Legal News Archive: February 2013

As vehicles continue to advance in size, shape, style and features, it will still be many years before motorcycles outnumber cars on the road. But, while motorcycles are not dominating the roadways, it's safe to say they are here to stay.  Motorcyclists are seen on roads and highways throughout the world, including areas in and around New York and sister states. They ride the roads with ease and freedom, enjoying the scenery from a different and new perspective not afforded to most travelers who prefer to ride in closed vehicles.  With no protection surrounding the rider (as with a car) the risk for riding a motorcycle comes with the territory.  The ability of the rider to command a vehicle that weighs anywhere from 600 to 800 pounds and can excel at speeds of over 180 miles per hour makes them a danger zone on two wheels when proper care is ignored. 

Continue Reading: Motorcycle Accidents In New York: Protect Yourself on the Road

Additional Info: Motorcycle Accidents

The tour bus crash in California in early February that killed several people and injured many more has everyone wondering about the safety conditions of tour buses and credentials of tour bus drivers. Was this an isolated incident? Probably not.  In other incidents, a crash occurred as a result of the driver losing control when the bus started sliding down a hill in icy conditions.  Another tour bus crashed when the driver suffered a fatal heart attack and, again, lost control of the vehicle. 

Continue Reading: Buses and Motor Coach Accidents: What to Know Before You Travel in New York and Nationwide

Additional Info: Bus Accidents

Millions of commuters fly daily on aircraft carriers all over the world, from city to city, coast to coast, and continent to continent. We never want to think about the flight being an unsuccessful one, or not reaching our destination.  We take safety for granted, both on and off the plane as we enter through the security gate and sensors, and try to find a suitable seat once we board.  We divert our attention to the flight attendant providing instructions on what to do in case of an emergency, or how to exit if we need to evacuate the plane if it has to land in a body of water.  But sometimes, in the backs of our minds, we can’t help thinking about the “what if.”

Continue Reading: New York Accident Attorney: Aviation Accidents – History and Concerns

Additional Info: Accidents

Wrestler Hulk Hogan recently filed a lawsuit against a clinic in Florida he claims performed unnecessary spinal surgery that resulted in damage to his career.  How often are claims like this filed, and have you or someone you know received what you suspect to have been unnecessary surgery that did not yield the desired results? 

Continue Reading: Manhattan Medical Malpractice Attorney Asks: Are You a Victim of Unnecessary Surgery?

Additional Info: Surgical Errors

In a remarkable reversal engineered by Jay Feigenbaum, senior trial and appellate attorney at Finz & Finz; P.C., a Second Department panel not only reversed the dismissal of a automobile accident injury case but awarded summary judgment to the plaintiff.

Continue Reading: New York Appellate Court Reversed the Dismissal of an Automobile Accident Injury and Awarded Summary Judgment to the Plaintiff

Additional Info: Car Accidents

New York=s Labor Law Sections 240(1) and 241(6) were created to protect workers who are injured while performing their duties during construction, renovation, demolition, etc.

Continue Reading: Ownership under Labor Law as it impacts on Condominiums and Cooperatives

Additional Info: Ladder/Scaffold Accidents

For many who choose elective surgery, we are excited about the probability of starting fresh with a new outlook on life.  We’re confident that the surgery will make us feel and look better, and have faith in the surgeon who has outlined the process and outcome.  Many cases are successful.  But, in other cases, the patient is not so happy when something goes wrong during the operation.  Botched surgery can lead to mutilation, deformities and scars that go beyond the surface of the skin, and affect the patient for many years, mentally and physically. 

Continue Reading: Medical Malpractice: Botched Cosmetic Surgery, Gastic Bypass Surgery and Other Medical Mishaps

Additional Info: Surgical Errors

Earlier this year, a resident manager was terminated from a retirement facility in Ohio for filing a complaint that the facility had improperly handled a case of bedbug infestation.  While the termination of the whistleblower leads to a whole new employee litigation matter, it brought more attention to the possible unsafe conditions in residential care homes for the elderly nationwide. 

Continue Reading: Manhattan Accident Law Firm: Elder Abuse and Unsafe Resident Care Home Conditions

Additional Info: Elder Abuse

Drugs are prescribed all the time by our family physicians and mental health care providers, with the intent that certain drugs are meant to take care of the initial problem at hand.  Let’s take the drug Zoloft, most commonly used to treat depression, post-traumatic stress disorder, premenstrual dysphoric disorder and anxiety disorders.  Zoloft (also known by the generic name sertraline) was released and marketed as a safe drug, although it was later found that in lab studies the results were less than positive.

Continue Reading: Defective Drugs: Zoloft-Related Birth Defects-When a Prescribed Drug Becomes Dangerous to You and Your Baby

Additional Info: Zoloft

Last year, a worker at Cintas Industrial Laundry Plant in Tulsa, Oklahoma was killed when he fell from a conveyor belt while trying to unlodge a load of laundry from one of the high-capacity, industrial drying machines.  Although not fatal in other cases, it was found that many others had regularly walked on the conveyor belt to unlodge loads of laundry over time, showing the incident was not as uncommon as initially believed. What causes employees to engage in unsafe behavior around heavy machinery and equipment, particularly when they know that machines could easily malfunction when misused?

Continue Reading: Workplace Injury Lawsuit Best Handled by Personal Injury Attorney

Additional Info: Workplace Accidents

For many parts of the country, the winter season is not yet over.  Rare instances of freezing rain earlier this year in Utah caused road closures and slippery highways throughout the state, and rain and snow continue to inconvenience areas nationwide with no end in sight for better weather.  Road conditions easily cause accidents among pedestrians, drivers and truckers, especially those driving 18-wheelers, a type of vehicle that is unique in its construction and purpose.  So, if these vehicles are designed to handle themselves better than most on the road, how are they different and why are there so many accidents?

Continue Reading: Accidents Involving 18-Wheelers: Causes and Concerns

Additional Info: 18 Wheeler Accidents

Have you ever found yourself reading about a recalled item and discovered the recall may apply to you?  If so, you may ask how you can find out more information, or be alerted to other recalls.  Here are some ways to stay up to date on recalled items, and what you can do if you find yourself the victim of an accident due to a recalled product.

Continue Reading: Manhattan Product Liability Attorney Warns Consumers of Recent Recalls: Why They Are Important

Additional Info: Premises Liability