Legal News Archive by Area: Accidents
January 22, 2018 | Finz & Finz, P.C.
The first abuse accusation goes back to 1994, but it is reasonably likely that Dr. Larry Nassar’s crimes extend even further into the past. As the number of victims increases on a seemingly daily basis, now reaching nearly 250 cases, determining precisely when he first began to prey on young women seeking treatment could prove impossible.
Continue Reading: Decades of Abuse in the Sports Industry
December 21, 2017 | Finz & Finz, P.C.
A chiropractor and his wife confessed to engineering a scam to defraud insurance companies by overstating the extent of injuries suffered by people under their care. As part of the scam, the St. Louis couple bribed police officers for access to accident reports and other documents not meant for public release, then used the information to gain access to people in accident and funnel them to pre-selected attorneys.
Continue Reading: Defending Yourself Against Scams
December 08, 2017 | Finz & Finz, P.C.
Thanksgiving marked the start of the holiday season, a time when families and friends come together in joy and harmony. Delicious meals are served and quality time is spent over turkey and pumpkin pie. The atmosphere is relaxing, away from work and other responsibilities. Except these days, Black Friday actually starts on Thanksgiving Day in many cities.
Continue Reading: Injuries on Black Friday
October 31, 2017 | Finz & Finz, P.C.
Fifty years ago, decorating for Halloween was not the all-encompassing activity it has become now for many Americans. Decorations existed, and were purchasable at stores, but the sheer number of electronic and large-scale ghosts and witches just didn’t exist. More and more real estate is given over to these accoutrements, and trick or treating is becoming more dangerous because of it.
Continue Reading: Keeping Kids Safe on Halloween
October 27, 2017 | Finz & Finz, P.C.
Five Michigan teenagers, ranging in age from 15-17, are facing significant charges after a man was killed by rocks they were dropping off a highway overpass. The teens insisted it was all intended as a prank, but the local District Attorney is not interested in their excuses. They caused a man’s death, and they will face the appropriate charges. The teenagers are being charged as adults for their malicious actions.
Continue Reading: Freak Accidents Usually Caused by Negligence
October 19, 2017 | Finz & Finz, P.C.
A Canton, Ohio teenager is dead after a skateboarding accident on October 3rd, 2017. The 16-year-old was hanging out with friends, holding onto a car while riding his board, when something went wrong. He fell and struck his head. The young man was not wearing a helmet at the time of the accident
Continue Reading: Determining an Accident Involving Minors Not Always Easy
September 28, 2017 | Finz & Finz, P.C.
At least one woman is seriously injured after a Humvee plowed into a crowd at a Long Island Food Festival. The incident took place on September 23rd, 2017, when a display vehicle slipped gear and ran into a group of people who had gathered at the Long Island Bacon Bash. The full extent of injuries is not yet known.
Continue Reading: Incident at Long Island Festival
July 13, 2016 | Finz & Finz, P.C.
Since its launch on July 6, Pokémon Go has sent players out on the street looking to catch the virtual monsters that pop up on their cell phone screens. With so many people paying even more attention to their phones, police departments and transit agencies across the country have been forced to issue warning about the dangers of playing the game.
Continue Reading: The Pokemon Go Phenomenon Results in Accidents, Injuries and More Safety Concerns
May 27, 2016 | Finz & Finz, P.C.
Finz & Finz, P.C. is honored to be included in the New York Law Journal insertion of “Top New York Verdicts of 2015”. The New York Law Journal is the most read legal daily newspaper in the country, and Top New York Verdicts is an annual supplement to the paper highlighting the top verdicts awarded to clients for the year. Stuart L. Finz, the firm’s senior trial attorney, is featured for having won the largest workplace safety jury verdict in New York State for the year 2015.
Continue Reading: The Finz Firm Scores Multiple Verdicts Highlighted in the Top New York Verdicts of 2015
February 18, 2016 | Finz & Finz, P.C.
It gets really old, really fast. Whenever anything goes wrong, whenever anybody is seriously hurt or killed, some people want to call whatever happened a “freak accident.” There is something appealing about this, because if it’s a freak accident no one has to worry about it happening to them. A freak accident isn’t likely to happen twice.
