I was badly injured in a motor vehicle accident. The other driver was a young person driving an older car. The other driver had a passenger in the car. But the driver said that they had a job and were running errands for their boss. What claims do I have? The first claim you should … Continue reading Dual Purpose Doctrine for Respondeat Superior
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A hockey puck hit me during practice. I play for my college team. I sustained a concussion. My doctor says I will have to miss most of the season because of the injury and I could have long term injuries to my brain. Can I sue the school for my injuries? Generally, you do not … Continue reading Assumption of Risk Under Compulsion
My wife went into labor about three weeks early. She was in labor about 12 hours when the doctor suddenly said that my wife needed an emergency caesarian section. Our baby only lived about a week before she passed. What kind of claims do we have against the doctor? I am sorry for your loss. … Continue reading Emotional Distress Claim for Malpractice
I am a construction worker. The accident occurred in a staging area Labor Law New York construction site while I was retrieving tools. The accident occurred next to the building on which we were working. The area was a space where many trades had stored their materials and tools while the job was ongoing. What … Continue reading Staging Area Labor Law New York: Are Accidents in Staging Areas Covered?
My son was in an accident walking home from school. A car coming from a driveway struck him while he was walking on the sidewalk and injured his arm and leg. What claims does my son have? Your son has two different claims. As explained in prior posts, New York is a no fault state. … Continue reading Infant Pedestrian Struck While Crossing Over Driveway
I fell at a job site while installing new wiring. I work as an electrician. The building owner hired my company to run new wiring through the structure. I fell off an unsecured ladder while snaking cable through a wall. What legal claims do I have in New York?" If you are an electrician who … Continue reading Electrician Injured While Installing Wiring Covered Under Labor Law
A car ran a red light and hit my car. The police that responded to the scene told me that the person driving had just come from a dentist's office. The policeman told me the driver was administered laughing gas for a tooth extraction. The driver had no idea what happened in the accident. I … Continue reading Doctor’s Duty to Non-Patients
When an MTA bus driver fails to lower the bus kneeling mechanism for an elderly or disabled passenger, can the transit authority be held liable for resulting injuries? Under New York law, public transit operators owe a duty of reasonable care to safely discharge passengers. However, determining negligence when a driver fails to engage a … Continue reading Bus Fails to Use Kneeling Device
I tripped and fell while walking in a strip mall parking lot. This trip and fall during a power outage occurred at night, with the electric power out for several blocks around and including the mall. I did not see a concrete block in front of a parking spot and fell. Do I have any … Continue reading Trip and Fall During a Power Outage
I have a classic red 1967 Ford Mustang convertible car. It was my pride and joy for many years. Unfortunately it was damaged in a fender bender. I could not afford the special insurance rider for this car. So I do not have collision coverage. I also know that some of the damaged car parts … Continue reading Classic Car Property Damage