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New City Personal Injury Law Blog

What are the elements of a premises liability claim?

This post offers only an overview of premises liability law. You should not construe it as legal advice. If you have been injured on the property of another, you should communicate with a New York personal injury attorney to learn more about what remedies may be available to you.

In many situations if you are on the property of another lawfully (that is, with at least the knowledge if not the permission of the property owner), if you suffer an injury while you are there you may be entitled to compensation on the basis of premises liability, which many know colloquially as "slip and fall" liability.

If I am injured in a car accident, how long do I have to sue?

Negligence laws are designed to protect people from distracted drivers who are texting and driving, drunk drivers who are unable to stay in their lane of travel and the driver who is in a too much of a hurry to obey a stop sign. A person injured in any of these and other negligent driver situations might have a right to sue for compensation for the serious injury suffered in an auto accident.

The right to sue for compensation does not, however, last forever. New York places restrictions on the amount of time that an injured car accident victim has within which to file a lawsuit against a negligent driver. This restriction is known as the statute of limitations.

Driver indicted for allegedly causing bus crash that hurt 26

A 37-year-old New York man has been indicted on charges stemming from a drunk driving crash on Interstate 81 that injured 26 bus passengers in November 2014. He faces up to 25 years in prison.

Authorities allege the defendant was impaired on Nov. 6 when he lost control of his car while traveling south on I-81 between I-481 and Onondaga Nation, spinning it sideways. He is then accused of leaving his disabled vehicle in the roadway and walking away from the scene. Soon after, a Pine Hill Trailways bus crashed while trying to avoid a collision with the abandoned car. All 26 people aboard the bus suffered injuries in the accident.

New York accident kills 1 and injures 2

The lengthy investigation of a 2014 three-vehicle accident has resulted in the arrest of a 25-year-old male on April 16. The investigation was conducted by the New York state police and assisted by the Westchester County Medical Examiner's Office, the Westchester County District Attorney's office and other area police departments. The accident resulted in one fatality and left two motorcycles in flames. The man arrested for causing the accident faces a number of charges following a grand jury indictment.

According to the state police, the accused had been traveling south on Sprain Brook Parkway on a 2002 Yamaha motorcycle. Ahead of him, a 2001 Mazda was also heading south. The motorcycle, apparently moving at a high rate of speed, hit the rear of the leading vehicle. The driver of the Mazda lost control of the vehicle and struck another motorcycle, a southbound 2013 BMW, hit a guide rail and rebounded. The 45-year-old rider of the BMW was ejected from his bike and pronounced dead at the scene of the accident, according to emergency responder reports. The accused was also ejected from his motorcycle. He suffered serious injuries and was transported to Westchester Medical Center for treatment. The driver of the Mazda, another male, was also taken to Westchester Medical Center and was treated for minor injuries suffered during the incident.

New York company cited for over 48 safety violations

Employees go to work each day with the expectation that their workplace is safe. Unfortunately, that may not always be true.

Earlier this month, a New York company was cited for over 48 workplace violations. The company, which makes plastic balls used for hydraulic fracturing, allowed its employees to work in an environment that may have compromised their health or led to workplace injuries. Not only did employees work in areas without proper ventilation systems, but they also may have been exposed to chemical hazards.

Car accidents can cause severe spinal cord injuries

Spinal cord injuries have become one of the most common types of injuries sustained by drivers in New York and other parts of the country in car accidents. The World Health Organization estimates that anywhere between 250,000 and 500,000 people around the world suffer spinal cord injuries each year from car crashes, falls or acts of violence. Spinal cord injuries can leave victims with an inability to control their sensory or motor functions and use their arms, legs, back and other parts of their bodies. In some cases, they are left paralyzed after auto accidents.

Motor vehicle accident injuries, including those affecting the spinal cord, can lead to other conditions. Many individuals suffering from spinal cord problems also develop deep vein thrombosis, ulcers or urinary tract infections. They may also often have to deal with chronic pain.

Distracted driving car accident rate on the rise

A new traffic investigatory report suggests that distracted driving is a far more serious issue amongst teen drivers than previously thought. Research suggest that distracted driving is a factor in 60 percent of mild to severe car accidents. That percentage is far higher than information from police reports would suggest. The evidence was obtained by analysis of the last 6 seconds of crash footage taken from in car vehicle event recorders.

The most common types of distractions encountered by teen car crashes were interaction with other passengers and cell phone use. Research found that drivers that who were texting, calling or other manipulation of their phones had their eyes away from the road for approximately 4 out of the 6 seconds right before a crash. Rear-end crash data analysis shows that teens using cell phones failed to use their brakes or attempted to veer out of the way more than half the time.

Man killed, woman injured in New York head-on collision

On March 24, a Pennsylvania man was killed in a car crash on Route 62 in Kiantone. The accident happened at approximately 7:45 a.m. just south of Riverside Road, according to the Chautauqua County Sheriff's Office.

Authorities said the driver of a Ford Focus headed south on Route 62 lost control of the vehicle, left the roadway, hit a guardrail and entered oncoming northbound traffic lanes. The Ford then stuck a Subaru Legacy head-on. The driver of the Ford, a 57-year-old man from Warren, Pennsylvania, was pronounced dead at the scene of the crash. The driver of the Subaru, a 50-year-old woman from Russell, Pennsylvania, suffered injuries to her legs, hand and head. She was taken to WCA Hospital for treatment.

New York patients and misdiagnosis

Being diagnosed with an illness like breast cancer can be an emotionally and physically taxing experience for the patient. An error made by the health care professional when evaluating the results of a diagnostic procedure could lead to a patient being misinformed, mistreated and potentially harmed. Findings from a recent study have indicated that this may be relevant to patients who rely on medical professionals to interpret the results of breast cancer biopsies for an accurate diagnosis.

A recent study showed that evaluations of the biopsies were inaccurate as much as 75 percent of the time. Such medical errors may lead to the failure to prescribe an appropriate treatment for the patient's actual condition. With approximately 1.6 million women having breast cancer biopsies performed each year in the United States, many may need to be concerned about the physician's accuracy regarding the results. A misdiagnosis in a woman suffering from breast cancer can have a significant impact on her odds for a successful recovery if she is undertreated.

Alleged drunk driver kills New York hospital employee

A 36-year-old Long Island woman is facing drunk driving charges after she allegedly caused a fatal wrong-way crash on March 13. The accident happened just after midnight, according to Suffolk County police.

Authorities said the woman was traveling north on Route 25A in Smithtown when she veered into oncoming traffic, slamming into a Toyota Camry. The Camry driver, a 59-year-old Island Park man, was rushed to St. Catherine of Siena Medical Center where he died. Apparently, the victim was returning home from his job as a supervisor in the radiology unit of the hospital when the crash occurred.

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