"There is no question that when you litigate against the city, they push the envelope to limit payouts," one former city lawyer said.
]]> The New York Times noted the city's legal strategies in the context of personal injury lawsuits related to falling trees. The lawsuits detail that the city's maintenance and inspection of trees is erratic and that more diligence by city workers may have prevented citizen injuries and deaths.New York City's aggressive manner in responding to the falling-tree lawsuits raises the interesting competing obligations that city lawyers face. Aggressive legal tactics in personal injury lawsuits are not illegal, but city attorneys have unique duty to also ensure fair outcomes for residents with legitimate personal injury claims.
The city's corporation counsel, Michael A. Cardozo, has launched an aggressive public campaign to limit the number of payouts to injured residents. Cardozo believes that courts unfairly punish the city in personal injury cases and that many residents receive more compensation than they are due. The New York Times article also highlights instances where the city has conducted secret monitoring of plaintiffs or spoiled evidence in order to gain an advantage in court.
An injured New York resident should hire a personal injury law firm that has the resources and legal experience necessary maintain a successful lawsuit against the city. Hiring a less experienced attorney may mean that an injured individual does not receive all of the compensation that he or she is entitled to.
Source: New York Times, "Sued Over Death and Injury From Trees, City Fights Back," William Glaberson, May 15, 2012
]]>Officials from The U.S. Department of Labor's Occupational Safety and Health Administration say that the store failed an inspection by OSHA's Manhattan Area Office which uncovered the safety violations. The Brooklyn Rite Aid faces $111,000 in proposed penalties and fines for a variety of dangerous conditions including boxes stacked on stair edges and unsecured piles of boxes that could have collapsed. It is unclear whether these conditions impacted customers or only workers.
]]> "These conditions endangered workers to potential falls, crushing injuries and an encumbered emergency exit," said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens. "Having experienced similar conditions in other stores, Rite Aid should take action to identify and effectively eliminate hazards at all its workplaces."Unsafe conditions at New York area stores are fairly common and can result in a variety of slip and fall-related injuries. An experienced premises liability lawyer can help injured customers and some injured workers get the compensation they deserve from stores which fail to remedy dangerous conditions on their property. Customers who are injured in a slip and fall accident often have their credibility questioned, which is why it is important to take photos of an accident scene and thoroughly document an incident.
Source: OSHA, "US Labor Department's OSHA cites Rite Aid for fall, crushing, exit and electrical hazards at 3rd Avenue store in Brooklyn, NY," Region 2 News Release: 12-937-NEW/BOS 2012-079, May 16, 2012
]]>New York was listed as one of the top 10 states that could leave patients vulnerable in the event of a natural disaster. Nursing homes throughout the region and the state should be prepared in the event of an emergency to prevent the unnecessary loss of lives. A new study indicates that residents may be at risk.
]]> According to a recent government report, the majority of nursing homes are underprepared to protect residents in the event of a tornado, flood, or hurricane. The emergency plans lacked specific steps such as coordination with local authorities, notification of relatives, and pinning name tags with a list of medications in the event of an evacuation.While there are specific federal planning requirements, authorities do not believe that nursing homes are prepared in the event of a disaster, lacking relevant information to carry out a successful rescue. Many of the homes had tentative plans, but did not have the specific information or attention to detail. They were lacking emergency water resources, failed to training staff and, in general, did not have the ability to carry out any plans.
Failure to prepare for a disaster could leave nursing homes open to personal injury litigation and lawsuits in the event of an emergency. When a patient suffers a severe injury or death because of negligence, the family may be able to pursue compensation for pain and suffering and other personal and economic losses related to negligence.
Source: The Washington Post, "Report: Nursing homes unprepared for natural disasters," Ricardo Alonso-Zaldivar, April 16, 2012
]]>The plaintiff had arrived at the hospital with complications caused by a lack of oxygen to her unborn child. According to experts, the brain damage could have been averted had the doctors pursued a prompt delivery. The woman was given an immediate ultrasound when the doctor concluded that the fetus was already dead. When the hospital staff performed a later, second ultrasound, a fetal heartbeat was detected and an emergency cesarean section was performed to save the life of the baby.
