Brescia v. G.F. Hämmerle, Inc. highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are…
Articles Posted in Personal Injury
Comparative negligence in a Pedestrian Car Accident Case. Kozlowski v. Ringler, 189 A.D.2d 1025 (4th Dep’t 1993)
Pedestrian accidents are a significant public health concern that can cause devastating injuries, permanent disabilities, and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths accounted for 17% of all traffic fatalities in the United States in 2019. Despite the increasing awareness and efforts to reduce pedestrian…
Liability in an accident that involved a motorcycle and a pothole. Karamian v. City of New York, 16 A.D.3d 255 (N.Y. App. Div. 2005)
Potholes are a common cause of motorcycle accidents in New York, with riders being particularly vulnerable to their hazards. The deep, irregular gaps in the road can cause a loss of control or balance, leading to collisions, falls, and serious injuries. When a motorcyclist is injured in an accident that…
Court found that the City of New York was liable for a bike accident due to poor signage. Fox v. City of New York, 157 A.D.2d 260 (1st Dep’t 1990)
Bicycling is becoming an increasingly popular mode of transportation in New York City, but it can be dangerous. One of the hazards that cyclists face is poor signage. Poor signage can cause bicycle accidents in a number of way. Poor signage can cause misdirection. If there are no signs indicating…
Court considered whether the City was liable for a car accident where a police officer hit a bicyclist. Caballero v. City of New York, 208 A.D.2d 443 (1st Dep’t 1994)
Bicycle accidents are a common occurrence in New York City, and they can have devastating consequences. When a bicyclist is involved in an accident with a motor vehicle, the results can be catastrophic. The bicyclist is often left with serious injuries, including broken bones, head trauma, and spinal cord injuries,…
Court discussed the complexities of determining liability in a bus accident. Greiff v. New York City Transit Authority, 212 A.D.2d 253 (1st Dep’t 1995)
Car and bus accidents can have devastating consequences, resulting in serious injuries or even death. When such accidents occur, it is important to determine who is at fault and who should be held liable for any damages that result. One case that dealt with this issue is Greiff v. New…
Court determined whether a wakeboarding tour company was liable for injuries sustained by a customer during a session. O’Brien v. Jetty Jumpers, LLC, 2021 NY Slip Op 31345(U) (Sup. Ct. Suffolk Cty. 2021)
Wakeboarding is a popular water sport that involves riding on a board while being towed by a motorboat. While wakeboarding can be an exhilarating experience, it also carries inherent risks, especially if proper safety precautions are not taken. Injuries sustained in wakeboarding accidents can be severe, and victims may be…
Court considered a personal injury lawsuit involving a kayak accident. Williams v. Giraldez, 2020 NY Slip Op 30839(U) (Sup. Ct. Kings Cty. 2020)
Kayaking is a popular recreational activity, but it can be dangerous if proper procedures are not followed. Maintaining a proper lookout is an essential part of kayaking safely. It means paying attention to your surroundings and actively scanning for potential hazards, such as other vessels, swimmers, or obstacles in the…
Court considered whether the plaintiffs in a boat accident lawsuit had a claim under Maritime Law. In re: Stowman, 2017 WL 6972566 (N.Y. App. Div. Dec. 28, 2017)
Boating accidents can result in catastrophic injuries and even fatalities, leaving victims and their families with physical, emotional, and financial damage. When a boating accident occurs, legal action may be necessary to seek compensation for the losses incurred. In re: Stowman involves a boating accident and the application of maritime…
Court considered liability in a boat accident case. Estate of Joseph DeLuca v. New York State Department of Environmental Conservation, 2017 NY Slip Op 50805(U) (Sup. Ct. Nassau Cty. 2017)
Boating accidents are a common occurrence, and they can have devastating effects on the victims and their families. In the case of Estate of Joseph DeLuca v. New York State Department of Environmental Conservation, the plaintiff, the Estate of Joseph DeLuca, sued the defendant, the New York State Department of…