Legal News Archive January 2013 Image

Legal News Archive: January 2013

Your Backyard Could Be a Danger Zone

January 29, 2013 | Finz & Finz, P.C.

Outdoor yard care that starts in the spring and summer continues year-round, and garden tools and power mowers remain on consumer wish lists.  Teens still earn money by offering their services to neighbors in need.  Dad asks for a new power riding lawn mower for his birthday.  Little ones are fascinated by the movement and sounds of big equipment and want to be “just like daddy.” 

Continue Reading: Your Backyard Could Be a Danger Zone

Additional Info: Lawnmower Accidents

Crib Deaths: Still a Concern Today

January 28, 2013 | Finz & Finz, P.C.

In the 1970s and 80s, crib death, also known as sudden infant death syndrome (SIDS), was a common cause of death in children under one year of age.  Originally thought to be a brain condition of the child (and many still support the theory of oxygen deprivation at some point between birth and the crib death incident), today’s definition of crib death cites many other causes.  While crib death doesn’t occur nearly as often, it is more likely to occur as a result of product or manufacturer defect.

Continue Reading: Crib Deaths: Still a Concern Today

Additional Info: Products Liability

If You have an Accident in a Gym Exercise Your Right to Safety

January 24, 2013 | Finz & Finz, P.C.

Exercise equipment and gym memberships are still at the top of the wish list for many of us around the holidays.  We’re eager to start a new program and want only the best, top-of-the-line equipment for our home gym to help us get the job done.  Or, we’ve been meaning to join the neighborhood gym for some time and finally make the leap to buy an annual pass. 

Continue Reading: If You have an Accident in a Gym Exercise Your Right to Safety

Additional Info: Accidents

Finding the Right Attorney for Your Personal Injury Case

January 23, 2013 | Finz & Finz, P.C.

Before you embark on the quest to find a personal injury attorney, it is important to know what personal injury actually means.  Personal injury often involves negligence on the part of someone, whether it be a business, organization, association, neighbor, physician, or complete stranger (as in a car accident).  Many personal injury negligence claims include product defects, physician malpractice, work-related injuries, car accidents, birth injuries, and slip and fall cases (often categorized under “premises liability”–where did you fall and whose fault was it to prevent the conditions of your fall?).   

Continue Reading: Finding the Right Attorney for Your Personal Injury Case

Additional Info: Other

Seatbelts and Car Seats: An Essential Tool for Protecting Our Kids

January 22, 2013 | Finz & Finz, P.C.

You just need to make a quick trip to the store for ingredients for dinner.  After all, it’s less than a mile away.  You grab your toddler, put him in the car seat and start your journey.  This time, however, the journey takes a turn: someone blasts through a stop light and your vehicle is hit.  The baby is protected… this time.  But then you remember that you actually considered not using the car seat this time, since the trip was going to be quick and close.  No one wants to hear the alternative ending to this story about what would have happened if the car seat hadn’t been used. 

Continue Reading: Seatbelts and Car Seats: An Essential Tool for Protecting Our Kids

Additional Info: Defective Seat Belts

Houseboats: The Hidden Dangers Under the Water

January 21, 2013 | Finz & Finz, P.C.

Lake Powell in Arizona and Utah is a popular spring and summer vacation destination for visitors from all over the country. The scene is idyllic: you’re surrounded by beautiful water, floating and basking in the sun along with many others who are doing the same to take a break from city life. For those who enjoy outdoor recreation, plans are already being made to spend parts of the summer taking up residence on the lake for a week or longer.  The water provides a welcome respite to the hustle and bustle of the long, hard days at work.  But, because boating of all kinds is considered a form of recreation, many of us don’t think the same rules apply on the water as those we practice on land.  Accidents involving houseboats and other boats have many causes, some natural and some careless.  What causes these injuries and fatalities, and how can they be prevented?

Continue Reading: Houseboats: The Hidden Dangers Under the Water

Additional Info: Boat Accidents

Going to Extremes – When Sports Invite Danger

January 17, 2013 | Finz & Finz, P.C.

Are you a thrill seeker, the kind of athlete who thrives on the danger of trying a new sport?  Sports like hang gliding, windsurfing, bungee jumping, motocross and ski sports are not for the faint at heart.  Many of us would rather watch the Olympics or the X-Games than be a competitor, whether it be a part of organized or unorganized sports.  Does that mean you should never try them?  Of course not! But, it does mean you should be aware of the risks involved when trying a new sport.

Continue Reading: Going to Extremes – When Sports Invite Danger

Additional Info: Accidents

What Happens After a Traumatic Brain Injury?

January 15, 2013 | Finz & Finz, P.C.

A traumatic brain injury (TBI) results from an internal injury to the brain caused by some sort of trauma when an object hits the head with significant force, or when someone is affected by an extreme sound such as an explosion.  It can be hard to predict or determine the aftermath of a traumatic brain injury, as the consequences can affect a person’s ability to talk, walk, hear or perform normal functions.  From all appearances someone could look as if he had a stroke, or could look fairly normal.  The person might think logically about some issues and very illogically on others.  For instance, numbers and mathematical equations can be recalled without flaw, while personal habits become a thing of the past as the person can’t remember how to eat or stand up.  Others may notice the person becoming more frustrated, lacking in concentration or finding the inability to express thoughts or feelings.

