New York Personal Injury Lawyer Blog 24/7

Published on: May 8, 2023

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)

by Stephen Bilkis

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 entitled to compensation for their damages.

O’Brien v. Jetty Jumpers involves a wakeboarding accident and highlights the importance of proper safety measures in preventing injuries.

Background

Published on: May 3, 2023

Court considered a personal injury lawsuit involving a kayak accident. Williams v. Giraldez, 2020 NY Slip Op 30839(U) (Sup. Ct. Kings Cty. 2020)

by Stephen Bilkis

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 water.

When kayaking, maintaining a proper lookout involves continuously scanning the water in all directions to identify potential hazards. This includes looking forward, backward, and to the sides. Kayakers should also keep an eye on the weather conditions, as sudden changes in wind, waves, or current can create hazards.

Williams v. Giraldez highlights the importance of maintaining a proper lookout, following navigation rules, and taking evasive action when necessary to avoid a collision with another vessel or object in the water.

Published on: May 1, 2023

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)

by Stephen Bilkis

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 law.

Background

The case of In re: Stowman arises from a boating accident that occurred on August 8, 2009, on the Hudson River in New York. The accident involved two boats, a 20-foot pleasure boat and a 300-foot barge that was being pushed by a tugboat. The pleasure boat was carrying several passengers, including Lindsey Stewart and Mark Lennon, who were to be married two weeks later. The driver of the pleasure boat was Jojo John, who had been drinking prior to the accident.

Published on: May 1, 2023

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)

by Stephen Bilkis

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 Environmental Conservation (DEC), for negligence and wrongful death resulting from a boating accident that occurred in 2012.

The case involves a tragic accident that claimed the life of Joseph DeLuca, a 30-year-old man who was an experienced boater. The accident occurred in Long Island Sound, near Hempstead Harbor, when a DEC patrol boat collided with DeLuca’s boat, causing it to capsize. The DEC patrol boat was on a routine patrol and was traveling at high speed when it collided with DeLuca’s boat.

The Estate of Joseph DeLuca claimed that the DEC was negligent in its operation of the patrol boat, and that this negligence was the proximate cause of DeLuca’s death. The case went to trial, and the court ultimately found in favor of the plaintiff.

Published on: April 26, 2023

Liability of municipality in bike accident case. Estate of Madison Lyden v. City of New York, No. 1:19-cv-07212 (S.D.N.Y. 2019)

by Stephen Bilkis

Bicycle accidents in urban areas like New York City are unfortunately common. One such tragic incident occurred on August 10, 2018, when a young Australian tourist named Madison Lyden was struck and killed by a garbage truck while riding her bicycle in Manhattan. The accident sparked outrage among the cycling community and prompted Lyden’s family to file a lawsuit against the City of New York. This case highlights the need for better infrastructure and safety measures to protect cyclists on the city’s busy streets.

Factual Background

On the day of the accident, Lyden was cycling in the designated bike lane on Central Park West when she swerved to avoid a stopped taxi. She was forced into traffic and was hit by a sanitation truck, causing her to fall off her bike and into the path of the truck’s rear wheels. Lyden was rushed to the hospital but was pronounced dead a short time later. The driver of the truck, Felipe Chairez, was charged with driving while impaired and operating a commercial vehicle while under the influence of drugs.

Published on: April 24, 2023

Court considered the question of whether a physician breached his duty of care leading to the patient’s death. Estate of Thomas Brown v. St. Francis Hosp., 972 F.3d 789 (7th Cir. 2019)

by Stephen Bilkis

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. In the case of Estate of Thomas Brown v. St. Francis Hosp., the plaintiff alleged that a hospital’s negligence resulted in the wrongful death of their loved one. This case highlights the importance of holding healthcare providers accountable for their actions and the need for patients and their families to seek legal recourse when medical malpractice occurs.

