shut down the most urban of cities leaving them isolated and cut-off from any outside contact. And yet, conversely, it can also produce traces of snow and ice however small, but enough to create a dangerous and hazardous condition to a pedestrian who can easily slip, fall, and suffer painful, disabling, and even life threatening injuries.

Continue Reading: The Snow and Ice Case-A Slippery Slope

Additional Info: Snow & Ice Accidents

Stay in the Zone During Road Construction

November 26, 2012 | Finz & Finz, P.C.

It never fails.  No matter what time of year, there is always road work to be done.  As drivers, we see this as a huge temporary inconvenience as we have to wait for the lead vehicle to direct us where to drive, or drive our car much slower than normal for long periods of time when we’re rushing from one place to the next.  And, what about the added conditions of ice, snow or rain during the construction period?  This means inconvenience times ten.  While we can generally appreciate the newer safer road once the work has been completed, it’s important to still pay attention in these areas while the road work is taking place. 

Continue Reading: Stay in the Zone During Road Construction

Additional Info: Road Design Accidents

Holidays are Less Jolly When Someone Gets Injured

November 21, 2012 | Finz & Finz, P.C.

Ahhh… the holidays.  Sigh of despair, or a glimmer of excitement?  From the change of seasons when Labor Day rolls around to the loud and festive ringing-in of a new day on New Year’s Eve, society whips into a frenzy to check everything off the never-ending to-do list.  Picnics, parties and milestone celebrations are the norm, items fly off the shelves, and money is spent left and right, even in today’s economy.  We’re on a quest to create memories for our families, our children and ourselves, and to carve out just a little bit of time for relaxation somewhere along the way.

Continue Reading: Holidays are Less Jolly When Someone Gets Injured

Additional Info: Accidents

Downed Power Lines Mean Serious Business

November 21, 2012 | Finz & Finz, P.C.

Storms like Hurricane Sandy and Katrina, and tornadoes like those that hit the Midwest often leave an obvious devastating path to all objects in the way.  We experience after-effects like fallen trees, flying debris, slippery roads, and downed power lines.  As a result, power outages occur in many ways.  Utility workers can't arrive at our homes quickly enough, and it could take days for heat and electricity to be restored.  We know how to reset our breaker and to report any lighting strikes, but what about downed power lines, an occurrence we don’t see every day? 

Continue Reading: Downed Power Lines Mean Serious Business

Additional Info: Electrocution

Don’t Judge A Dog by Its Owner: A Dog Is Still A Dog…That Bites

November 20, 2012 | Finz & Finz, P.C.

Dog bites have become an every day occurrence as far as hospital visits are concerned nationwide.  Troublesome for both the owner and the victim, dog bites create animosity, conflict, resentment, anger and fear (and that goes for the dog, too).  Most dog owners think their dogs are “fine” and balk at the idea of their pet posing a threat to others.  Owners allow passers-by to pet the dog, and allow children to come face-to-face with a new-found furry friend. 

Continue Reading: Don’t Judge A Dog by Its Owner: A Dog Is Still A Dog…That Bites

Additional Info: Dog Bites

Multitasking While Driving? Don’t Even Think About It!

November 16, 2012 | Finz & Finz, P.C.

Much debate can be had as to what is considered the most distracting activity while driving, but the truth remains that talking on the phone still accounts for many accidents.  Cell phone distraction does not only refer to the physical task of driving one-handed and holding the phone with the other, but the mental distraction as one focuses on conversation rather than the road.  With so many apps available on modern phones such as texting, videos, GPS capability and news alerts, more and more information is directed at the driver, taking attention away from the primary task at hand.  It has been shown that distractions in a vehicle cause slower reaction time to traffic alerts, untimely lane changes, misjudgment of vehicle speed, and inability to judge distances between cars. 

Continue Reading: Multitasking While Driving? Don’t Even Think About It!

Additional Info: Cell Phone Texting Accidents

No Messing Around When it Comes to Playground Equipment Precautions

November 15, 2012 | Finz & Finz, P.C.

Children are injured on public and at-home playgrounds yearly, from minor scratches and strangulations, to concussions and amputations, to brain damage and fatal falls. In the past, improper ground surfaces were often to blame for playground injuries prior to the establishment of the development by the Consumer Product Safety Commission (CPSC) to adopt standards and guidelines for safer playground equipment and surroundings.

Continue Reading: No Messing Around When it Comes to Playground Equipment Precautions

Additional Info: Premises Liability

Save Yourself: Communicate Your Medical History for Better Diagnosis

November 14, 2012 | Finz & Finz, P.C.

Heart attacks in both men and women account for hundreds of thousands of emergency room visits and deaths annually.  A qualified and seasoned physician who knows the history of a particular patient can provide education on the signs and symptoms of a heart attack related to that individual, and any number of medical websites will list general signs of an oncoming heart attack.  But, if the symptoms seem so “clear” why are heart attacks easily misdiagnosed?