Continue Reading: What Happens After a Traumatic Brain Injury?

Additional Info: Brain Injuries

New York State is Not Liable for the Negligent Performance of a Government Function

January 14, 2013 | George M. Heymann Former Judge NYC Civil Court Housing Part

In its recent decision, Metz v. State of New York, 19 NY3d 857, the Court of Appeals affirmed that the State is not liable for the negligent performance of a government function where the plaintiffs failed to prove that the state owed them a special duty. This case involved a “tragic” boating accident that occurred on Lake George in 2005, resulting in the death of 20 passengers and injuring 27 others. As a result, the state, which had inspected the capsized boat prior to the accident, could not be found negligent and maintained its sovereign immunity.

Continue Reading: New York State is Not Liable for the Negligent Performance of a Government Function

Additional Info: Boat Accidents

Ferry Accidents: Making it to Shore Safely During the Rush-Hour Commute

January 14, 2013 | Finz & Finz, P.C.

Earlier in January, a Manhattan ferry transporting hundreds of morning passengers  missed the dock, resulting in the injuries of commuters on their way to work.  The commute started out as it normally did with passengers talking or texting on their iphones, reading the paper, or preparing briefs and materials before the start of the workday.  But that day was different, a day that proved disastrous and chaotic for all involved.

Continue Reading: Ferry Accidents: Making it to Shore Safely During the Rush-Hour Commute

Additional Info: Boat Accidents

Cruise Ship Accidents: Danger on the High Seas

January 14, 2013 | Finz & Finz, P.C.

You’ve packed your bags, brought the proper attire for dinner at the Captain’s table, and scouted out which ports you’ll visit.  Does this sound familiar?  The upcoming spring marks the start of the cruise-travelling season.  It’s estimated that a whopping ten million people cruise from the United States each year, some veterans and others novices. Why so popular?  Cruises present a multitude of activities for those of us who want to travel the world, while keeping all our belongings in one place while we do so.  Without having to disembark, the cruise ship offers golf, bungee jumping, and snorkeling, shopping, gambling, activities for the kids, and a never-ending array of 24-hour international cuisine. We place our lives, trust and vacation enjoyment in the hands of the expert cruise liners and experienced crew.  But, as we all know, something could go wrong.

Continue Reading: Cruise Ship Accidents: Danger on the High Seas

Additional Info: Cruise Ship Accidents

School Bus Accidents: When a Trip Down the Street Becomes Injurious

January 14, 2013 | Finz & Finz, P.C.

No one of us wants to imagine anything negative happening to our children and grandchildren.  We do our best to protect them 24 hours a day.  We trust in our schools, our teachers, and our bus drivers.  In the wake of the recent incidents in Connecticut, we know tragedies can occur at any time, as unexpected as they may seem.  We begin not to trust for a while… or for a longer period of time.  What we do know is that we have to continue living our lives, and setting good examples for our children by learning again to have faith in their caretakers when we are not around.

Continue Reading: School Bus Accidents: When a Trip Down the Street Becomes Injurious

Additional Info: School Bus Accidents

Not-So-Shocking News About Common Electrical Appliance Injuries

January 07, 2013 | Finz & Finz, P.C.

In the 1987 movie, The Believers, we are shown just how critical electrocution accidents from common kitchen appliances can be.  While there was an unknown pool of water seeping toward where the mother was standing in the kitchen at the time she touched the toaster, the horrifying scene reminds us of the many dangers that are found in our home on an average day.  From electrical cords in the path of common traffic, to a folded up rug that becomes amiss when someone runs into the house, to dish-drying racks that are too close to coffee machines and microwaves, it’s not just the little people in our families who need protection these days.  We need to take care of ourselves and the rest of the visitors in our homes.

Continue Reading: Not-So-Shocking News About Common Electrical Appliance Injuries

Dangerous Drugs: When the Prescription Doesn’t Work

January 07, 2013 | Finz & Finz, P.C.

Lisinopril, statins, various birth control and fertility drugs.  The list goes on.  Do these sound familiar to you?  We take the advice of our doctor who prescribes these and other drugs after our annual check up.  We renew the prescription every time and don’t pay much attention to the warnings on the enclosed materials.  That’s our doctor’s job, right? How hazardous are the drugs we are taking and is there anything that can be done once we’ve started putting them into our systems?

Continue Reading: Dangerous Drugs: When the Prescription Doesn’t Work

Additional Info: Defective Drugs

Trucks and Commercial Vehicles: Take Caution in the Ice and Snow

January 07, 2013 | Finz & Finz, P.C.

If you’ve ever seen the show Ice Road Truckers, you’ve seen what many of us cannot imagine: extreme icy and steep road conditions that loom before the men and women who take their lives into their own hands every day simply doing their jobs.  Driving logging trucks, semi-trucks that carry vehicles and other equipment, and diesel trucks that transport contaminants and hazardous materials day in and day out are just a few of those jobs they must endure.

Continue Reading: Trucks and Commercial Vehicles: Take Caution in the Ice and Snow

Additional Info: Truck Accidents

Recognized Leadership