]]> The lawyer for the plaintiff contended that the 81-minute delay caused the fetus to deteriorate and resulted in cerebral palsy. The jury agreed that if the hospital had provided a trained ultrasound technician and used better equipment, the injury could have been prevented. The jury did not find the doctor responsible, but blamed the hospital for the incident.Birth injury cases are always emotional and many believe that the significant verdict is entirely justified, given the trauma to the mother and the child. The verdict is intended to provide financial compensation for future medical care of the child, lost earnings, pain and suffering for the baby as well as emotional distress for the single mother.
Source: Philadelphia Inquirer, "Phila. Jury awards $78.5M in medical malpractice case," Chris Mondics, May 6, 2012
]]>One woman suffered personal injuries in a slip-and-fall accident at a Target store back in 2009. She described the slippery substance as a clear liquid with only a small pinkish substance in the center. In fact, the mess was baby's vomit as captured on video only seven minutes before the woman slipped in it and fell.
]]> The injured victim suffered injuries to her wrist, knee and some of her fingers. She has since filed a personal injury lawsuit against Target claiming that as the business owner they were responsible for ensuring that their premises was free from hazardous conditions. She argues that seven minutes is simply too long to fail to clean the mess, or at least place a hazard sign alerting customers of the danger.This case is currently in the midst of a jury trial. Though Target attempted to have the case dismissed based on the video evidence, claiming that seven minutes is simply too short a time to expect the store to respond to clean up the hazardous condition, the federal court judge disagreed. The judge ruled that this is a question that a jury should answer.
Perhaps Target will still consider settling this case before the jury has reached a verdict as to whether a business operator should be held responsible for premises liability during a seven-minute period.
Source: The Consumerist, "How Many Minutes Should Store Employees Get To Clean Up Baby Vomit?" Chris Morran, May 1, 2012
]]>Her husband has since filed a wrongful death lawsuit claiming medical malpractice caused by the negligence of a doctor in his failure to treat the condition of the 45-year-old woman.
]]> She had suffered a fall and was brought to an emergency room in New Jersey, just across the Hudson River from New York. According to the evidence, a CT scan showed that the woman's brain was bleeding.However, the husband claims that the emergency room doctor did not respond to her condition in a timely manner. This is because she went into a coma soon thereafter. She did undergo surgery later that day, but the damage had already been done. Doctors informed her family that she would not recover. The next day her family decided to remove her from life support.
Emergency room doctors are placed under a tremendous amount of pressure to make accurate decisions very quickly as to the proper care of a patient. Unfortunately, when they make a mistake and fail to treat a medical condition, the patient has lost precious time, which many times can result in even more severe injuries, and sometimes even death.
This case is currently at trial. The defense is suggesting that the woman had an underlying medical condition that resulted in her death. However, the question remains: If the emergency room doctor had treated her bleeding brain right away, would she have survived?
Source: NorthJersey.com, "Medical negligence trial involving Chilton doctor gets under way," John Petrick, April 26, 2012
]]>A group of bus companies that include Greyhound Lines, Peter Pan and Adirondack Trailways, sued the city, charging that the city's action in allowing Megabus to conduct business right outside of Port Authority gave it an unfair advantage. However, a judge recently dismissed the lawsuit, saying that the plaintiffs did not show how they would be harmed by having Megabus park on West 41st Street.
The neighborhood around West 41st Street is also concerned. Last month, police cited a Megabus vehicle for being 5,000 overweight in the Lincoln Tunnel. The double-decker buses used by the low-cost carrier are typically bigger and heavier than most intercity buses and thus harder to stop and turn. Moreover, the increased traffic - both vehicular and pedestrian - has raised additional concerns.
Megabus formerly operated at 33rd Street and 9th Avenue. The Department of Transportation said that it moved the stopping point for the carrier because of property development taking place near the former location. It has not said why it chose 41st Street.
The coalition of bus companies reports that it collectively pays $6 million annually to the right to use Port Authority bus terminal. Megabus pays nothing to stop right outside.
Source:Crainsnewyorkbusiness.com. "Bus battle hits the streets," by Daniel massey, Apr. 22, 2012.