Continue Reading: Freak Accidents Not Uncommon
December 21, 2015 | Finz & Finz, P.C.
When Gretchen Seth was struck by a car during the Sea & Sky Spectacular Air Show at the Beaches, she did everything right. According to WJCT news, she spoke with the sheriff’s officer who arrived at the scene, and she didn’t have any harsh words with the woman driving the SUV that struck her. Even though she’d had the right-of-way, Ms. Seth didn’t push the issue, knowing little good could come of it. Instead, she waited for the ambulance that would carry her to a five night stay in the hospital.
Continue Reading: New York Attorney Advises on Uninsured Drivers
May 21, 2015 | Finz & Finz, P.C.
It is always bad to get hurt. Not only do we feel pain and need time to heal, taking us away from things we enjoy, but most bad injuries leave some kind of scar. These scars remain, reminding us of the terrible thing we endured, adding psychological pain to the real pain we already experienced.
Continue Reading: Accidents: Scarred for Life
April 27, 2015 | Finz & Finz, P.C.
Whenever we see a terrible accident on the news or read about it in the paper, our thoughts go out to those who were badly injured. We tend to dwell on the physical aspects of these tragedies, because we can imagine what it would be like to suffer a terrible injury. But by thinking only of the physical toll these accidents take, we neglect the mental and emotional trauma that accident victims suffer.
Continue Reading: Accidents: The Mental Toll
April 20, 2015 | Finz & Finz, P.C.
Car accidents continue to kill and injure thousands of Americans every year. To a certain extent, we think we are prepared for the outcomes of a car accident; best case scenario, there are no injuries, and maybe our insurance cost goes up a little. If we’re less lucky, we sustain a short-term or even a long-term injury that must be treated with medical care and possibly physical therapy. Worst case, we are killed.
Continue Reading: Accidents: Medical Coma
February 20, 2015 | Finz & Finz, P.C.
When you incentivize speed over safety, all you do is guarantee that tragedy comes quickly.
Continue Reading: Accidents: Negligence and Dangerous Incentives
January 30, 2015 | Finz & Finz, P.C.
Prehistoric man hunted wild game for food with spears and other crude weapon, and still remains a popular pastime today where adults teach the use of bows and arrows and rifles to shoot and kill deer, elk, ducks and other wild game. It enables fathers to bond with their sons--and daughters--while enjoying the outdoors.
Continue Reading: Accidents: On the Hunt
December 10, 2014 | Finz & Finz, P.C.
Mass transit is all but unavoidable in big cities. There just isn’t a more affordable and efficient way to get around. Even if you own a car, parking can be expensive, and with traffic snarls there’s no guarantee you’ll get there any more quickly. For the vast majority of urban dwellers, mass transit is really the only option.
Continue Reading: Mass Transit Accidents: Brotherly Love
June 04, 2014 | Finz & Finz, P.C.
Baseball is commonly considered the great American pastime, but don’t tell that to the millions of people who go camping every year. Camping is an activity that can be enjoyed by almost anyone, young or old, alone or in groups with family or friends. Americans have been getting back to nature for centuries, and many famous Americans, from Thoreau to Cody Lundin, have become national icons by sharing their adventures in the wilderness.
Continue Reading: A Single Spark Can Cause So Much Damage
May 28, 2014 | Finz & Finz, P.C.
During the summer months, many travelers take to the roads and air for ideal vacations, family reunions and family getaways. We have our bags packed, our tickets printed, and we are ready for the adventure. Our minds are already in vacation mode. What could go wrong? According to the Centers for Disease Controls—plenty can go wrong. Injuries and accidents ranging from boating accidents to plane crashes to escalator accidents, drownings, and amusement park accidents and more can loom in the future for those who are not careful when planning the vacation of a lifetime.
Continue Reading: Summer Travel and Injury: Keeping Your Vacationers Safe
May 20, 2014 | Finz & Finz, P.C.
