Articles Tagged with injury

Fence-around-swimming-pool-scaledWestern New Yorkers finally get a chance to enjoy some nice weather during the summer months. Many locales flock to swimming pools to cool off as the weather heats up. Pools provide an excellent way for parents to keep their kids entertained while swimming or relaxing in the sun. Unfortunately, a lovely pool day can become a tragic nightmare when pool owners fail to provide basic safety precautions or children are left unsupervised. According to the Centers for Disease Control and Prevention (CDC), around ten victims lose their lives daily in unintentional drownings. When a loved one suffers injury or drowns in a pool, the property owner can be held responsible for the damages.

Factors That Increase The Risk Of Drowning 

Drowning is the 2nd leading cause of all unintentional injury fatalities, behind only car accidents. Children ages 1-14 suffer approximately 20 percent of drowning deaths. The following elements significantly heighten the risk of drowning:

Automobile-Defect-Blog-scaledAccording to the Insurance Institute for Highway Safety (IIHS), in a recent year alone, there were over 1,040 motor vehicle crash-related deaths throughout New York State. Although defective vehicles and components commonly contribute to or significantly worsen many car accidents, most victims never even realize it. Collisions involving automobile defects are typically caused by dangerous vehicle designs, substandard components, and other manufacturing errors. All car designers and manufacturers have a legal duty to ensure their vehicles’ safety before marketing them to the public. This duty requires car makers to carefully inspect their vehicles for defects that could unnecessarily harm consumers. Unfortunately, some of the most prominent car companies fail to examine their vehicles adequately. Many manufacturers have even known about critical deficiencies but tried to conceal them from the public. 

Most Common Types Of Car Defects

For an automobile to function correctly, thousands of electrical, hydraulic, and mechanical components must operate together. When even the most minor part malfunctions, the outcome can be catastrophic. For example, if faulty brake pads fail as a truck nears a red light, the truck could T-Bone another vehicle. Some frequently occurring instances of automobile defects include: 

Fall-Down-Stairs-scaledFalls are one of the leading causes of personal injury accidents throughout the United States. While falls can happen anywhere, these accidents are especially common on stairs. Each year, more than 1 million victims injure themselves on stairways. All property owners and managers are legally obligated to keep their properties safe for tenants, visitors, and workers alike. This obligation includes inspecting and maintaining stairways and making timely repairs to potentially dangerous conditions. When a staircase accident occurs because of hazardous or improperly maintained stairs, the responsible property owner, landlord, or management company can be held liable for the victim’s damages. 

 Common Causes Of Falling Down Stairs

Walking up and down stairs can be extremely treacherous when staircases are improperly constructed, insufficiently inspected, or inadequately repaired. While stairway accidents can take place for almost any reason, some frequent causes include:

spinal-cord-injury-blog-post-scaledThe spinal cord is a long, cylindrical pathway that connects your brain to your lower back. It is a delicate structure composed of vertebrae, discs, nerves, and other tissues. A spinal cord injury consists of any damage to a segment of the spinal cord or nerves at the end of the cauda equina. When part of the spine gets damaged, areas of the body below the site might not receive nerve messages and suffer changes in sensation, strength, and other critical body functions. According to the National Spinal Cord Injury Statistical Center (NSCISC), a recent estimate revealed that more than 17,800 victims suffer spinal cord injuries yearly. Approximately 294,000 individuals throughout the country are currently struggling with spinal cord injuries. 

Common Causes Of Spinal Cord Injuries 

Although almost any personal injury accident can result in spinal cord damage, car accidents are the leading cause. Recent figures from the NSCISC showed that more than 38 percent of all spinal injuries were due to crashes. Some other frequent causes of spinal cord damage include:

Wrong-Way-Car-Accident-Blog-scaledWe have all heard stories about collisions involving motorists driving towards oncoming traffic in the wrong lane. Wrong-way car accidents occur when a car driving in an inappropriate direction strikes another vehicle. Typically, wrong-way car accidents result in head-on collisions. These car crashes occur more often than most people would think and usually bring about devastating injuries and deaths. In a recent 8-year period, nearly 3,900 fatal injuries were caused by wrong-way crashes. 

Common Causes Of Wrong-Way Collisions

Drivers who are unfamiliar with a particular area are generally more likely to drive on the wrong side of the road mistakenly. This type of accident also has a higher probability of occurring over the weekend and at night. Some other frequent causes of wrong-way accidents include:

Camp-Lejeune-FAQ-1-scaledBetween 1953 and 1987, over one million Marines, military contractors, and their families living or working at Camp Lejeune and Marine Corps Air Station (MCAS) New River may have been exposed to toxic chemicals through water contamination. Military officials were aware of the tainted water as early as the 1950s. Still, they chose to ignore it and even failed to warn those on base. Although multidistrict litigation (MDL) was formed to streamline Camp Lejeune water claims, in 2016, a judge dismissed roughly 850 lawsuits under the Federal Torts Claims Act. Later in 2019, the Secretary of the Navy denied all remaining civil claims, which left approximately 4,500 plaintiffs with claims exceeding $963 billion in damages without compensation. 

