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Slip and Fall & Trip and Fall

What is foreseeability in personal injury law?

chest x-ray

A lot of elements come into play in personal injury cases. Concepts like causation, negligence, and duty of care all determine whether you are entitled to compensation for your injuries and financial losses. With some personal injury claims, an additional concept applies—foreseeability. Foreseeability refers to the issue of whether a reasonable person would have foreseen…

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New York State sues after OSHA eliminates workplace injury reporting rule

work injury claim form pen glasses

The Occupational Safety and Health Administration (OSHA) recently eliminated a 2016 rule that required companies with at least 250 employees to electronically submit annual reports on all worker injuries or illnesses. Its removal is being contested in court by New York, New Jersey, Illinois, Maryland, Massachusetts, and Minnesota. Businesses will still have to complete and…

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Springtime injuries to watch out for


At the first sign of spring, we start making some lifestyle changes. The heavy winter clothing goes back in the closet for another year. If a destination is within walking distance, then the car stays home. Public parks become busier. Like winter, however, spring has dangerous conditions. There are accidents that appear to occur or…

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Are you a government employee injured on the job? Learn about FECA

helicopter and signal man at work

In New York, most workplace injuries are covered by state workers’ compensation laws. Federal employees, however, are covered by a different law when they are injured on the job. If you slip and fall, are struck by a falling object, or suffer any kind of injury while carrying out duties related to your government job,…

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Snowstorm injuries in New York

snow in New York City

For more than 24 hours, New York has been fast in the grip of a fierce northeast snowstorm. Ten inches of snow fell in the 24 hours ending 8:00 a.m. today… In Broadway and all the avenues and cross-streets… the snow was piled six feet high (and) transit in the remote sections of Brooklyn was…

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Can interns get workers’ compensation in New York?

Intern Job

New York university and college students participate in internships to acquire practical experience and a better understanding of the industry in which they would like to work after graduation. None of them hope that their experience will include a personal injury, but like regular salaried workers, interns can be hurt on the job. Employers in…

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Expert witness testimony in a personal injury case

expert witness at accident trial and lawyer

If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…

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Bystander injuries on construction sites

construction site with crane and sunlight

In February 2016, strong gusts of wind caused a crane in Lower Manhattan to crash down onto Worth Street, killing one pedestrian and littering the surrounding blocks with debris. People on their way to work in the area fled in panic, thinking that a bomb had gone off. An investigation by the city’s Buildings Department…

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How to have a safe Thanksgiving

cooking with fire and pan

Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…

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Who pays my medical bills?

medical bill injury concept

You’ve been injured in a car accident and forced to spend time in the hospital. The doctors say that your fractured hip will require you to have months of physical therapy too. You’re grateful to be alive, but you’re also worried about how your medical bills will be covered. Who is going to pay for…

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Pokemon GO and video game accidents

boy playing video games outside

Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…

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Reasons why a personal injury attorney might decline your case

man woman in a consultation

You slipped and fell at your neighbor’s pool party, and now want to sue them. To your surprise, the first personal injury attorney you met with declined your case. Does this mean that you don’t have a case at all? Possibly, but not necessarily. Personal injury attorneys decline cases for any one of a number…

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Soft tissue injuries in New York

soft tissue hand

Many types of accidents can result in soft tissue injuries. They include but are not limited to motor vehicle accidents, slips and falls, and pedestrian collisions. These injuries, which affect your ligaments, tendons, and muscles, can be extremely painful and limit your ability to work, especially if you are employed in a field that requires…

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Staying safe during the Memorial Day weekend

amusement park rides

Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…

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The “attractive nuisance” doctrine explained

construction site danger

The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…

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Smart—and safe—shopping during the holidays

man slip and fall next to sign on floor

The holiday shopping surge doesn’t end after Christmas or even New Year’s. This is because so many retailers discount  their overstock for days  and even weeks after we put away the decorations and resume our daily lives. Unfortunately, with increased traffic comes a greater injury risk. While malls and stores are supposed to keep their…

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Common Halloween injuries to watch for

Halloween Injuries

As children, we loved Halloween for a number of reasons: the scary costumes, the thrill of stuffing our bags with candy, and the joy of running around the neighborhood with our friends. We also enjoyed being scared by the idea of ghosts, ghouls, and other monsters lurking in the dark. Now that we’re adults, and…

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Accidents and injuries at the swimming pool

pool jump

The weather is warming up, which means that Hamilton Fish Park, the John Jay Public Swimming Pool, Red Hook Swimming Pool, and other public swimming outlets in New York are going to be filled with people of all ages. All of them go to cool off and enjoy themselves, never suspecting that they could be…

