Brooklyn, NY Legal Blog

A Brooklyn jury recently awarded a Plaintiff $450,000 in a premises liability action. 

The Plaintiff, age 64 on the date of accident, was out for night with friends in March of 2015.  As the Plaintiff was walking with her friends, her right foot was allegedly caught on the edge of an outdoor rug in front of the entrance of a New York City hotel located in the Theater District.  The Plaintiff fell forward.  As a result of her fall, the Plaintiff claims that she was bloodied and severely injured in the fall.  The Plaintiff’s front teeth were pushed back into her throat and she sustained a fractured right wrist.  At the time of the trial, Plaintiff testified that she still has stiffness and weakness in her right wrist.  She also testified that she has difficulty grasping things.

Product manufacturers produce goods and products consumers trust are safe for their intended use. This is because manufacturers are not only required abide by various guidelines and safety standards, but also laws that ensure they take appropriate steps in ensuring their products don’t pose unreasonable risks to the consumers who use them. Unfortunately, as we have seen through many newsworthy recalls and reports of injuries and deaths, manufacturers don’t always uphold their legal obligations, and cause harm as a result.

Product liability claims can enable injured consumers to pursue justice and monetary compensation for their damages after being harmed by any number of publicly available goods. These include various drugs and medications that, through the failures of manufacturers, caused consumers to suffer injuries or illnesses that could have otherwise been prevented.

You were involved in an accident.  What should you do?  You don’t appear to be injured?  Should you go to a doctor to get checked out? 

Even if it doesn’t “seem” like you’re hurt, waiting to see a doctor is never a good idea. Most professionals (medical, legal, and insurance) advise that you get checked out medically within three days of your accident. Why 72 hours?  There are several reasons, all of them very sound.

In a New York State personal injury lawsuit, the plaintiff seeks to obtain fair compensation for their personal injuries from an at-fault party. One of the components of a personal injury lawsuit is the giving of the deposition by the personal injury victim.  Some personal injury plaintiffs believe that appearing for a deposition is a daunting task and as a result get very nervous and sometimes do not do as well as they thought they could do.

Here are the 12 tips for giving a deposition in a personal injury case in New York State.  Following these tips should help you out.

1. Tell the truth– the single most important rule for giving sworn testimony is, to tell the truth. The defense hopes to find an untruth in your testimony that they can use against you at trial during cross-examination.
2. Listen carefully to the question that is being asked – do not anticipate a question and listen closely to what you are asked. Only answer the question that is asked.  Do not volunteer any additional information beyond the question that is being asked.
3. Do not let the attorney put words in your mouth – leading questions are part of the deposition process. If you do not agree with the leading question or the premise behind it – do not agree with the testimony.
4. Watch out for continuous yes responses - one technique many defense lawyers use is to start with a series of truthful easy questions requiring a simple yes answer and then sneaking in a damaging question, hoping that you continue with the quick yes response.  Listen carefully to the questions being asked.

In September of 2013, a 30 year old male, who was also a vigorous sports and gym enthusiast, was involved in a rear-end collision while his vehicle was stopped on Canal Street. 

The Plaintiff claimed that he injured his neck and body when it lurched back and forth as a result of the impact.  After the accident, the Plaintiff underwent anterior discectomy surgery and fusion to his neck.  This type of procedure involves the removal of herniated disc(s) from the neck and the insertion of an implant or bone graft in the neck in the area of the removed discs to provide the patient with stability.  The Plaintiff had the surgery on his neck performed after conservative treatment failed to alleviate his pain and complaints.

A Brooklyn jury recently awarded a Plaintiff $130,000 for personal injuries sustained while she was a passenger in her friend’s vehicle.

The subject car accident occurred in November of 2011.  The Plaintiff, age 47 at the time of the accident, and her sister were passengers in their friend’s SUV.  The vehicle was traveling along Ocean Avenue.  When their vehicle reached the intersection of Avenue Y and Ocean Avenue, the vehicle was struck by a second vehicle.

In the United States, a Copyright is a legal right that grants the creator of an original work (literary, artistic, musical, or other creative work) exclusive rights for its use and distribution. The owner of the Copyright has the sole right to publish and sell that work.  Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant (through a license) or sell those rights to others, including publishers, recording companies, or movie/television studios.

What is Copyright Infringement? 

Infringement occurs when the two works are “substantially similar,” proof of which is broadly defined by the courts.

Pressure sores also referred to as bedsores or pressure ulcers. These sores or skin wounds are preventable skin breakdown that look like sores on the skin.  Pressure sores are skin and tissue injuries that are caused by prolonged pressure to the skin.  Typically pressure ulcers are found on the “bony” parts of your body including ankles, heels, hips and buttocks.   Most often times pressure ulcers occur in an elderly patient who is fully bed ridden or who is left in a wheelchair for long periods of time.

The decision to place an elderly loved one into a nursing home or assisted living facility is never an easy decision to make. As we watch our parents grow older, it can often bring up deep emotions for both the beloved parent and the child who is witnessing the transition. While most caretakers have your loved one’s best interests at heart, the fact is that nursing home abuse does happen.  It is important that you do your homework when considering a nursing home or assisted living facility for your family member.  At the same time it is important to know what the signs are of possible nursing home abuse.

The spinal cord is a long, thin, tubular bundle of nervous tissue and support cells that extends from the medulla oblongata in the brainstem to the lumbar region of the vertebral column. The brain and spinal cord together make up the central nervous system.

The human spinal cord is divided into 31 different segments.  The segments are broken down as follows:

• 8 cervical segments forming 8 pairs of cervical nerves (C1-C8)
• 12 thoracic segments forming 12 pairs of thoracic nerves (T1–T12)
• 5 lumbar segments forming 5 pairs of lumbar nerves (L1–L5)
• 5 sacral segments forming 5 pairs of sacral nerves (S1–S5)
• 1 coccygeal segment

What is a spinal cord injury? 

Spinal cord injuries occur when trauma to the spinal column causes damage or places pressure on the spinal cord itself. The spinal column in made up of 31 vertebrae that are stacked vertically along the back.

We just had another snow storm.  Between 4 and 10 inches of snow fell in New York City and Long Island and in areas north of New York City, over a foot of snow fell.  Who is responsible for the removal of snow?  When must the snow be removed?

Property owners and occupants in New York City and many Long Island communities are legally responsible for removing snow and ice from their property.  The areas that need to be cleaned include walkways, entryways, steps, sidewalks, walkways as well as in parking lots affiliated with the property.