As our kids get older, we know we can’t keep our eyes on them every second of the day. They need to find their independence, and test the boundaries and limits that help them grow. We take general steps to make sure our home is safe, and that certain areas are off limits to little ones. But, what about chemicals and cleaning products found in the home such as sprays that come in colorful bottles or the laundry detergent pods that resemble candy? Since 2012, more than 16,000 children under age 6 have fallen ill due to eating the laundry pods that fit in a clothes washing machine. The Centers for Disease Control and Prevention, as well as the Consumer Product Safety Commission have warned of the risk of these pods, and urge all parents to store them high and away where little ones won’t mistake them for something sweet and edible.
Continue Reading: Dangers in Your Home: Keeping Kids Safe
May 05, 2014 | Finz & Finz, P.C.
Since the beginning of time, people have expressed their individuality through artistic piercings and tattoos. The more intriguing the better, as each addition gives more of a glimpse of the person wearing the embellishment. There’s no concern for injury here, right? Well, you may want to think again if you are considering a piercing or tattoo for the first time – or even if you want to be aware of what may happen if you continue adding to your collection.
Continue Reading: Are There Dangers with Piercings or Tattoos?
April 25, 2014 | Finz & Finz, P.C.
When we think of intoxicated behavior, many of us think of drunk driving or driving under the influence of other drugs and substances. But, drunken behavior does not occur only behind the wheel. Many people have been injured or died as a result of drunk and disorderly behavior from people in restaurants, stores, and drinking establishments, even when the victim was not a direct part of the action.
Continue Reading: Drunk and Disorderly: When Driving is Not in the Equation
April 22, 2014 | Finz & Finz, P.C.
With the weather becoming more favorable in many places around the country, residents have spring fever and are anxious to start moving around after a long winter incubation period in their homes. The flowers and sun beckon us to take our routine outdoor activities, and possibly try something new. Although many people cycle, walk, run and swim as their normal exercise, others take part in extreme sports such as rappelling, climbing, skydiving and parasailing. Is this the time you try a new sport, or will you stick with what you know?
Continue Reading: Avoiding Climbing Accidents and Other Injuries from Extreme Sports
April 11, 2014 | Finz & Finz, P.C.
Rescue workers in late March 2014 worked nonstop unearthing bodies swallowed by a landslide in Snohomish County, Washington that killed a number of people. The county’s emergency management director told reporters that officials invested millions of dollars after a smaller landslide wrecked the area in 2006. He also told reporters that residents knew the area was prone to landslides. A University of Washington geology professor told “The NewsHour” on PBS that logging occurred in the region years ago and could have been a factor in the landslide.
Continue Reading: Protect Yourself From Landslides—Before and After
February 24, 2014 | Finz & Finz, P.C.
New Year’s Eve is not the only night that proves festive. The new year itself brings about a whole new round of birthdays, city celebrations, graduations and more. Celebrations can be the scene for many mishaps ranging from drunk driving, to electrocutions, to slips and falls and much more, no matter what the occasion. As we ease into the first quarter of the new year, it is our goal to end the year on a positive note.
Continue Reading: Any Celebration Can Cause an Accident
February 10, 2014 | Finz & Finz, P.C.
America is known for sports fans through their dedication, team spirit and family legacy. We cheer and support everything from our kids’ games to the professional tournaments like the Final Four and the Super Bowl. Some of us know how to channel that energy in healthy ways and keep our spirits in tact. But, what about the fan who goes overboard turning the venue into an all-out brawl because of team rivalry? How far do we go when we show our allegiance to our favorite sport?
Continue Reading: Sports Events and Fan Violence: Brawls that Turn Deadly
December 13, 2013 | Finz & Finz, P.C.
Writing an accident report when you have been involved in an accident is often not the first thing on your mind. You have police investigators to deal with, witnesses who you want to enlist, and coping with your own possible injuries and trauma. But, accidents reports are very important, particularly if you plan to meet with an attorney who will help you with your personal injury case. It’s best to have some items in hand when you do meet with an attorney, and keeping yourself organized will assist with any investigation.
Continue Reading: Accident Reports: What You Need To Know
December 11, 2013 | Finz & Finz, P.C.