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Summer camp injuries in New York

When the weather turns warm, and schools close, many New York parents send their children to summer camp. These camps, which can be day outings or overnight adventures, are a great way to for kids to meet new friends, enjoy nature, and have fun doing a variety of outdoor activities. Unfortunately, it is also possible…

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Public beach injuries in New York


Summer is here, which means that beach season is also upon us. A trip to Coney Island, Manhattan Beach, Fire Island Beach or Rockaway Beach is an enjoyable way to beat the city heat and catch up on our sun tanning or the latest novel. While most days by the seaside result in nothing worse…

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Public park injuries in New York

As spring develops into summer, public parks become increasingly popular with New York families. We head out to Central Park to walk along the winding trails and streams or enjoy some sun tanning at Sheep’s Meadow. On weekends we grab the kids and go to Brooklyn Bridge Park to watch the outdoor movies and take…

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Four myths about traumatic brain injury

Traumatic brain injury (TBI) can have a catastrophic and permanent effect on your life. Immediately after they occur, you face the financial and emotional challenges of medical bills and struggling with insurance companies. In the long run, depending on their extent, such injuries can impair your personality, mental and physical functioning, and even prevent you…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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Slip and fall in stairwells

slip and fall injuries on stairs

In New York City, thousands of people ascend thousands of stairwells every year as they go to work, school, the upper level of a shopping center, and other locations essential to daily life. It is the responsibility of property owners in these buildings to keep the stairs in reasonably safe condition by carrying out regular…

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Assumption of risk in a personal injury case

climbing personal injury

Let’s look at a hypothetical situation. You are out rock climbing with some friends, and during the course of that outing, you fall and injure yourself. Now you want to sue the park or site where the accident occurred, claiming that they were negligent in maintaining the property or warning customers of unsafe conditions. The…

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Skiing accidents in New York

Winter is here, and for the thousands of alpine sport fans all over the country, it also means that ski season has arrived. In New York State there are world-renowned ski resorts and slopes that are perfect for both weekend getaways and destination vacations. Skiing is an exhilarating sport that can involve high speeds, steep…

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Ice skating accidents in New York

sports injuries

When you live in or around New York City, the cold weather season gives the idea of ice skating in Central Park or Rockefeller Center a decided appeal. When you skate on a crowded rink, however, you run the risk of slips, falls, and even serious injury like the following: Traumatic brain injury (TBI) Spinal…

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Shopping mall injuries in New York

large maill

New York City is a mecca for shoppers. It is packed with shopping malls with stores that range in scope from luxury retail to urban chic to affordable family-oriented outlets. Like all public venues that host crowds, however, shopping malls have potential dangers that can cause injury and even death. They include: Slips and falls…

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Social host liability in New York

During the holiday season, bars and private homes are going to be packed with merrymakers. Unfortunately, some of those revelers are going to drive while intoxicated and injure themselves or someone else. The New York dram shop laws impose liability on bars, restaurants, nightclubs, and other public locations that serve liquor to a minor or…

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Swimming pool accidents in New York

pool injury law

Few summertime activities are more exhilarating yet relaxing than a weekend afternoon in a vibrant blue swimming pool. Under certain conditions, however, pools can be extremely dangerous, especially to young children. An estimated ten people die from accidental drowning every day in the U.S.  Drowning is the second-leading cause of death among American children under…

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Paraplegia and quadriplegia injuries in New York

Personal injuries that result in paraplegia or quadriplegia are both physically and emotionally devastating. Once you lose the ability to move some or all of your limbs, your life will never be the same. You will never be able to play with your children, participate in sports and other forms of invigorating exercise, or even…

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Sidewalk trip and fall accidents in New York City

dangerous stairs can cause accident

Sidewalk trip and fall accidents are, unfortunately, common in cities the size of New York. Any one of a number of factors can make a sidewalk dangerous: Substandard construction Uneven or cracked surface Obstructions such as trash or debris Potholes Trips and falls on New York sidewalks can result in serious injuries such as broken…

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What to do after a slip and fall accident

broken sidewalk

You should contact an experienced lawyer right away if you slip and fell on someone else’s property and sustained an injury. What follows are several tips to help you handle your slip and fall injury most effectively. Collect evidence While your main priority should be to get medical help right away, you also want to…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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Avoiding haunted house injuries

haunted house premises liability

It is that time of year again when haunted attractions might be at the top of the list for your weekend plans. Even if you have exciting trips planned to a haunted house, it is worth a reminder about how to stay safe at these locations in order to avoid injuries and accidents. Did you…

