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”It’s not going to happen to me, right? Besides, I have homeowners and auto insurance.” But, what if it does happen, and you’re faced now with filing a claim through a policy that was purchased twenty years ago? Did you have the coverage required? When the unexpected causes us to
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
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
The place where we most often seek refuge, our “safe” haven, is actually the place where we have the most risk for injury. You guessed it: Our home. Familiarity breeds carelessness in the form of falls on stairs and in dimly-lit hallways, burns from unsafe kitchen conditions, slips in bathtubs
As recently pointed out by former Queens County Supreme Court Justice Leonard L. Finz in his article titled: The Duty of a School to a Student Injured in a School Activity (10/12/12), there are several factors that must be proven in order for a student to succeed in holding a
Crane accidents can cause serious injury and/or death not only for the operator[s] of the crane, but for unsuspecting individuals in neighboring buildings that get struck or those on the ground who have debris raining down upon them. This is especially so in a large metropolis such as New York
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
There are millions of vehicles on our nation’s roads, which number increases with our population each year as the roadways necessary to handle the heavy flow seem to shrink. Inching along with bumper-to-bumper traffic is not only a frustration and time-waster, but a reality every motorist experiences. Thus, with hordes