Category: Accidents
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
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
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? The answer depends
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
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
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