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Staying safe getting to and at the stadium: tips for football season

Since 2003, more than two dozen falls have happened at football stadiums around the country. Sprains, broken bones, and fractures are some of the most common outcomes of these accidents. Injuries can also happen in the parking lot or in your vehicle getting to and from the stadium. To fully enjoy the game, keep safety…

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Woman injured at ice rink cannot sue the federal government

injured skating

A woman was injured while skating at an ice skating rink. Under the Federal Tort Claims act (FTCA) and the Eight Amendment, the woman tried to sue the government for her fall on ice according to an August 21, 2014 New York Law Journal article. The woman’s lawsuit was against the government because the ice…

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The workplace accidents dangers of Thursdays in November

workplace injury potential

Sundays are safe, April is safe and Thursdays in November are the worst. That is what a study found when it looked at the number of workplace accidents in Ireland after which workers received compensation as reported by Business and Leadership on November 6, 2014. The study, conducted by the Injuries Board in 2013, found…

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Injured worker who fell off ladder deals with dismissed case

workplace ladder accident fall

A man was hired to renovate bathrooms in a home. He was also going to investigate a leaky skylight. The owner of the home gave him an extension ladder to use to reach the house’s roof according to a July 1, 2014 New York Law Journal article. The worker conducted a “safety check” of the…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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Injured bridge worker granted summary judgment after fall

bronx workplace injury attorney

A man was working on a bridge, 25 feet above the ground when he fell backwards off a plank and into his manlift device. The construction worker, who was hired by the Triborough Bridge & Tunnel Authority (TBTA), brought forth a liability lawsuit for summary judgment against the TBTA as reported by the New York…

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Pathway should be cleared during course of employment

slip fall

During the course of employment, the employer should provide a safe working environment for his or her employees. If an employee is injured during the course of his or her employment, then the employer might be liable for the injuries sustained. A construction worker slipped and fell on ice that was located right in front…

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Ignoring a sidewalk defect can increase one’s liability

An actress while in Greenwich Village, New York, injured both of her wrists and had to undergo surgery and physical therapy when she tripped and fell on a defective sidewalk as reported by the New York Law Journal in an April 22, 2013 article. As a result, she sued the owner of the premises and…

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Jurisdiction is significant in an accident case

case jurisdiction

A plaintiff, who is in his late twenties and is a New Yorker, brought suit against the defendants, a hotel owner, a management company and a cleaning company,  when he was cleaning a kitchen stove, and he tripped and fell into a deep fryer, as reported by the New York Law Journal in a September…

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Overlooking a dangerous condition can put one in harm’s way

slip and fall at pool

Many people go to spas or fitness facilities to relax and get rid of all their tension and problems for a short period of time. A school principal went to a fitness center where she tripped on the ice build-up near the swimming pool and fell on her left side. She injured her left shoulder…

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Employer is not liable for all injuries on the construction site

trip and fall accident attorney

A construction worker while on duty, and carrying materials essential for the construction project at the World Trade Center site tripped and fell due to ice buildup at the site. At the time of the fall, the worker was carrying a panel which was about “9 feet by 2 feet.” The worker sustained injuries and…

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Rain fall increases one’s liability

slip and fall accident

While at a resort, a magazine’s project manager slipped due to a puddle of rain and she fell on the patio and injured her knee. The magazine manager then sued the resort owner, operator and the resort as an entity. She claimed that they failed to keep their premises in a safe condition and they…

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Filing a case is not enough


A now retired schoolteacher brought suit against New York City for a trip and fall she sustained on the school’s gym floor where she worked.  As a result, she broke her arm and sought to recover for her injuries.  This case was filed in 1994 however this case was dismissed in 2008, as reported by…

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New Jersey Court allows a slip-and-fall victim to sue Wal-Mart

Slip and Fall Lawyer

In 2010, a New Jersey woman was injured after she slipped on a puddle of water that was on the store’s floor. The woman filed a lawsuit against the Wal-Mart in 2011 seeking monetary relief for medical expenses and pain and suffering that arose from the fall. According to a My Central Jersey article published…

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Bronx accident attorney discusses whether a ladder was used properly

New York Accident Attorney

The plaintiff, a demolition worker, was denied summary judgment against his employer, the defendant, in Velez v. The Keystone Building Corporation. The two sides disputed who was responsible for Mr. Velez’s fall from a ladder. He needed to climb a ladder as part of his work to reach a sidewalk bridge, according to an October…

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