Background

In 2012, Thomas Brown underwent surgery to remove a mass in his chest at St. Francis Hospital. During the procedure, a resident physician inserted a central venous catheter (CVC) into Brown’s jugular vein, which is a common practice during surgery. However, the resident physician inserted the catheter too far, causing it to enter Brown’s subclavian artery, which supplies blood to the arms and head. This led to a hematoma, or a collection of blood, in Brown’s chest.

Published on: April 19, 2023

Liability in a motorcycle accident caused by gravel. Grunwald v. Clifton, 110 A.D.2d 869 (N.Y. App. Div. 1985)

by Stephen Bilkis

Under premises liability law, municipalities in New York have a legal responsibility to maintain their roads in a safe condition for motorists, including motorcyclists. This duty includes regularly inspecting the roads for potential hazards and promptly repairing any issues that could pose a danger to the traveling public.

Hazards that could cause motorcycle accidents include potholes, loose gravel, debris, and uneven pavement. Failure to maintain the roadways in a safe condition can result in serious accidents and injuries, and municipalities can be held liable for injuries caused by their negligence.

Motorcycle accidents caused by hazardous road conditions can result in severe injuries and even death. In the case of Grunwald v. Clifton, the plaintiff was injured in a motorcycle accident caused by gravel on the road. Gravel can be a significant hazard for motorcyclists, particularly when it is loose and not compacted into the road surface. Loose gravel can cause a motorcycle to lose traction, which can result in the rider losing control and crashing. As a result, gravel can contribute to motorcycle accidents. The case raised important legal issues about the duty of municipalities to maintain safe roads and the liability of property owners for hazardous conditions on their premises.

Published on: April 17, 2023

Liability in a motorcycle accident caused by hazardous road conditions. Madarash v. BUCH, 151 A.D.2d 297 (N.Y. App. Div. 1989)

by Stephen Bilkis

Riding a motorcycle can be an exciting and exhilarating experience. However, it can also be dangerous, especially when other drivers are negligent or reckless. In some cases, accidents are caused by factors outside of the rider’s control, such as poor road conditions. One such case is Madarash v. BUCH which involved a motorcycle accident caused by a hazardous road condition. This case sheds light on the legal issues involved in motorcycle accidents and the potential liability of government entities for unsafe road conditions.

Background

In June 1983, John Madarash was riding his motorcycle on Route 302 in the Town of Crawford, New York. As he approached a curve in the road, he noticed a large accumulation of gravel on the pavement, which made the road surface uneven and slippery. Despite attempting to slow down and avoid the gravel, Mr. Madarash lost control of his motorcycle and crashed, sustaining serious injuries.

Published on: April 12, 2023

Who pays damages in a workplace accident? Liriano v. Hobart Corp., 92 A.D.3d 33 (N.Y. App. Div. 2012)

by Stephen Bilkis

Workplace injuries are a serious concern for employees and employers alike. Injuries sustained on the job can be debilitating and may result in lost wages, medical bills, and ongoing pain and suffering. In New York, injured workers have legal rights and may be entitled to compensation for their injuries.

In Liriano v. Hobart Corp., the plaintiff, Carlos Liriano, was injured while operating a commercial dough mixer. Liriano sued the manufacturer of the mixer, Hobart Corp., for damages related to his injuries.

Background

Published on: April 10, 2023

Court considered whether a nursing home breached its duty of care by failing to provide proper supervision. Wachter v. State of New York, 802 N.Y.S.2d 74 (N.Y. Ct. Cl. 2005)

by Stephen Bilkis

Wachter v. State of New York is an example of medical malpractice that occurred in a nursing home setting. It highlights the importance of proper supervision and care in nursing homes. The case was brought by the family of an elderly woman who suffered severe injuries while residing in a nursing home operated by the State of New York.

Background

The plaintiff in this case, Marion Wachter, was an 88-year-old woman who had been residing in a nursing home operated by the State of New York for several years. In November 1999, Wachter fell while attempting to walk to the bathroom and suffered severe injuries, including a broken hip and a head injury. She died several weeks later as a result of her injuries.