The holidays are officially in full swing, and it’s an exciting time for everyone. Our homes are decorated, our lights are up, our driveways are scraped, and the kids can hardly contain themselves with anticipation of receiving some favorite gifts from a special holiday visitor. Along with all the festivities also come an array of accidents that occur specifically in and around the home during the holiday and cold-weather season. Here are some likely injuries that can occur when you are doing tasks that you normally would not do the rest of the year:
Continue Reading: Holiday Home Injuries: Fires and Ice and Falls, Oh My!
December 05, 2013 | Finz & Finz, P.C.
Americans love their homes; they do what they can to make it a safe place for friends and family by creating a stable and heartwarming environment for all who visit and live there. We make sure our home is maintained so as not to cause accidents, and we do our best to make it a place where injury is avoided. But, as we all know, the home can also be a scene of accidents ranging from light abrasions to head injuries. What are some of the most common household accidents and injuries?
Continue Reading: Common Home Accidents: From Cuts to Brain Injury
November 28, 2013 | Finz & Finz, P.C.
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?
Continue Reading: Kids Behind the Wheel Without a License
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.
Continue Reading: The Rights of an Innocent Bystander Shot by a Police Officer’s Stray Bullet
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?
Continue Reading: Long Weekends and Holiday Travel: What You Need to Know to Prevent Accidents
October 30, 2013 | Finz & Finz, P.C.
When you or your children want to engage in other recreational activities, climbing walls beckon as a form of trying something new. Now popular at gyms nationwide, climbing walls give us a chance to use different muscles and conquer our fears in a safe environment. And, not to be outdone, zip lines are finding their place in recreation venues and other locations, as well. While activities like climbing walls and zip lines do not always take place at amusement parks, it’s important to be aware of injuries and accidents that can occur when taking part.
Continue Reading: Climbing Wall and Zip Line Injuries
October 08, 2013 | Finz & Finz, P.C.
Recent news reports featured a hostage situation in a mall in Kenya when a group of shooters opened fire on those who were shopping. Another incident left 12 dead in a military shipyard on the East Coast. Others remember the shooting that occurred in a Colorado movie theater last year, and at a children’s school in early 2013. Organizations prepare themselves for disaster and emergency incidents like shootings and generally have a plan in place for evacuation. They have trained their personnel to keep their people safe, and know where the exits are located. But, what if you, as a shopper or consumer or movie lover, are caught in a situation that requires you to be quick on your feet, and forward-thinking in your actions? Here we will share some things you can do to protect yourself if you encounter a situation that involves gunfire.
Continue Reading: Shooters at Malls, Theaters and Shipyards: How to Stay Safe
September 26, 2013 | Finz & Finz, P.C.
A sad train accident in Spain earlier this summer proved to be the worst rail accident in that country in decades, killing 79 people and injuring many more when it crashed into a wall and spun off the tracks. The driver of the train was on the phone, taking a call from a rail employee and missed the mark on applying the brakes until it was too late. The brakes were applied seconds before the crash occurred when it slammed into a concrete wall causing several of the cars to catch on fire. Generally, the brakes should have been applied a few miles before that part of the track, slowing it down to 50 mile per hours, instead of the 95 miles an hour it was travelling at the time of the crash.
Continue Reading: Distractions Not Only Among Automobile Drivers
September 03, 2013 | Finz & Finz, P.C.
Labor Day brings about a three-day recreational weekend for many, and this year proved to be no exception. Picnics, barbecues and celebrations commemorated the last long weekend of the summer before school starts. Final travel efforts were made for family road trips and reunions. With heightened travel, heavier traffic, and sparking up of the grill at campgrounds and picnic areas, three-day weekends pose problems of their own if safety is ignored. With all the festivities you may have encountered, there are some situations that landed others in the emergency room.
