Legal News Archive November 2013 Image

Legal News Archive: November 2013

Dog Bites and Attacks: What Next?

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

The Centers for Disease Controls estimates that nearly 4.5 million people are bitten by dogs each year, and that 885,000 of those have injuries severe enough to warrant an emergency room visit.  Still, sadly, some of these bites and attacks are fatal.  The situation becomes even more sad when children are involved, a number roughly around 400,000.  Dog bites and attacks can occur randomly, but rarely does a dog bite without some type of reason. Ranging from being spooked, potentially provoked, taunted, or protecting its territory, it’s important to remember that dogs are still animals, originating from wild animals that over time became domesticated.  Anything can happen when a dog is involved.

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Additional Info: Dog Bites

Thanksgiving: A Scene for Injury?

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

 

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Additional Info: Accidents

Holiday Shopping: Accidents in and Around the Store

November 27, 2013 | Finz & Finz, P.C.

When we think of holiday shopping, we think of discovering that perfect gift for someone special, bell ringers in front of the store, shoppers bundled up to weather the cold, and wishing good cheer to passers-by.  We rarely think of what might happen if we’re not paying attention while shopping, to the point of getting hurt on an enjoyable day.  We all know that traffic accidents are more pronounced during holiday shopping season; drivers are fighting for parking spaces, racing in parking lots, and flocking to the mall to be first in line for that limited edition item.  But, what about accidents that happen right in the vicinity of the store?  Here are a few incidents that could happen:

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Additional Info: Premises Liability

Elder Abuse: When You Suspect an Occurrence

November 26, 2013 | Finz & Finz, P.C.

Elder care brings about changes for all involved from rearranging a house or living situation, to altering schedules, to less time away from little ones who need attention, to frayed nerves and more. Whether the elder is in your home or at a facility known for elder care, fuses are short, time is tight and tensions are high.  Elder abuse can rear its ugly head in ways we never imagine.

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Additional Info: Elder Abuse

Avoiding Texting While Driving: Your Safest Bet

November 25, 2013 | Finz & Finz, P.C.

According to the new website www.stoptextsstopwrecks.org “five seconds is the average time your eyes are of the road while texting. When traveling at 55 mph, that's enough time to cover the length of a football field.”  Five seconds is a lifetime when a life or death situation presents itself, yet many drivers do it all time, thinking they have enough time to anticipate an accident, or cause their reflexes to come into play quickly and effectively.  Not so. 

Continue Reading: Avoiding Texting While Driving: Your Safest Bet

Additional Info: Cell Phone Texting Accidents

Cyber Stalking and Bullying: Injuries to Your Children

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

Bullying has been around for hundreds of years, generally in the form of verbal taunting and physical injury at schoolyards, playgrounds and work environments.  While many eventually outgrow bullying as personalities mature, there are still some bullies that take to stalking and bullying online.  We see this more often among high school children who taunt classmates through Facebook and other online forums.  In extreme sad cases, we hear of children who committed suicide because they couldn’t take the taunting any longer, finding themselves succumbing to the bullying and jeers of online videos and posts that do more than damage a budding personality.

Continue Reading: Cyber Stalking and Bullying: Injuries to Your Children

Additional Info: School Injuries

Cold and Flu Season: Watch for Medical Errors

November 20, 2013 | Finz & Finz, P.C.

Fall and winter mark the start of cold and flu season which is never a fun time for anyone. We invest in multiple boxes of Kleenex, and purchase extra bottles of cough and cold medicine, along with the medication to help us sleep through the night.  Along with the average cold and flu also come unique strains of viruses that pop up this time of year.  The viruses can tend to linger longer, and make life miserable, in general.  How do you know when something just feels different than it has in the past, and what do you need to tell your doctor so you are prescribed the correct medication? 

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Additional Info: Nursing Errors

Coal Mining and Other Dangerous Jobs

November 19, 2013 | Finz & Finz, P.C.

We see utility workers on the streets in cities and towns all over the United States.  They take their lives in their hands on a daily basis, particularly when conditions become hazardous due to an emergency blackout or brownout, sudden changes in the weather, or  a natural disaster like a hurricane or snowstorm.  But the workers who work in hazardous condition we don’t hear about often are coal miners, public works employees who work underground, or fishermen who risk their lives on the waters off the East Coast and Pacific Northwest.  Do you know someone who employed in these conditions, and where the risk is the norm?  Do you know someone who has been injured from working in this type of profession?  What are some of the hazards that these workers encounter?

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Additional Info: Workplace Accidents

Carbon Monoxide: What You Can Do To Protect Your Family

November 18, 2013 | Finz & Finz, P.C.

The fall season is often a reminder for many families to check their smoke detectors, smoke alarms and carbon monoxide detectors. With extra company in the house and festive activities taking place in the home, you’ll want your haven to be safe for the holidays by preparing for (and preventing) emergencies before one happens.   Carbon monoxide detectors are no exception to an important tool that should be used in your home.

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Additional Info: Carbon Monoxide

Recent Recalls: The Latest in the News

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

Every few months we like to inform the masses of some recently recalled items that you may find in and around your home or place of employment. With the holiday and gift-giving season right around the corner, it’s important to know whether the purchase you’ve been long-awaiting is still on the shelves or whether it’s been removed due to recall activity. You might be looking for that perfect toy or play equipment you plan to provide your child. From a shiny new appliance that will make your life easier, to the latest trend in clothing or baby gear, it is not uncommon that your favorite item could show up unexpectedly on the recall list.

