Legal News Archive: May 2013

This was the determination of the Appellate Division, First Department, in Doerr v. Goldsmith (NYLJ, 4/18/13) where a bicycle rider collided with a dog that ran into his path, causing him to fall off his bike and sustain injuries, and, yet, could not sue the dog’s owner for negligence.

Continue Reading: Dogs are Not Man’s Best Friend when they Collide with Cyclists Causing Injury and there is No Cause of Action for Negligence

Additional Info: Dog Bites

With the thousands of high rise buildings in and around New York and other large metropolitan areas, there is no way for some to avoid the use of elevators on a daily basis.  Coupled with leading a comfortable and sedentary lifestyle, many of us just don’t want to take the stairs when there is a faster way to move from floor to floor and meeting to meeting.  But the very mode of transportation we take for granted can turn deadly in the event of a malfunction.

Continue Reading: Premises Liability: When Riding the Elevator Becomes Fatal

Additional Info: Elevator Accidents

A Florida child is recovering from an April accident after losing both feet when she was backed over by a family member in a lawnmower accident.  Another family in Virginia still mourns their child who was run over two years ago by a contractor’s truck when the worker was providing work at the family home.  Tragic news like this leaves families of small children wondering how they can prevent such incidents from happening to other families.  While we might not hear about them in the news, backover accidents are common, and the Virginia mother is making it her mission in the fight for lawmakers to insist that rear view cameras are installed in all vehicles. 

Continue Reading: A Tragedy for Families: Backover Accidents From Vehicles and Machinery

Additional Info: Accidents

The United States Department of Labor Occupational Safety and Health Administration (OSHA) makes it their job to inspect businesses nationwide for conditions that might be hazardous to the employees of those businesses.  If the inspectors find something amiss, they will cite the business, who then has a certain amount of time to rectify the situation, contest the citation and, hopefully (if not contested) make the conditions and workplace safer for employees in the future.  If the business fails to modify the conditions before the next inspection occurs, severe penalties can ensue, and for good reason. OSHA is not one to mess with when it comes to citations. 

Continue Reading: OSHA Cites Businesses for Faulty Conditions: Keep Your Business Off the List

Additional Info: Accidents

The National Transportation Safety Board recently identified texting as a major cause of a commercial aircraft accident, and approved safety precautions for all pilots to refrain from using cell phones or other distracting instruments while in the air (and sometimes while preparing for flight).  Among the details of this particular accident, the fingers of blame point to distracting text messages being a major cause of this crash.  This case uncovered findings that showed the pilot sent 25 text messages and received close to 60 during his 12-hour shift, just enough to take his mind off the primary task at hand. Ironically, the pilot was commanding a helicopter carrying a medical crew and victim of an accident to a nearby hospital.  Several factors contributed to his poor judgment in this accident.

Continue Reading: Distracted Pilots: When Common Roadway Distractions Take to the Air

Additional Info: Airplane Accidents

Some sad and tragic stories in the news recently featured joyriding teenagers involved in fatal accidents.  In both cases, multiple families were affected, and often are when several kids from several families are victims.  One minute we say a routine goodbye to our kids, and the next minute we’re rushing to the scene of a horrific crash.  No parent wants to experience that.

Continue Reading: Spring Break and Teen Driving: When a Happy Time Turns Tragic

Additional Info: Distracted Driving

Outside of the well-publicized oil spills like the Exxon Valdez and the BP spill in the Gulf Coast in 2010, oil spills can occur in small environments such as in a workplace, or  as part of a larger incident like a train derailment or big rig accident in which oil was part of the cargo.  When a spill occurs that involves oil or another toxic chemical, there may be long-term evidence that shows how it can affect your body, the environment, and the outlying areas from where the spill occurred.  Hazardous spills can come in the form of acid, oil or gasoline and many other elements that prove to be dangerous.

Continue Reading: Manhattan Law Firms Cautions Oil Spills Not Just At Sea

Additional Info: Toxic Exposure

The timeframe for Spring Break is technically over, but for many the vacation season and summer activity is just around the corner.  The weather is warmer, spring fever is in the air and everyone wants to be outside.  With many more people on the road and taking part in outdoor activities like biking, running and walking, the transformation of our towns becomes a prettier picture.  We put the tops down on the car, ready our boats for water sports, and find an outdoor patio seat at our favorite neighborhood gathering spot.  Seems harmless, right?   

Continue Reading: Accidents in the Spring and Summer: From Traffic Accidents to Boating Accidents

Additional Info: Accidents

With the extensive preliminary investigations and controversies surrounding several factors of the Boston Marathon bombing earlier in April, many questions are in the minds of law officials, terrorist experts, sports participants and the residents of Boston and cities nationwide. Public events like marathons are a breeding ground for masses of people, yet no one suspected such an event would occur in one of the country’s most historic cities at one of the most renowned annual events.  We know now that hundreds were injured and lost limbs, young people died, and others were left wondering exactly what happened at an event that normally brings together top athletes and their families taking part in the festivities.

Continue Reading: New York Attorney: The Aftermath of the Boston Bombing Leaves Many Questions Unanswered

Additional Info: Accidents

Construction and roadwork appear to be never-ending and, as much as we hate the detours and dust, ensuring better roadways is a part of everyday life for road workers. We know the public utility companies are simply doing their jobs, but every once in a while they hit a power line and we’re suddenly left without power for an indefinite period of time.  For the most part, if a power outage happens during the day, we know we have some time for lights to be restored, and we know everything will be back to normal eventually. But, what if the power affects a medical need, or happens at night when we least expect it, or are least prepared? 

Continue Reading: Staying Out of the Dark During a Power Outage

Additional Info: Accidents

You don’t have to be a construction worker to encounter a crane accident.  Crane accidents can affect pedestrians around a construction zone, as well as workers on or near the site, or someone in a home or building at the time of impact when a crane collapses straight down or off to the side.  A crane accident can happen in an instant.  One minute you see the neck of the crane, the next minute—nothing.  Construction workers generally know about the hazards of working at a construction site and should follow the rules and regulations for dealing with heavy equipment they use on a daily basis.  But, what about the average pedestrian walking in the area, or someone watching television inside their home? 

Continue Reading: Crane Accidents: More Common Than You Think

Additional Info: Crane Accidents