This past weekend, and any future long weekend, warrants taking special considerations in mind. We know that travel will be heavier on weekends like Labor Day and it makes sense to plan your travel routes so that you avoid the heavier traffic times of day or the routes that are most congested. Friday afternoons and Monday mornings are heavy traffic times, particular for those who cut the workday short on a Friday to arrive at a destination sooner than later. On Mondays of a long weekend, everyone waits until the last minute to take to the road. This means much more traffic than normal, at break-neck speeds in many cases. If you can, travel one day earlier and start toward home one day before the rest of the country. Remember that everyone wants to arrive at their destination just as much as you do, and practicing patience is always the best policy.
Picnics and parties mean drinking and other recreation like boating, ATV'ing, water skiing and more. Did you have alcohol at your celebration? Chances are there were some adult beverages on hand. A rule of thumb for all future celebrations is to never get behind the wheel of any vehicle if you have been drinking, and never get on board a vehicle operated by someone who has been drinking or appears intoxicated. If you are unsure whether or not the operator has been drinking, stay off the vehicle altogether.
As safe as the surroundings may be in a picnic area or campground, grilling and burn accidents account for many accidents around holidays like Labor Day. Improper tending of a grill or using a charcoal grill in windy or extreme fire conditions could mean a fire out of control that reaches your property or even worse, comes in contact with you. Staying safe around the grill means not wearing long sleeves, having a fire extinguisher handy and making sure little ones are out of the way so they don't accidentally touch the grill or put themselves in the way of the grill master who may not be paying attention to anything except the burgers.
Americans love three-day weekends and we hope that your Labor Day holiday was without incident. If you were injured due to a car accident or neglect of another party during the Labor Day holiday, enlisting a law firm who can help you with your personal injury case will ensure you find closure and make for better holiday celebrations to come.
Continue Reading: Labor Day Accidents—Were You Involved?
July 03, 2013 | Finz & Finz, P.C.
In all parts of the country, the summer heat can bring scorching temperatures up to the 120s, and humidity that drains us of every ounce of protective water in our bodies. Yet, because summer is the time when most of us travel with family and friends, it’s imperative to take any type of heat-related precaution when it comes to safety during company-run field trips and hiking excursions. We sign up for river rafting trips, take part in group hikes, and ship our children off to summer camps. In the summer, these areas can become danger zones and death traps if someone isn’t paying attention.
Continue Reading: Keeping Your Cool on a Field Trip Excursion
June 28, 2013 | Finz & Finz, P.C.
Earlier in May, a devastating tornado touched ground in a small town in Texas, killing eight people and leaving many more without homes. Shortly after, two major tornadoes hit Oklahoma, leaving even more devastation behind. Natural disasters occur often and sometimes to the point where those living in the area or surrounding areas fail to pay attention to their own safety. They “ride out the storm” or “stick it out” only to either wake up in a land of devastation or find themselves without home, car or family. In the wake of these recent tornados, what are some of the precautions that can be taken next time nature takes its course?
Continue Reading: Tornadoes: Not Just in Kansas
June 20, 2013 | Finz & Finz, P.C.
We’re right in the thick of summertime activity with vacations and upcoming family reunions. That means taking to the road and the air to get to our destinations quickly so we can enjoy as much time as possible with extended family and friends. Other than the joy we experience from being with friends and family, family reunions bring out a different side of ourselves when we encounter adventures that we wouldn’t do in our every day lives. Here are some of the recreational events that might occur at a family reunion:
Continue Reading: Family Reunions: Protecting Your Family at the Yearly Gathering
May 30, 2013 | Finz & Finz, P.C.
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
May 30, 2013 | Finz & Finz, P.C.
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
May 29, 2013 | Finz & Finz, P.C.
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
May 13, 2013 | Finz & Finz, P.C.
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
May 13, 2013 | Finz & Finz, P.C.
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
April 08, 2013 | George M. Heymann Former Judge NYC Civil Court Housing Part
What are the obligations of health clubs to use an automated external defibrillator [AED] when a member suffers a heart attack while working out?
Continue Reading: What are the obligations of health clubs to use an automated external defibrillator [AED] when a member suffers a heart attack while working out?
February 25, 2013 | Finz & Finz, P.C.
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
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
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
December 21, 2012 | Finz & Finz, P.C.