Fortunately, the United States government has decided to acknowledge the rampant water contamination that plagued Marines for over three decades. Once President Biden signs the Camp Lejeune Justice Act of 2022, veterans will finally have a chance to seek justice for the harm that they have suffered from the water contamination. This is excellent news for everyone affected by the tainted water, especially the victims previously denied justice. It is believed that this could be one of the most significant water contamination mass tort cases in history. 

What Caused The Water Contamination?

NOTARY-BLOG-scaledCertain deeds, papers, and writings must be notarized to qualify as evidence of the facts therein contained. To notarize a document, it must be signed and sworn in front of a public official called a notary public. In other words, a notary public serves as an impartial witness to execute acknowledgments on important documents requiring the administration of an oath. The general authority of a notary public is outlined in NY CLS Exec § 135. In New York, notaries must be commissioned by the Secretary of State. To become licensed, applicants must be a resident or have a place of business in New York State, be at least 18 years old, submit a completed application and pay the required fee to the Department of State, and pass the NYS Notary Public Exam. A notary public’s term of commission is four years. 

What Are The Main Responsibilities Of A Notary Public?

According to the New York State Department of State, notarial functions include the following:

Hearsay-Blog-scaledBy definition, hearsay is any statement made outside of court but repeated at trial to support the legitimacy of the asserted matter. The hearsay rule regulates what evidence a judge or jury can take into account at trial and can apply to both oral testimony and written documents. When a witness obtains information from someone else but did personally observe the event, unless some exception applies, that witness cannot repeat what the other person told them. Instead, the witness’s testimony must be based upon their own experience, a first-person account. In personal injury cases, the hearsay rule often has profound implications on proving legal issues, such as negligence and damages.

An Example Of Hearsay 

If a witness to a collision says, “I saw the yellow Ferrari make a right turn and hit the red Honda in the front driver’s side.” This would be regarded as an acceptable statement because the witness is recounting what they saw with their own eyes. However, if the witness says, “After hearing a loud noise, I looked over and noticed that a crash occurred. Jane Doe told me she saw the accident, and the Ferrari T-boned the Honda.” That would be considered an inadmissible statement under the hearsay rule. This is because Jane is not present at trial to be cross-examined by the opposing counsel, and the witness only recounts what Jane Doe said instead of something observed firsthand.

DUTY-OF-CARE-scaledTo prove fault in most personal injury lawsuits, a plaintiff must show that the defendant was negligent. Victims have the burden of demonstrating four legal elements to prove negligence. The first element of negligence is the at-fault party’s duty of care. Typically, this is one of the easiest elements to prove because everyone has a basic obligation to avoid unnecessarily injuring others. The duty to act appropriately is relevant in almost every situation and is often assumed by being in another’s vicinity. In other words, you must implement the same degree of caution and consideration that a reasonable person would exercise given the same situation. Someone does not need to assume the duty of care to another party voluntarily. It can be imposed just by being in a specific place at a specific time.  

Breaching The Duty Of Care 

The defendant does not need to know you to owe you reasonable care. However, the duty can be based on the relationship of the parties. Additionally, according to New York law, those in certain positions or professions can be held to a higher standard of care to prevent harm. After determining that a defendant owed you a duty of care, you must show how they breached it. A breach arises when an individual’s actions or inactions fail to meet the appropriate standard of care. When a defendant is required to act a certain way and fails to do so, they may be regarded as having breached their duty. Depending on the circumstances, the standard can be breached in numerous ways. Some common examples of breaches include: 

Common-Defenses-Blog-300x149If you have suffered severe injuries in an accident caused by someone else, it only seems fitting that the person or business should be held liable for your losses. Unfortunately, personal injury cases are not always as straightforward as most people think. While the victim has to prove that the other party was negligent, it is not uncommon to see the insurance adjusters or defense lawyers raise defenses. When certain defenses are successfully demonstrated, at-fault individuals may be able to wholly or partially avoid legal responsibility.

Affirmative Defenses 

Defense lawyers often try to do everything possible to minimize or even eliminate the amount of compensation that a plaintiff rightfully deserves. When an affirmative defense is brought up, the burden of proof shifts to the defendant to demonstrate it. If the defendant successfully proves a defense, the plaintiff can try to disprove it. Defenses commonly asserted in injury lawsuits include: 

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