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Personal Injury Law

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Last Entry: May 23, 2010 at 23:19:20

Older Pedestrians Are Far More Likely To Be Killed While Walking Than Younger Ones

Posted on May 23, 2010
Between 2006 and 2008, 290 pedestrians aged 60 years and older were killed in motor vehicle accidents on downstate New York roads. Though comprising just over 17 percent of the area?s population, people aged 60 and older accounted for 42 percent of the total pedestrian fatalities during the three-year period...

Accident Injuring 4 Herricks High School Students Underscores Importance of Having Substantial Uninsured Motorists Coverage

Posted on May 20, 2010
New York State mandates that every policy of liability insurance issued to a motor vehicle provide Supplementary Uninsured Motorists (?SUM?) coverage. This coverage protects policyholders and residents of their household when a negligent party is either uninsured or has a smaller amount of liability coverage than the amount of SUM coverage...

Texting While Driving Has Its Dangers, But Being Arrested is Usually Not One of Them

Posted on May 17, 2010
Nearly 6,000 people were killed and a half-million were injured in vehicle crashes in 2008 connected to driver distraction, including texting, according to the U.S. Department of Transportation. Presently 25 states make it unlawful to text message while driving, with Wisconsin?s law just signed by the governor...

Pedicabs and NYC Bike Month

Posted on May 12, 2010
May is NYC Bike Month. With the great weather earlier this month, it seemed like pedicabs, a tricycle with a 2-seated wagon, are coming out of the woodwork. As I cross the street from my office to Grand Central Station I see happy, relaxed passengers sitting in the back of pedicabs conversing with their driver...

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Will New York City Try to Claim Limitation of Liability on Yesterday’s Staten Island Ferry Crash?

Posted on May 09, 2010
On October 15, 2003, the Staten Island Ferry vessel Andrew J. Barberi missed its dock and hit a maintenance pier at full speed. Eleven people were killed and 71 injured, some critically. Yesterday the same ferry lost some of its engine ability to slow and stop and slammed into a pier...

Danger on the Tracks: Subway Dead Man?s Switch Avoids Catastrophe

Posted on May 05, 2010
The dead man?s switch is a handle the subway operator must keep depressed while the train is in motion. If the train operator lets go, the train will stop immediately as if an emergency brake was pulled. Every subway train comes equipped with a dead man?s switch...

Recall of Infant and Children?s Liquid Tylenol®, Motrin®, Zyrtec®, and Benadryl: FDA Provides Advice to Consumers

Posted on May 02, 2010
Working in consultation with the United States Food and Drug Administration (FDA), McNeil Consumer Healthcare is implementing a voluntary recall of infant and children?s liquid products due to manufacturing deficiencies which may affect quality, purity or potency...

NYC Buildings Department No-Penalty Retaining Wall Inspection Program In Progress Until May 31

Posted on April 30, 2010
Retaining walls are designed to hold back soil that would move to a more natural slope or incline if the wall was not in place. Every homeowner is required by law to maintain their walls and their properties in a safe condition at all times. Under the No-Penalty Retaining Wall Inspection Program, homeowners may call [...

Public Citizen Issues Report Analyzing Unnecessary C-Sections in New York and Making Suggestions How to Avoid One

Posted on April 26, 2010
A March, 2010, Data Brief of the National Center for Health Statistics (?NCHS?) reported that nearly a third of cesarean sections in New York state may be performed unnecessarily, and a report released by Public Citizen this past Wednesday found that Long Island has among the state’s highest rates of caesarean sections...

Sixth-Annual Construction Safety Week Starts This Monday

Posted on April 24, 2010
The New York City Buildings Department?s Construction Safety Week has, since 2005, been a week-long series of events aimed at raising awareness about safe construction practices. Construction-related fatalities dropped 84% in 2009 when compared to 2008, and these events are a critical way to continue that trend...

Tobacco Companies Trying to Poison Children With Nicotine ?Candy?

Posted on April 20, 2010
You?d be forgiven if you mistook a Camel Orb for a Tic Tac mint. They share a similar size and shape, and have candy flavoring. But Camel Orbs are no breath mint. Instead, Orbs are made of finely ground tobacco packed with nicotine, a highly addictive drug...

Little Progress on Eliminating Health Care-Associated Infections and Patient Safety

Posted on April 15, 2010
Health care-associated infections (HAIs) have been identified as a complication that can be avoided with proper care and procedures. To put pressure on hospitals to reduce if not eliminate HAIs, Medicare has included some infections on its list of ?never events?, that is complicatoins that could reasonably have been prevented...

Red-Light Cameras ? Money But No Points

Posted on April 10, 2010
Unfortunately I can write from personal experience about the 60 red-light cameras that have been installed in Nassau County since last summer. No, not from driving, but from the envelope received that contained a friendly ?Notice of Liability Red Light Camera Violation...

Should You Have That Back Surgery?

Posted on April 08, 2010
Deciding whether to have back surgery after a motor vehicle or other type of accident is a decision our clients often have to make. It is usually not an easy decision. No doctor in his or her right mind will guarantee the results of surgery ? to the contrary, in making sure not to do [...

Federal Appeals Court’s Affirmation That Most New York Rules on Attorney Advertising Are Unconstitutional Likely to Effect Other States

Posted on April 04, 2010
New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply an [...

Do You Think a Plea Bargain Was Appropriate for Taking Bribes to Fake Crane Inpections?