]]>New York Governor Andrew Cuomo applauds the changes and said the increased enforcement and additional manpower will allow the state to crack down on some of the worst offenders that repeatedly put passengers and others on the road at risk. After the number of fatal bus accidents last year the Governor had hastened inspections and added unannounced inspections.
]]> After repeatedly failing the state's inspections, operating licenses for eight tour and charter bus companies were suspended, removing 100 of their buses from active service. Prior to the increased inspections, the New York Department of Transportation was scheduling 160,000 bus inspections each year.In March of last year, a bus returning from a casino in Connecticut tipped over and collided with a pole ripping the roof off the bus and killing 15 people. At the time of crash the driver had been speeding close to 80 miles per hour. After a federal investigation discovered the driver of that bus had previously been incarcerated for grand larceny and manslaughter the Governor called for an investigation into how this man was able to get a commercial driver's license.
In another fatal bus crash in October of 2011, a New York Trailways bus rear-ended a truck in Sloatsburg killing eight people. After the spate of crashes last year, the Department of Transportation performed 2,000 surprise roadside inspections this spring, resulting in the state police issuing 197 tickets. A total of 173 bus drivers and over 140 buses were also removed from service during those inspections.
With the advent of spring and summer upon us there will be an increase in college students and tourists riding buses so the Federal Motor Carrier Safety Administration came out with a cool new app for iPhones and iPads called the SaferBus app. The application is a free download on iTunes store or the FMSCA website titled "Look Before You Book." It lets consumers check a company's safety record before purchasing a bus ticket from them.
Source: Lohud.com, "N.Y. to do more safety checks of buses," April 9, 2012
]]>Medical malpractice lawsuits encompass a wide variety of areas from nursing home negligence, surgical errors and birth injuries. More common birth injuries include bleeding in the brain, spinal injuries, skull fractures and cerebral palsy. These cases are based on the belief that negligence was involved in causing the serious injury, either prenatally or during the birthing process. A birth injury suit allows parents to file a claim on behalf of their child and seek damages for past and future medical expenses as well as pain and suffering.
]]> The main complaint in a medical malpractice case is that the patient did not receive proper medical care at a standard of quality expected in the medical profession. Birth injury plaintiffs might claim the hospital or health care provider did not properly monitor the mother or baby, or the doctor may have failed to take the necessary precautions during certain types of pregnancies.There are several factors required for a successful medical malpractice claim. First, the plaintiff must offer proof that the injury in question was caused by the negligent act of a medical staff member. Ultimately this means they must prove that the physician or staff member's actions did not meet the accepted standard of care and that failure to do so is what caused the injury.
In this birth injury medical malpractice case, the New York hospital settled the suit for $5.3 million before it went to trial, indicating there must have been enough evidence to meet the required threshold for successful trial verdict.
Source: Reuters, "NY Cerebral Palsy Lawsuit Settled for $5.3M," Stephanie Rabiner, April 13, 2012
]]>With the throngs of people filing through Times Square and the surrounding area daily, it is no surprise that over a dozen people were hurt when the car flipped over onto the sidewalk. According to police, there were eight people hospitalized after the accident. None of the victims appeared to have life-threatening injuries, despite the potentially fatal accident.
]]> Police reported that the car ended up on the sidewalk rear-ended another vehicle at the intersection. A second vehicle then struck a yellow cab. The speeds of the vehicles and the severity of the impact caused the first vehicle to veer off the road and roll onto its side.In addition to the injured pedestrians, several passengers in the vehicles were also sent to the hospital with injuries. While no charges have been filed against the driver of the vehicle who caused the initial accident, victims may be entitled to compensation for medical expenses, pain and suffering, lost wages and any other personal or economic losses arising from the injury.
While normally the insurance company of the at-fault driver will cover the injury, the victims can also pursue uninsured or underinsured motorist coverage from their own insurance companies. In the event of a multi-car collision with this many victims, an investigation will determine the cause of the accident and identify every responsible individual or entity.
Source: Associated Press, "Car involved in crash near Times Square flips onto sidewalk, injuring several pedestrians," April 21, 2012.
