In a case involving claims of water contamination, the Supreme Court of Suffolk County faced the question of whether to grant a late notice of claim against a public entity. This case centered on residents whose well water was allegedly contaminated due to the County of Suffolk’s operation of Gabreski…
Articles Posted in Personal Injury
Court allowed late notice of claim after trip-and-fall injury at school due to timely knowledge. Messick v. Greenwood Lake Union Free Sch. Dist., 84 N.Y.S.3d 215 (N.Y. App. Div. 2018)
In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient…
Petition to file late notice of claim against NYC denied due to insufficient evidence. Lobos v. City of New York, 219 A.D.3d 720 (N.Y. App. Div. 2023)
The case arose from injuries sustained during a car accident allegedly caused by a high-speed police chase. The incident occurred on April 1, 2021. The petitioners were injured in a car accident when their vehicle was struck by a Mercedes that ran a red light. According to the petitioners, the Mercedes…
Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)
In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…
Court allowed a late notice of claim after worker injured in subway explosion. Marando v. City of N.Y., 66 Misc. 3d 1225 (N.Y. Sup. Ct. 2020)
In personal injury cases involving public corporations, filing a timely notice of claim is a mandatory step for initiating a lawsuit. When this timeline is missed, petitioners may seek permission from the court to file a late notice of claim. The case of Marando v. City of N.Y., 66 Misc.…
Whether defendant is a “residential health care facility” as defined by §2801-d of the Public Health Law. Burkhart v. People, Inc., 10 N.Y.S.3d 767 (N.Y. App. Div. 2015)
New York’s Public Health Law § 2801-d allows patients of residential health care facilities, like nursing homes, to pursue legal action if they are deprived of rights or benefits outlined in contracts or state regulations. The law provides a means for patients to seek compensation when facilities fail to meet…
Court determined that there were issues of fact about nursing home’s inspection failure and evidence spoliation. Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018
Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home…
Deliberate indifference to safety must be shown for a finding of a violation of the 8th Amendment. Wilson v. Seiter, 501 U.S. 294 (1991)
The Eighth Amendment to the United States Constitution holds a critical role in safeguarding the rights of inmates, ensuring they are protected from cruel and unusual punishment. Despite the misperception that prisoners may not possess rights, they do indeed retain fundamental human rights, including the right to be free from…
U.S. Supreme Court examined the question of excessive force used by corrections officers. Hudson v. McMillian, 503 U.S. 1 (1992)
The Eighth Amendment to the United States Constitution safeguards individuals from cruel and unusual punishment. This vital clause aims to prevent excessive, barbaric, or degrading treatment in criminal justice systems. It establishes a fundamental principle of justice, emphasizing that punishments should be proportionate to the offense and should not involve…
Prison officials can be held liable for injuries to an inmate if they show deliberate indifference. Farmer v. Brennan, 511 U.S. 825 (1994)
In the context of the 8th Amendment and incarcerated individuals, deliberate indifference is a legal concept that refers to a conscious and reckless disregard for an inmate’s safety or well-being. It involves a clear awareness of a substantial risk to an inmate’s rights, health, or safety, and a failure to…