We see the stories in the headlines every year around the holidays. Someone is injured at home decorating the tree, or returns from a well-deserved vacation and finds damage to their home from fire or water. When an accident happens involving the home, who is at fault? The manufacturer of the fireplace? The caretaker who was house-sitting while you were away? The manufacturers of the Christmas tree lights? The owner of the home who accidentally posed a threat to guests? Home damage presents many problems and it is difficult to ascertain who is at fault, especially if you or someone is injured as a result.
Continue Reading: Keep the Home Fires Burning… Safely
December 21, 2012 | Finz & Finz, P.C.
The holidays are here and theft is on the minds of many thieves, including some who use extreme measures to break and enter into a home and overcome the owner at all costs to get what they came for, or to steal what money they can quickly access. We’ve all heard the stories about people who are injured when they find themselves in the middle of a burglary. Don’t let that happen to you.
Continue Reading: Holiday Theft: Surround Yourself with Safety Measures
December 14, 2012 | Finz & Finz, P.C.
‘Tis the season of giving, and many of us have gifts for small children on our holiday shopping lists. We often bring those same children shopping with us as we rush from store to store, and aisle to aisle within the store. We load up the shopping cart to a point where we can barely see the child in the cart, and leave them unattended while we go to another part of the store. Or, we take our eyes off them for a few seconds. Both parents and children become distracted while shopping. We think of an item we need while we’re in the meat section, and kids see toys and other bright colorful objects out of immediate reach. But, even as we try to watch our kids every second, a number of injuries could occur in an area as common as the neighborhood grocery store.
Continue Reading: Keeping Our Kids Safe in a Season of Giving
December 14, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
A 26 year old, together with his 26 year old girlfriend spent hours drinking at a popular bar in Southwest Florida. At around midnight they left the bar as he staggered to the parking valet outside, and produced his valet ticket. Despite his appearing visibly intoxicated (Staggering, slurred speech, blood shot eyes, lack of coordination), the valet brought his car to him. Getting behind the wheel with his girlfriend in the passenger seat, the car sped off.
Continue Reading: The Dram-Shop Laws and its Confrontation with an Invitation to Kill
December 11, 2012 | Finz & Finz, P.C.
The company holiday party is just around the corner, and everyone has worked hard for the opportunity to relax and show their casual sides. Co-workers want to know: Will someone spike the punch again? Will inhibitions likely surface due to alcohol consumption? Will someone take a spill on the dance floor again while showing off the latest moves from Dancing with the Stars? We like to think that employees and guests will be well-behaved in the presence of their supervisors, but that’s not always the case. In fact, if the boss is drinking and living it up, why shouldn’t everyone else do the same? Truth be told, the holiday party can pose numerous risks for injury and negligence, particularly if alcohol is on the menu.
Continue Reading: Drinking at the Holiday Party? Only in Moderation!
December 11, 2012 | Finz & Finz, P.C.
You've been waiting all year for the perfect holiday vacation for the family. The tickets were purchased months ago, you arranged for time off from work, and the kids will be on winter break. What could go wrong? According to the World Health Organization, injuries while travelling are among the leading cause of preventable deaths. Don’t make this the year that you become a statistic.
Continue Reading: Don’t Break Your Back on Holiday Vacation
December 04, 2012 | Former Judge NYC Civil Court Housing Part George M. Heymann
Everyday millions of individuals in the New York metropolitan area use public transportation such as buses, subways, or the railways. Fortunately, these methods of transportation are considered safe and, with few exceptions, most riders arrive at their destinations without incident. However, in those instances where a passenger is either injured or killed a lawsuit will necessarily follow, alleging negligence on the part of the particular carrier and /or the driver, motorman or conductor.
Continue Reading: Accidents on Public Transportation
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.
