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Comparative Negligence in New York

Comparative Negligence in New YorkNot all accidents or acts of negligence are entirely the fault of one person or entity. Sometimes a victim holds some degree of responsibility for their own injury. But should this prevent someone from recovering damages from the party that is mostly at fault for their injury? In New York, the answer is no. Even if you have some responsibility for your own injury, you may still be able to recover under the rule of comparative negligence. (more…)

School Bus Accidents

School Bus AccidentsWhen you put your child on a school bus, you trust that they will get to school or come home safely. According to the US Government Accountability Office (GAO), from 2000-2014 there was an average of 115 fatal school bus crashes in the United States each year. School bus drivers are expected to have specialized driver training and exercise the utmost care to ensure the safety of their young passengers and other people on the street. But sometimes things go wrong, due to either the negligence of the driver, defects in the bus, or negligence on the part of the school district. (more…)

Certificates of Merit in New York Medical Malpractice Cases

Certificate of Merit in Medical Malpractice CaseIf you believe that you’ve been injured due to the negligence of a doctor or other medical provider, you should consult with an attorney to see if you have a case for medical malpractice. A medical malpractice case is one involving allegations that a healthcare provider violated the standard of care when treating a patient resulting in an injury. Pursuing a medical malpractice claim in New York can be a complicated and involved process requiring the expertise of an experienced attorney. Unlike other types of negligence cases, under New York Civil Practice Laws and Rules section 3012-a, your attorney is required to file a certificate of merit at the time the lawsuit is filed. (more…)

What is an Attractive Nuisance?

What is an Attractive Nuisance?By nature, children are curious, and at times their curiosity can get the better of them. Children may go places or try things that an adult would avoid because of potential dangers. Sometimes this curiosity can put children in a position where they are seriously injured. Children are not expected to behave as adults do, which is why under New York premises liability law, there is the doctrine of “attractive nuisance.” (more…)

Forklift Accidents

Forklift AccidentsForklifts are an indispensable tool in business and industry. They can be found in factories, supermarkets, warehouses, and construction sites. Unfortunately, they also play a role in thousands of serious injuries and deaths every year. According to the Occupational Safety and Health Administrative (OSHA) forklifts account for more than 100,000 accidents per year. (more…)

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