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Garden City Personal Injury Blog

Can a driver who helped cause a crash recover compensation?

New York law allows the injured to recover compensation for their damages when their injuries were caused by someone else's negligence. It's somewhat easy to see how this principle works in a relatively straightforward case. For instance, when a drunk driver carelessly smashes into a car that is stopped at a traffic light, it should not be hard for the driver who was stopped at the light to prove that the other driver's negligence caused her injuries.

However, in many car accidents, it is not easy to determine the cause. In some accidents, multiple vehicles are involved. In others, only two cars were involved, but both drivers did something wrong, such as exceeding the speed limit.

Is wearing hard hats required at your job site?

Those who work in the construction industry know the importance of wearing hard hats on the job. They provide protection from penetration and impact injuries from flying or falling objects and even burns or electric shocks.

Even so, for one reason or another, some construction workers still don't wear hard hats at all times. Or maybe they do, but the ones that they wear are not up to code or have previously been damaged and are no longer safe.

Too much of a good thing? Are patients being over-treated?

Many medical malpractice suits involve a claim that doctors failed to provide medical care that was up to the standards of their profession. Often, these cases hinge on the question of whether the doctor did enough to help the patient. For example, a patient might allege that her doctor failed to diagnose a serious condition, and that therefore her condition worsened and she suffered harm because of that failure to diagnose.

However, there are other cases in which a medical provider did too much. For example, a doctor might overprescribe medication, or even perform unnecessary surgery.

Common causes of slip-and-fall accidents

As this blog has discussed previously, landowners in New York, including owners of all types of businesses, have a duty to keep their business buildings safe and secure for their guests, including folks off the street who might just be stopping in on business. A part of this duty is to protect people from a slip and fall.

While one might not think of them all, there are a lot of ways in which a person can wind up taking a tumble while a guest at someone's business. Most if not all of these hazards are preventable or, at least, are capable of being minimized with a little care and caution on the part of the business owner.

Injured by a recalled product? We can help

A previous post on this blog clarified that while product recalls can mean a Long Island resident will be able to get a refund or repaired or replaced product, it does not mean that the manufacturer of the product is agreeing to pay compensation for damages. A person injured a by a defective product, whether subject to a recall or not, is on his or her own to get compensation for any medical bills, lost wages and other damages.

Our law office has been in the business of protecting consumers from defective products for more than a quarter of a century, and, as experienced attorneys with a track record of success, we know how to help our clients, when they've been injured by a recalled product, get full compensation for their losses.

Boy, 12, dies in mishap from sailing accident

Summer is a great time to get out on the water in boats, feeling the salt spray from the waves and enjoying the beauty of nature. Of course, those who plan to go boating should receive proper instruction on how to sail or pilot their boats, including steps they should take if an emergency arises.

Sadly, last month one young boy who was doing just that was killed in a freak accident in the waters off the shore of Long Island's Centerport Yacht Club.

Pedestrian death on Long Island roadway

A woman living on Long Island was killed following a hit-and-run at an intersection along a roadway that has proven fatal before.

As the driver of the vehicle who hit the woman fled the scene, another passing motorist had to stop and call emergency responders. Although rescuers took the woman to a nearby hospital, she had died upon her arrival there. Police continue to look for the driver who hit the woman and are asking for help finding the driver so he or she can be brought to justice.

Requirements for residential swimming pools

The State of New York has strict rules regarding safety measures that homeowners must use if they wish to install or maintain just about any type of swimming pool in their backyard. These rules help ensure that a property owner has done what he or she can to keep the pool from becoming a hazard to other people, especially children who may be curious and fall in but not be able to swim.

Specifically, every swimming pool, which includes things like hot tubs and even wading pools if they are affixed to the ground and can hold more than two feet of water, has to be fenced in and locked. The lock must not be able to be easily opened by a child, and the fence has to be at least four feet high with no more than two inches between the bottom of the fence and the ground.

Helping crime victims recover from all available sources

A previous post on this blog discussed how business owners, including owners of the many apartment complexes where Long Island residents and other New Yorkers live, have an obligation in many cases to keep the property reasonably secure and, as much as possible, free from criminal activity.

Not only is the obligation only right given that landowners really should keep their property safe for visitors and those who stay on the property, especially if those people are paying the landowner to be there, it is also good for victims because it gives them another source of compensation if they are significantly injured, emotionally or physically, because of criminal activity on the owner's property.

New York businesses have a duty to secure their property

Most Long Island residents and other New Yorkers know intuitively that a retail store, apartment complex or other business has an obligation to those whom it serves to provide a physically safe property in the sense that no one is going to fall, get hit over the head or otherwise get into an accident and suffer a slip and fall or other injury as a result.

What some people might not realize, however, is that owners in some circumstances also have an obligation to keep their property reasonably safe from criminals who may intentionally hurt one of the owner's visitors or customers.

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