Continue Reading: Social Responsibility When Witnessing Incidents on the Road
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
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
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
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
October 23, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
A recent case, Pavone v. Marte, decided by Justice Bernard J. Graham on September 19, 2012, addresses the emergency doctrine, a New York rule adopted from the common law. The interesting facts are these: The defendant Marte was a counselor of a day camp who at the time, had a number of children in her charge as they were entering Central Park in Manhattan for a camp-sponsored outing. In keeping with her training, Marte stood in the middle of a crosswalk having crossed with the light, as she held up a “stop” sign for oncoming traffic so that her children could cross with safety. Before all of the children could reach the other side of the street however, the light changed. Marte continued to hold her “stop” sign up as a number of bicyclists approached the crosswalk. They stopped at her signal. The plaintiff Pavone, another bicyclist, was moving rapidly heading toward the crosswalk, and despite the presence of the “stop” sign being held by Marte, and notwithstanding her shouting to him to “stop” fearing he would either hit her or the children still in the crosswalk, he continued on without slowing down. It was then that Marte struck his arm on the “stop” sign causing him to fall off his bicycle, sustaining personal injuries. Pavone thereafter, brought suit in negligence against Marte who moved for summary judgment, asserting that the emergency doctrine should act as a legal bar to Pavone’s cause of action against her.
Continue Reading: The Emergency and Rescue Doctrines - a Quasi “Common Law Marriage” in Negligence Law
October 22, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
American law is essentially rooted in fairness. Thus it permits an injured plaintiff to sue for personal injuries, and conversely gives a concomitant right to a defendant to defend a case brought against it. Based upon that common law premise, neither party can willfully destroy evidence that the non-violating party has a legal right to inspect or assess. Were this is not the rule of law to be strictly enforced, evidence that would be adverse to a party could be destroyed at will, thus preventing the opposing party from using the “destroyed” evidence in order to support or defend its case.
Continue Reading: Willful Spoliation of Evidence in a Negligence Case - A Dangerous Move
October 17, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
Questions often arise as to the rights of the citizen who claims police brutality and personal injury before, during, or after an arrest. Does such an individual have a cause of action against the allegedly offending police officer and the municipality or the state that employs him?
Continue Reading: The Force used by a Police Officer in the Discharge of his Official Duties must be Reasonable under the Circumstances
October 07, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
An action against New York City requires that a Notice of Claim be filed within ninety days of the event that is the subject of the claim. Essentially, the Notice of Claim must contain sufficient enough detail in order that the municipality will have an opportunity to timely investigate and assess the bona fides of the claim so as to prepare a litigation strategy that will address the claimant’s allegations.
Continue Reading: The Late Filing of a Notice of Claim against New York City in a Negligence Case
September 25, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
Under our civil law, the plaintiff has the burden of proof to establish by a fair preponderance of the credible evidence that the injury sustained resulted through the negligence of the storekeeper defendant. The law also recognizes there are those cases where the instrumentality that caused the injury was within the sole knowledge and exclusive control of the defendant. That being the case, there is a specific rule of evidence known as res ipsa loquitor (meaning “the thing speaks for itself”), which once raised by the plaintiff shifts the burden to the defendant owner to offer credible proof that the instrumentality that caused the injury was either not dangerous in its ordinary use, or that the instrumentality did not cause the injury claimed (or some other defense). A recent case, Bonfante v. Mane, Inc., reported in the New York Law Journal on June 26, 2012 (Nassau County, Justice Galasso), is in point. There, a patron visited a salon for a massage. She was placed on the table and when the masseuse used hand pressure on her, the table tipped, causing her to fall and sustaining injury. Presented with those facts, the Court ruled that the doctrine of res ipsa loquitor was applicable and directed that the defendant store keeper was negligent as a matter of law, thereafter setting the case down for an assessment of damages by a jury.
Continue Reading: A StoreKeeper’s Negligence when the Instrumentality that Causes Personal Injury is in the Sole Knowledge and Control of the Storekeeper
September 25, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
There are thousands of products on the market, each of which can cause harm to the consumer or user of the product. When injury occurs as a direct consequence of use, there are various theories of law and legal remedies available to the consumer. For example, the product may have a design defect, or it may have been manufactured with a defective part, or it may have been manufactured negligently (below the reasonable standard of the industry), or it may have failed to affix warnings of its dangers on the product sufficient and prominent enough to alert the consumer of its potential to cause harm if used improperly, etc.
Continue Reading: A Consumer’s Rights against a Retailer