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New York City Personal Injury Law Blog

Man was driving 100 mph when he caused fatal accident

When people get in their vehicles to drive in New York, most are not thinking that they will be in a car accident. While everyone knows that it is a possibility, they are generally only thinking about getting to their destination and what they need to do once they get there. However, car accidents can occur to anyone, even those who are doing everything right and driving safely. This is because people cannot control the other drivers on the road and sometimes the other drivers do things that make it impossible to avoid an accident.

Recently a 57-year-old woman tragically lost her life because another driver was driving very recklessly. The man was travelling 100 miles per hour in a 35 mile per hour zone. In addition to this he ran through three red lights before causing a chain reaction accident. The impact was so severe that the woman's car burst into flames. The driver was charged with a number of offenses including second-degree manslaughter and criminally negligent homicide.

Holding a property owner liable in a premises liability action

We all likely enter the property of others on a daily or at least weekly basis. Whether you are going to work, school, shopping or to a friend's house, one is accustomed to entering another's property without issue. There is the underlying assumption that the property owner has taken measure to reduce and even eliminate any hazards or dangers that may be present on the property. Unfortunately, this is not always that case. A visitor could suffer a sudden and unexpected injury, giving rise to a premises liability action against the property owner.

In order to hold a property owner liable, certain factors need to be assessed. To begin, the legal status of the injured visitor should be established. Were they an invitee, social guest, licensee or a trespasser? In most cases a trespasser does not have an implied process that the property is safe and clear of hazards. Next, the condition of the property should be assessed. This means determining if reasonable care has been exercised for the safety of any visitor.

What workers are covered by workers' compensation?

New York's workers' compensation program is designed to provide financial assistance to workers who have been injured on the job, so that they can pay for medical care and to help them cope with the loss of income during their recovery. Ideally, an injured worker should file a claim and the employer's insurance provider will then provide the worker with benefits. Unfortunately, the process of filing a claim and receiving the benefits is often difficult. One issue that may come up is a question of the work status of the injured worker. What workers are covered by workers' compensation?

Property owners' liability for injuries caused by crimes

There are many different crimes that occur through New York. Some affect only property such as theft and others affect other people physically such as assaults. However, no matter what type of crime occurred the victims of the crime can be left in a very difficult position. The victim could suffer both physical and financial hardships especially if they were attacked and required medical treatment for the injuries. After a crime sometimes it is difficult for the victim to receive compensation for their injuries, but the victim may have options.

One option is to potentially sue the individual responsible for the crime, but that can be difficult depending on the financial resources of the criminal. The victim may also be able to receive compensation from a property owner though if the crime occurred on their property. However, property owners are not automatically liable for the crimes on their property and certain requirements must be met first.

Driver with 9 outstanding warrants causes 4-car crash

Farmingville was recently the scene of a multi-car accident whose details are almost too much to believe. On the evening of Tuesday, Jan 8. 30-year-old Taylor Darienzo ran a red light at the intersection of South Bicycle Trail and Granny Road which caused a 4-vehicle accident. Darienzo fled the scene and was arrested shortly after.

One of the other motorists, Gregorio Paredes-Mendez, was transported to Stony Brook University hospital after suffering serious injuries. The other two motorists, Marisol Caprano and Michael Biddlecomb, were also transported to Stony Brook to be treated for minor injuries.

Helping you take action following a New York car crash

As any New Yorker can attest, the roadways in the city are busy. This can lead to drivers getting aggravated, sometimes making impulsive decisions because they are late and stuck in traffic. Whether it is due to the heavy traffic, distractions, intoxication or any other form of negligence, many automobile collisions are caused by negligent drivers. And when one is harmed in a crash, it is important for victims to understand what legal recourses they might have.

Even though it is common to drive by an accident site in New York, motorists are never prepared to be involved in a collision. The aftermath of a car crash can be overwhelming, and the attorneys at Marder, Eskeen & Nass understand how difficult it can be for accident victims to navigate the matter. Therefore, our law firm is dedicated to helping clients in the New York City area understand their rights and options.

Protections for construction workers under Labor Law 241

As the economy had been slowly getting better and better, construction projects began in much more frequency in New York. There were many projects, some of them small and some very large and this requires many more workers. The more projects and the more workers means that there is also a higher likelihood that the workers could be injured in a construction accident as well. Not surprisingly there were many workers that were in fact injured as well.

That is why it is so important that the construction companies follow all of the safety regulations to try and limit the number of accidents and ultimately the number of injuries. That is also why there are laws such as Labor Law 241 which sets various safety requirements that the companies must follow.

Protections for construction workers who fall

There are many construction projects going on at any given time in New York. These construction projects can have benefits not only for the owner of the property who will end up with a new or remodeled building, but also the construction companies and the construction workers who earn their income working on these construction projects.

However, in order to be able to work and earn that income they need to be healthy. Unfortunately, construction projects have many dangers associated with them especially if safety protocol is not followed.

Basic process for a workers' compensation claim

People in New York go to work each day and generally go in thinking about what they have to do for the day. Most are not thinking about their safety. However, some jobs are more inherently dangerous than others and, unfortunately, workplace accidents occur from time to time. Some of these accidents result in injuries to the employees and some can be very devastating for the employee. They may cause the worker to incur significant medical bills and miss time at work.

This can create a very difficult financial situation for the workers as they recover from their injuries. That is why workers' compensation benefits were created. These benefits can pay for the medical bills and also a portion of the lost wages. However, in order to receive these benefits, the workers must make a workers' compensation claim and there is a process they must follow before they receive the benefits.

Slip-and-fall accidents during winter months

In New York and other states across the nation, winter weather can cause hazards. For the most part, individuals think of the way snow and ice make road travel dangerous; however, it can make other places individuals are traveling by foot risky as well. Parking lots and sidewalks can get covered in snow and ice and snow filled boots can bring in waters indoors. While these are very common occurrences, when they do occur, property owners are expected to take action.

Whether it is plowing a parking lot, salting a sidewalk or mopping up the floor, there are various ways a property owner could make their property safer for visitors and patrons during the winter months. A wet floor is a very common reason for a slip-and-fall accident indoors. And with regards to an outdoor fall, ice and snow play major roles, especially during the winter.

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