Posted on April 01, 2010
Last week New York City’s former chief crane inspector, James Delayo, admitted that he took “more than $10,000″ in bribes to fake inspections and overlook unqualified crane operators. Prosecutors have said Delayo’s individual payoffs ranged from $200 to $3,000...

Cheers for a New U.S. Consumer Product Safety Commission Rule That Exposes Renegade Manufacturers to Greater Civil Penalties

Posted on March 27, 2010
The U.S. Consumer Product Safety Commission (CPSC) voted last week to approve (4-1) a final rule interpreting factors to be considered when seeking a civil penalty amount for knowing violations of CPSC laws. The new factors required to be considered are: (1) the nature, circumstances, extent and gravity of the violation, including the nature of [...

Deadly Warning to Users of Sling Carriers for Babies Younger Than Four Months of Age

Posted on March 25, 2010
In 2009, there were three infant deaths associated with sling-style infant carriers. Going back 20 years there have been 14 other deaths. Twelve of the seventeen deaths involved babies younger than 4 months of age. As a result, the U.S. Consumer Product Safety Commission (CPSC) earlier this month warned parents and caregivers to be cautious [...

Is It Acceptable That No Sprinklers Were Required in Long Island Elementary Schools Destroyed By Fire?

Posted on March 06, 2010
Last month there were two fires in Long Island schools. Just days before there was a fire in Riverhead Charter School, South Bay Elementary School in West Babylon was destroyed by fire, forcing relocation of its classes to a nearby church. The school was built in the early 1950s...

What a Maroon! Man in Crowded Train Station Loudly Speaks His Name, Social Security Number and Date of Birth into Payphone

Posted on March 04, 2010
There I was in the train station, reading the newspaper while waiting for my train, when I heard a man in a loud voice say ?Representative?. I turned to see a man using a pay phone and empathized with his plight to get a live person on the other end of the line...

More Stringent Requirements for Carbon Monoxide Detectors In Effect in New York State

Posted on February 28, 2010
On July 30, 2002 legislation requiring the installation of carbon monoxide detectors in all new residential construction in New York was signed into law. The law required new construction to contain at least one carbon monoxide detector. But spurred by the tragic death of Amanda Hansen, a 16-year-old West Seneca, NY girl who died January [...

Levine & Slavit on the Front Page of Today’s New York Law Journal

Posted on February 26, 2010
One of our negligent security cases, Benson v. Monte Carlo, LLC, (Nassau County, Supreme Court Index # 016489/2007) made the front page of today’s New York Law Journal. We successfully opposed the defendant’s motion for summary judgment, and an article appears in the newspaper discussing the decision of Hon...

Pediatricians Urge The Extension of Choking Prevention Strategies from Toys to Food

Posted on February 23, 2010
When considering the risk of young children choking, thoughts tend to center more upon toys than upon food. But that can cause the risk of choking on food to be overlooked. Statistics currently on the website of the Centers for Disease Control state that in 2000, 160 children ages 14 years or younger died from [...

Injured Child Cannot Recover from Foster Parent on Claim Based Upon Negligent Supervision

Posted on February 19, 2010
It is a long-standing rule in New York that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. A major impact of this rule upon personal injury practice is that it precludes a defendant in a case brought on behalf of a minor from bringing a claim [...

NYC Department of Buildings Announces Construction Site Accident Statistics for 2009

Posted on February 14, 2010
New York City Buildings Commissioner announced an 84% decrease in fatal construction-related accidents in New York City in 2009 when compared to the previous year. However, the total number of construction-related accidents and injuries rose in 2009. The Department attributes the increase primarily to more accident reporting by industry members...

U.S. Consumer Product Safety Commission Reports Difficulties Enforcing Reduced Lead Level Limits in Children?s Toys

Posted on February 11, 2010
The Consumer Product Safety Improvement Act of 2008 (CPSIA) directed the U.S. Consumer Product Safety Commission (CPSC) to assess and report to the House and Senate enforcement efforts, difficulties encountered, as well as recommendations for improvement to the lower numerical level limits for lead content of children?s products the CPSIA established...

Does Anybody See Those On-Line NYC Buildings Department Advisories to Take Precautionary Steps at Construction Sites In Preparation for Gusts Of High Wind?

Posted on February 08, 2010
New York City didn?t get the snowstorm forecasted for this past weekend, but the City Department of Buildings issued what?s become its customary and standard warning to contractors to secure construction sites when the forecast calls for severe weather and gusts of high winds...

Wiitis Is Not Just a Funny Name

Posted on February 05, 2010
Once in a while discussions about injuries resultant from playing Nintendo?s games are published. Ailments have humorously been labeled “Nintendinitis” and recently more specifically as “Wiiitis,” referring to Nintendo?s Wii video-game system...

Attention Taxi Drivers in New York City: No Electronic Devices Allowed While Driving. Period. Or Else.

Posted on February 01, 2010
For more than ten years, Taxi and Limousine Commission rules have prohibited drivers from using cell phones while driving. In May, 1999, the Commission was the first regulator in the country to ban hands-free cell phone use while driving. Now the TLC has gone further...

NYSBA Annual Meeting Hits Hot Topics of Wrongful Convictions and Attorneys? Use of Social Media

Posted on January 30, 2010
The New York State Bar Association (NYSBA) had its annual meeting in New York City this week. For the past number of years the meeting has featured a Presidential Summit at which the Bar President chooses hot topics of the day for a distinguished panel to discuss...

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