Continue Reading: Recent Recalls: The Latest in the News

Additional Info: Products Liability

Head-On Collisions: No Warning in Sight

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

Head-on collisions are devastating—and deadly. It’s estimated that, in the United States, head-on collisions account for many accidents per year, and often result in fatalities.  Head-on collisions come in the forms of routine activities like teens driving on their way to school, mothers on their way to pick up their small children, or parents on their way to work just like any other day. Lives are changed in a heartbeat with very little time to respond or react. If you’re lucky enough to see the actions of the other driver, what do you do if you find yourself in the path of a car going the wrong way—and coming your way?

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Additional Info: Motor Vehicle Accidents

Kids Behind the Wheel Without a License

November 13, 2013 | Finz & Finz, P.C.

Earlier in the summer, headlines featured accidents of children who stole their family's vehicles and were involved in tragic accidents.  One incident, in a car driven by a six-year-old who snuck out to take his three-year-old sister on a joyride, ended in the fatality of the three-year-old when the car crashed into a tree.  Another accident of an 11-year old girl resulted in a one-car crash that left the child seriously injured.  We know that children will be curious and want to act like grown-ups, but who is responsible in these odd accidents, and how do we prevent these from happening when we can’t watch our kids every second?

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Additional Info: Accidents

Drinking and Driving: ‘Tis the Season to Be Aware

November 12, 2013 | Finz & Finz, P.C.

The holidays bring about all types of festive activities from holiday parties, to visiting family and friends, to flight and train travel, to annual milestone events and much, much more.  With those holiday parties and festivities often comes celebrating in the form of drinking–excessively.  Whether you are meeting up with friends at the local pub before or after shopping, or have a full-blown party to attend, here are some things to watch for so the festivities don’t get out of hand:

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Additional Info: Drunk Driving Accidents

The Rights of an Innocent Bystander Shot by a Police Officer’s Stray Bullet

November 11, 2013 | Leonard L. Finz, Former NYS Supreme Court Justice

Consider this narrative: Gun in hand, a robber runs out of a jewelry store. Confronted by a police officer on the street, he continues his attempted escape. The cop, gun in hand, orders him to stop. The robber ignores the order as the cop takes up chase. Unable to close in, the cop fires four rounds. Two hit the robber, and two go astray, one hitting a bystander 50 feet away, killing him instantly. The victim’s estate brings an action against the City charging negligence on the part of the officer. The City takes a firm “no pay” position claiming justification based upon a 2010 case decided by the Court of Appeals, New York’s highest court, in a 4-3 decision.

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Additional Info: Accidents

Long Weekends and Holiday Travel: What You Need to Know to Prevent Accidents

November 08, 2013 | Finz & Finz, P.C.

Before we were even used to the idea, the kids were back in school for the fall semester.  This means holidays are right around the corner in the form of travelling to spend time with friends and relatives for Thanksgiving and December celebrations.  Longer weekends like the upcoming Veteran’s Day weekend and extended holiday breaks mean more people in the air and on the road in conditions that range from sunny days, to treacherous roads with ice and snow, to the weather-related delays and long lines at the airport.  When the travel bug hits everyone, what are some things you can do to make sure your holiday travel is injury-free?

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Additional Info: Accidents

In the Zone: Does It Help or Hurt Texting Incidents?

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

We can’t say it enough: driving distractions are dangerous, and even more and more pronounced with advanced technology at our fingertips no matter where we are. From taking phone calls through a Bluetooth device, to looking down at our phones for an incoming call or text, to taking snapshots from our phones while we are behind the wheel, it becomes less and less possible for us to remain focused on driving when we are behind the wheel.

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Additional Info: Distracted Driving

Strange Accidents at Spectator Events

November 06, 2013 | Finz & Finz, P.C.

A monster truck drives out of control at a rally in a nearby town.  A skydiver misses the mark and ends up being killed in a crowd of people.  A bull charges into the crowd at a bull-fighting event.  These events and many more can happen at any time during community events where thousands of spectators gather for the thrill of seeking excitement and entertainment.  Are the crowds protected?  What happens when something goes astray?

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Additional Info: Premises Liability

Rockslides and Other Unexpected Roadway Travel Incidents

November 05, 2013 | Finz & Finz, P.C.

A sudden rockslide in Colorado in October claimed the lives of several members of one family, and left one teenage daughter covered in debris, delaying authorities from finding her until many hours later; she was still alive.  A rockslide comes without warning, and its impact is fatal to those below who are hiking or driving.  Where do rockslides often occur and what can be done if you find yourself in a zone for rockslides with no way out?

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Additional Info: Motor Vehicle Accidents

Black Ice: The Holiday Visitor You Don’t Want to Encounter

November 04, 2013 | Finz & Finz, P.C.

With holiday travel just around the corner, road conditions become even more pronounced to those travelling in colder weather from various parts of the country. With anything from sudden snowstorms, avalanches, wet and slick roads to black ice, the dangers abound when the weather changes in a heartbeat.  Black ice is particularly threatening as it’s hard to see on the road, and sticks around even when the rest of the snow and ice have melted on the roadway.

Continue Reading: Black Ice: The Holiday Visitor You Don’t Want to Encounter

Additional Info: Car Accidents

Stopping on the Roadway for a Scenic View? Think Again.

November 01, 2013 | Finz & Finz, P.C.

Although summer is over, people still make trips by car all the time, some for business and some for pleasure.  You might even be one of them.  Along those routes, you might encounter a scenic view or a historic marker where you feel it would be worth the stop.  If you do so, we urge you to do it safely. Despite signs on the road that say “Do not stop on roadway,” many chose to ignore those warning signs, and end up taking their lives in their hands.

Continue Reading: Stopping on the Roadway for a Scenic View? Think Again.

Additional Info: Motor Vehicle Accidents

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