My 12 year old daughter ran into our street after her cat. Unfortunately she did not see the car travelling down the street which struck her. What claims does she have? No Fault Claim New York is a no fault state. That means your daughter's medical bills will be paid through car insurance rather than … Continue reading Standard of Care During Property Rescue
Category: Infant
My five year old son was at his friend's house playing. He and his friend were playing in a tool shed which had a lawn mower and some other power tools as well as a gasoline can. It seems like my son's friend found some matches and some of the gas from the tools caught … Continue reading Playing With Fire
A recent Court of Appeals touches on an issue present in two prior posts: one post was on injuries at school, and a second post dealt with exculpatory clauses. The legal issue is Assumption of Risk. The Assumption of Risk rule announced in 1929 by legendary Judge Cardozo of the Court of Appeals states: "one … Continue reading Assumption of Risk
under New York law, waivers signed at amusement facilities are not valid
My son's bike was damaged (but fortunately not my son). My neighbor's child had disengaged a parking brake on their family car. The car was a parked in neutral and began to roll out of my neighbor's driveway into the street, striking my son's bike. Can I sue to get the bike fixed? The short … Continue reading Children under the Law