My granddaughter was injured on playground monkey bars. She fell off the bars onto asphalt. She broke her leg. Does she have a claim? Your granddaughter might have a claim. There are two possible theories of recovery. One claim could be for the hard surface under the monkey bars. A second theory of recovery is … Continue reading Defective Playgrounds
Tag: James Santner Esq.
I had pain in my lower abdomen. I went to the urgi-care center and was diagnosed with gastroenteritis. The doctor gave a script for some medicine. The medicine did not work. I ended up going the hospital in severe pain about 36 hours later. The emergency room doctor told me that my appendix burst. I … Continue reading Medical Malpractice Defined
My neighbor had been very critical of my dog. She complained that my dog howls incessantly and sometimes keeps her awake. My neighbor also threatened my dog in my presence. When I took my dog to the vet for an illness, I discovered she was poisoned. She has since died. I want to sue my … Continue reading Intentional Infliction of Emotional Distress
I was insulted at a parent-teacher conference for my child. My daughter's teacher said that my daughter was falling behind in her school work because she claimed my daughter was disruptive in class. She also claimed my daughter was impeding the learning of other students through her misbehavior. The teacher asked me to correct my … Continue reading Slander During a School Conference
I am a window washer for commercial buildings. The rope to the rigging on which I was standing broke, even though I was hurt, fortunately my safety belt saved me from possibly tragic injuries. Do I have a claim? You should first claim Worker's Compensation benefits. Most reputable employers will assist their injured employees to … Continue reading Window Washer Liability
I was in a changing room in a small retail store. When I looked up in the changing room, I saw a camera looking down at the two changing rooms. I immediately confronted the store owner about the camera. The store owner said the camera was necessary to prevent customers from shoplifting. Customers would try … Continue reading Emotional Distress
Being involved in a motor vehicle collision with a train at a railroad grade crossing is a traumatic, life-altering experience. When a passenger suffers injuries in such an accident, determining legal liability requires analyzing the duties owed by both the motor vehicle driver and the railroad entity. Under New York law, an injured passenger generally … Continue reading Railroad Crossings
My father went into the hospital because of a fall in his house. He suffered a broken hip and required surgery. Unfortunately, he never recovered from surgery. He remained comatose for a month until he passed away. I believe that the hospital killed him because he was perfectly healthy before his surgery. Can I sue … Continue reading Hedonic Damages
I tripped and fell on a sidewalk covered in snow and ice in front of a single family home. Do I have a claim for my injuries? Yes, you have a claim, but there are several issues to consider. And just like a broken sidewalk next to a single family home, the City would be … Continue reading Sidewalk Snow Removal
A car blew through a stop sign and struck me. Police came to the scene of the accident. I learned from the police that the car that struck me was stolen. Can I sue anyone for my injuries? Yes, you have multiple claims. But part of your claims may come down to important facts about … Continue reading Permissive Use of a Car