Continue Reading: Save Yourself: Communicate Your Medical History for Better Diagnosis

Additional Info: Cardiac

Electrocution Among Four Fatal Occupational Hazards

November 13, 2012 | Finz & Finz, P.C.

According to OSHA, the Occupational Safety and Health Administration, “Every day in America, 13 people go to work and never come home,” (excerpted from of a Workers Memorial Day speech April 26, 2012 by Secretary of Labor Hilda Solis.)  Among the workers of whom Solis is referring are those in the high-risk construction and utility fields.  These high-risk jobs come with an expensive price tag when a worker is injured on the job.  Along with an immediate risk that comes daily, the physical demands alone account for long-term conditions imposed by difficult and uncomfortable situations like climbing telephone poles, balancing on weighted seats, navigating scaffolding, or reaching into blind areas that need attention. OSHA refers to these incidents that could result from the above conditions as “the Fatal Four” and include: falls, electrocutions, being struck by an object, and being pinned between two objects. 

Continue Reading: Electrocution Among Four Fatal Occupational Hazards

Additional Info: Accidents

Seek Assistance When Overwhelmed With Filing Insurance Claims

November 12, 2012 | Finz & Finz, P.C.

”It’s not going to happen to me, right?  Besides, I have homeowners and auto insurance.”  But, what if it does happen, and you’re faced now with filing a claim through a policy that was purchased twenty years ago?  Did you have the coverage required?   

Continue Reading: Seek Assistance When Overwhelmed With Filing Insurance Claims

Additional Info: Premises Liability

A Criminal Act Bars Recovery despite Negligence and Injury

November 12, 2012 | Former NYS Supreme Court Justice Leonard L. Finz

Consider this narrative:  An 82-year-old frail man using a cane for balance is standing on a deserted subway platform waiting for a train.  A stranger suddenly emerges from the shadows, throws the elderly man violently to the concrete, gropes menacingly through his pockets and pulls out a wallet, then starts running toward the exit.  In the encounter, the horrified man cries out frantically for help.  His screams attract the attention of a police officer who just by happenstance is entering the platform area. Seeing the man sprawled on the ground and the mugger running away, the police officer gives chase, draws his Glock automatic and shouts out, “Stop or I’ll shoot”.  The mugger disregards the warning and continues his escape as the officer fires a single round.  The discharged bullet crashes into the mugger’s back who immediately topples to the ground.  The officer charges in, cuffs the mugger, and calls for an ambulance and back-up.  Within a short time, the mugger is removed under guard and transported by an EMT crew to an ER, given emergency treatment, admitted into the hospital with police security, and finally diagnosed with a severe spinal cord injury resulting in paraplegia.

Continue Reading: A Criminal Act Bars Recovery despite Negligence and Injury

Additional Info: Accidents

What We Can Learn from Hurricane Sandy… Taking Better Measures To Be Prepared

November 09, 2012 | Finz & Finz, P.C.

During the time a natural disaster strikes is not the time to think about what you need to do to protect your assets. While many of us go through life thinking nothing will happen to us, it’s a huge eye-opener when something does happen and we’re left unprepared.  What’s the key to finding relief instead of panic after a catastrophe? 

Continue Reading: What We Can Learn from Hurricane Sandy… Taking Better Measures To Be Prepared

Additional Info: Accidents

Simple Steps for Clearing the Way to Home Safety

November 07, 2012 | Finz & Finz, P.C.

The place where we most often seek refuge, our “safe” haven, is actually the place where we have the most risk for injury. You guessed it:  Our home.  Familiarity breeds carelessness in the form of falls on stairs and in dimly-lit hallways, burns from unsafe kitchen conditions, slips in bathtubs and misplaced tools in garages.  We don’t often have the time to repair faults in our home until it’s too late.  

Continue Reading: Simple Steps for Clearing the Way to Home Safety

Additional Info: Premises Liability

What are the Parameters for a School's duty to protect a Child off School Premises?

November 06, 2012 | Former Judge NYC Civil Court Housing Part George M. Heymann

As recently pointed out by former Quens County Supreme Court Justice Leonard L. Finz in his article titled: The Duty of a School to a Student Injured in a School Activity (10/12/12), there are several factors that must be proven in order for a student to succeed in holding a school liable for the alleged injuries he or she claims was directly caused by the school's negligence. Aside from the fact that such injury must have been proximately caused by the school's negligence, it is the foreseeability of the potential harm by the school (i.e.: faculty, para-professionals and school security) that is the key factor.

Continue Reading: What are the Parameters for a School's duty to protect a Child off School Premises?

Additional Info: School Injuries

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