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Brooklyn Legal Issues Blog

Construction company fined $25,000 after scaffold crash

Everyone in New York knows that construction job sites are ripe with the opportunity for an accident to occur. They should also know and be able to trust, however, that construction companies and contractors follow the clearly outlined safety procedures that they are legally required to. Unfortunately this appears to not happen all of the time as accidents continue to happen leaving innocent people injured unnecessarily.

One such incident that happened in Brooklyn recently has resulted in a $25,000 fine and a citation being issued to the construction company involved. The fine was issued by the New York City Department of Buildings. The violation was connected to an incident on a Saturday morning in which some workers on a job site were taking apart a piece of scaffolding. Reports indicate that the structure spanned roughly 20 feet.

Understanding a medical malpractice lawsuit in new york

When it comes to finding a doctor or surgeon, the utmost medical professionals are generally a top priority. Most New Yorkers who have already chosen physicians in the area understand the importance of honesty and full disclosure of necessary medical information. Unfortunately, not all professionals maintain a reliable practice. What options do patients have during these difficult situations?

U.S. News shared in January that New York had passed a bill that would make considerable changes to the state's medical malpractice laws. Under this proposed law, patients would be able to sue doctors even years after an incident. Known as "Lavern's Law," the bill would modify the statute of limitations for suing a doctor for a cancer misdiagnosis by allowing up to 2.5 years after the time at which a patient first discovers the medical mistake. Currently, New York's statute of limitations for such lawsuits is 15 months after the point of misdiagnosis.

False Arrest and Police Brutality Tight Handcuffs Excessive Force

Within the realm of false arrest and police brutality, allegations involving the use of tight handcuffs by police officers, whether the use of handcuffs is reasonable and, thus, not actionable or excessive force, hinges on whether 1) the handcuffs were unreasonably tight; 2) the defendants ignored the plaintiff's pleas that the handcuffs were too tight; and 3) the degree of injury to the wrists, if any.

The trends related to motor vehicle accident fatalities

Back in 1900 when there were only 76 million people in the United States, there were 36 deaths related to motor vehicle accidents. Of course, there were barely any vehicles out on the roads back then anyway -- but it is an amazing statistic that shows just how far we have come in more than a century.

In 2016, the U.S. population was at about 323 million, and there were 37,461 fatalities related to motor vehicle accidents. This is considered a remarkable success given the history of fatal motor vehicle accidents. Consider the period from 1963 to 1991. During this nearly three-decade period of time, there were always more than 40,000 fatalities due to motor vehicle accidents. And many years, the number was above 50,000.

Woman slips, falls at school; files lawsuit

In our last post, we talked about a slip and fall incident in New York that occurred because a property manager failed to properly clear away snow during the winter. That built up an embankment of snow near the sidewalk, which eventually had some runoff that refroze on the sidewalk, leading to the woman in the story slipping and falling.

Today we have a different story that occurred here in New York, and even though the circumstances of the story are a little different, the result is the same: a victim of a slip and fall suffered serious and life-changing injuries.

Snow-related slip and fall case settled

A woman who lived in Brooklyn in 2014 sued FirstService Residential New York after she slipped and fell on the sidewalk during the winter. The woman got a ride back to her home in the early morning hours during the 2014 winter when she slipped outside on a slippery surface. The lawsuit alleges that she found a path through the curbside snowbank that formed from snow removal, but she still slipped and fell as she tried to take the seemingly safest route possible.

One of the possibilities raised in this story is that runoff from the snowbank that formed near the curb made it on to the sidewalk and then refroze. As a result, it created a sheet of ice that caused the woman to lose her footing and fall, suffering serious injuries in the process.

Fatal construction accident leads to wrongful death lawsuit

Construction sites are dangerous places, and the workers who have to be on these sites for many hours every day for months on end put their lives at risk -- quite literally, as our source article shows.

A 34-year-old man was scheduled to install rebar and other iron reinforcements for the concrete structures of a new building that is expected to be leased by Apple. The worker was six stories up and was walking across a plywood plank to reach the area he needed to work on. As he walked across, the platform collapsed and he fell to his death. The platform had supports underneath it, but they were removed prior to the 34-year-old walking across the platform. The Occupational Safety and Health Administration (OSHA) came to this conclusion after investigating the matter.

Amount of evidence questioned in slip and fall case

On Oct. 1, 2015, a man walked into a property that was owned and maintained by We Buy Houses Lancaster LLC. He was there as an invitee or tenant (though it is not clarified in the source article which classification he was) and he slipped on a wet substance on the ground which caused him to suffer injuries that may be "serious or permanent in nature." Details are sparse, but it sounds like he fractured his wrist multiple times and suffered other injuries that the lawsuit he filed against We Buy Houses Lancaster LLC described as causing him "great pain and suffering."

We Buy Houses Lancaster has filed an objection to the lawsuit, claiming that the plaintiff has not provided enough evidence to substantiate his claims and, thus the lawsuit. If that objection is denied, then the plaintiff's case will move forward as is.

False imprisonment violates your rights

Imagine being taken into custody by a store owner because he or she believes you stole something. You wait a few minutes to try to sort out the problem, but after twenty and then thirty minutes pass, you feel that it's unreasonable. The owner suggested that he or she was calling the police, but no one has arrived. At this point, is holding you while waiting for the police false imprisonment?

False imprisonment can become a problem in a number of situations, the above being just one. False imprisonment can happen in shopping malls like the situation above if you're accused of shoplifting. It's unreasonable to hold someone without taking action for a long period of time. You should only be detained for as long as it takes to get your information or to have the police arrive on the scene.

When childcare supervisors fail, children can be hurt

Being a parent is a stressful but rewarding experience. As a parent, you have your routines and you know there are certain mishaps that your children will make. In a sense, you are prepared for the unexpected. However, you can't always be watching your child or children. Sometimes, you have to pass your children off to childcare centers and supervisors to ensure that you can get to work or get errands done.

This is where things can get complicated. As a parent, you want to trust these supervisors and caregivers. But sometimes, they fail in their duties. Negligent supervision at daycare centers or at schools is not unheard of, and for parents this isn't just a traumatic experience because of what happens to your child -- it is also traumatic because it shatters your faith in others to take care of your children.

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