The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public. Factual Background The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent,…
Articles Posted in Personal Injury
Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)
Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed…
Appellate Division considered whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. Vincent v. John Doe #1, 640 N.Y.S.2d 864 (2d Dep’t 1996)
In the case of Vincent v. John Doe #1, the New York Supreme Court, Appellate Division, Second Department, considered the issue of whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. The case has…
The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)
In Estate of Zani v. New York City Health & Hosps. Corp., the New York Appellate Division addressed the issue of whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. The case is significant because it clarifies the extent…
Court of Appeals considered whether plaintiff’s wrongful death claim was properly dismissed. Adames v. Sheepshead Bay Rd. R.R. Co., 303 N.Y. 208 (1951)
In Adames v. Sheepshead Bay Rd. R.R. Co., the New York Court of Appeals addressed the issue of whether a common carrier can be held liable for injuries sustained by a passenger when the passenger voluntarily disembarks from the carrier’s vehicle before reaching their destination. The case is significant because…
Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960)
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…
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,…