I was injured when I was a passenger in my own car. My son hit another car at an intersection. Can I make a claim for my injuries since I am responsible for my son's driving? In a prior post, Vehicle and Traffic Law section 388 was explained. That statute imputes the negligence of a … Continue reading Car Owner Liable for Driver
Tag: James Santner Esq.
My daughter was struck by a car when she was crossing a street. She was not crossing at a cross-walk. I sued the driver that struck my daughter. My daughter and I testified at our depositions. The other lawyer asked me if I told my daughter to cross in the middle of the block. The … Continue reading Culpable Conduct of A Parent
I was involved in a motor vehicle accident several years ago. My lawyer is telling me that I have to testify at a trial. I already told my story. Why do I have to appear in court and testify? Don't I have a right to not testify? By the way you phrased your question, I … Continue reading Right to Not Testify in Court
When I was driving, a car made a U-turn directly in front of me. I did not expect a vehicle to turn around on a city street, and we ended up colliding. Do I have to report this to my insurance company? I feel like the person making the U-turn was completely in the wrong. … Continue reading Permissible U-Turn
Quick Summary: NYS Exterior Stair Handrail Code Under the New York State Uniform Building Code, handrails are generally required on exterior stairs with 4 or more risers (steps). Handrails must be installed at a uniform height between 34 and 38 inches measured vertically from the leading edge of the stair tread. Riser Height: Maximum 7¾ … Continue reading Handrails on Exterior Stairs
In a prior post, there was a case of driver who allegedly caused a motor vehicle accident by deliberately running through a red light. The question in that post was if the mental state of the offending driver could be used as a defense in a civil case. The answer was no. Compensatory Damages However, … Continue reading Punitive Damages
I was involved in a motor vehicle accident. The other driver had failed to stop at a stop sign and struck my car on the driver's side. An ambulance removed me from the accident scene to a hospital. I obtained the police report and the other driver admitted to the police that she did not … Continue reading Admission of Police Report as Evidence
I was involved in a car accident six months ago. A vehicle had gone through a red light and struck the car I was driving. After the accident, the driver told police that she deliberately went through the red light in order to hit my car. The police gave a ticket at the scene for … Continue reading Insanity Defense
During a vacation while I was upstate, I was injured in a bicycle accident. I fell from my bicycle when I ran over a pothole in the roadway. Do I have a claim for my injuries? You might have a claim. In a prior post, there was a discussion of claims against municipalities. Through General … Continue reading Defective Highways
I had a cosmetic procedure performed by a plastic surgeon. However, things did not turn out as my doctor promised. Without being too specific, I was promised one result but I feel like he only made things worse. He also told me after the procedure that the type of bad result I had was a … Continue reading Informed Consent