]]>Motorcycle accident deaths were highest in 2008. 5,312 motorcycle riders lost their lives that year, and some attribute that number to the growing popularity of motorcycle riding among baby boomers. The drop after 2008 has been seen as a consequence of the recession - motorcycle sales dropped nearly 50 percent.
In some states, required motorcycle training programs for riders under 21 has resulted in a higher rate of crashes. This surprising statistic may be the result of riders being fully licensed right away after completing the program. In contrast, New York has no required licensing course. Rather, riders must pass a written test and then can ride only with a licensed motorcyclist for one year and only then can they take a road test or pass a multi-day class.
The Motorcycle Safety Foundation offers a basic class for new motorcycle riders that has been completed by more than six million people in the United States.
Source: Wall Street Journal, "Data show risk highest for new motorcycle riders," Apr. 15, 2012.
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Two major bus accidents in New York have prompted state officials to beef up the bus safety inspection program. A March 2011 crash on I-95 in the Bronx killed 15 people as they were returning from a trip to a Connecticut casino. In October of 2011, a Trailways bus crashed on the New York State Thruway in Rockland County, injuring eight.
]]>Governor Andrew Cuomo suspended the operating licenses of eight bus companies after they failed repeated safety inspections. Buses from these companies had failed at least three roadside inspections before being suspended.
The New York Department of Transportation made 2,000 surprise inspections along state roadways after the March crash, resulting in 173 bus drivers and 143 buses being removed from the road. Problems related to the backgrounds and training of many drivers were uncovered during the surprise inspections; some drivers had licenses under different names and several had criminal records.
The bus driver in the Bronx crash was one of these; he had been imprisoned for manslaughter and grand larceny. The governor called for an investigation into licensing procedures.
The new bus inspection program will target companies with the worst safety records. Previously, the inspection system inspected all busses at the same rate - usually several times per year. With the change, bus companies with poor safety records will be inspected more frequently. However, all buses will receive at least two inspections every year. The goal of the enhanced safety program is to get unsafe buses off the road before they are involved in accidents.
Source: lohud.com, "N.Y. to do more safety checks of buses," Apr. 9, 2012.
]]>An independent construction safety expert stated that the most likely cause of the collapsed boom was a snapped hoisting cable. However, he cautioned that it was impossible to suggest a cause without examining the site and equipment. The crane, built by the Manitowoc Company, was more than two decades old. It is smaller than those used on sky-scraper projects, but is ideal for lifting weights of 200 to 230 tons.
Source: Washington Post, "NYC crane that collapsed, killing worker, was due for follow-up inspection," Apr. 3, 2012.
]]>Residents may have been angered because their driveways and yards were affected by the construction of sidewalks. As in many cities, homeowner property lines had expanded over the years and although the new sidewalks are on public property, homeowners had become used to the expanded boundary lines. More important, they were required to repair their lawns and driveways at their own expense after installation of the sidewalks.
Did the city go too far? The assistant director of Community Board 11 said that there had been several fatalities and severe injuries on the Parkway and that it was time to deal with it. However, one resident summarized the feelings of many when he said, ""It's going to be more dangerous because the road is going to be narrower."
City officials probably cannot win in this situation.
Source: CBS.NewYork, "Bronx Residents Say Pelham Parkway Too Narrow After Construction Aimed At Safety," Apr. 2, 2012.
]]>Parents can take steps to protect their children from the dangers of distracted driving:
Practice, even after the child receives a driver's license
Don't let your child drive with multiple passengers, especially other teenagers
Keep nighttime driving to a minimum
Set family driving rules that mirror or strengthen those of New York. Establish strict penalties if the rules are violated, and enforce them!
Advocate for laws that prohibit cell phone and other electronic device use in cars. Join the vice chairman of the NTSB, who has asked the New York State legislature to ban voice controlled devices in cars, even though many car companies are exploring or introducing voice controlled devices.
And girls are not the only offenders when it comes to distracted driving. Teenaged boys are more likely than girls to shout out the window to someone or turn to talk with passengers in the back seat.
Source: Forbes, "Distracted Driving Kills; Teenage Girls Are Especially At Risk, AAA Says," Mar. 28, 2012.
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