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Month: July 2016

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Special Considerations for School Lawsuits: New York City Legal Firm

Lawsuits against schools might have special considerations

A slip-and-fall accident can produce very serious injuries, no matter where that accident occurs. When the accident occurs at a school, the question that many people will have is whether they can seek compensation or not. The answer to that question isn’t one that is as cut and dry as what you might think.

The big factor that determines how you would handle a slip-and-fall accident case is what type of school is involved. If a public school is involved, you will have special rules to follow. Lawsuits that are against government entities are subject to Tort Claims Acts, which require that you file a notice of claim. Once you do this, the government has the option to deny or accept the claim before you file the claim.

These government immunity laws will usually apply if you are injured in an accident on public school property, but they typically won’t apply if you are injured on a private school’s property. In the case of a private school, normal premises liability laws will likely apply.

In all cases, you should make sure that you take action quickly because of time limits. This is especially important if you are planning on filing a claim against a government entity because the time limits are shorter if you are planning on taking action against a government entity.

It is crucial that you fully understand the special laws that apply to your case if you or your child was injured at a school. This is the first step in determining if you will pursue the claim for compensation.

Source: FindLaw, “Slip and Fall at School: How Do You Sue?,” Daniel Taylor, Esq., accessed July 26, 2016

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Slip-and-Fall Accidents & Injuries: Third-Party Claims

Slip-and-falls: third-party claims

There are several ways that people are injured either at work or in the process of doing their job. When this happens, most people think to talk to their employer about filing a workers’ compensation claim, especially if the injury affects their ability to continue to do their job at full capacity. But sometimes, a workers’ comp claim is not the only recourse that the employee has. One of these scenarios includes slip and falls personal injury claims against a third party, which can often be pursued along with a workers’ compensation claim.

What Are Grounds For A Third Party Claim?

Typical slip and fall claims that would only call for a workers’ compensation claim are those where the fault of the injury can be traced entirely to the negligence of the employer. For example, they may have failed to inform employees that a floor was being waxed. By filing only a claim against the employer, an employee may receive modified wages while off work, and have their basic medical bills taken care of. It does not include any compensation for pain and suffering.

But when some other party besides the employer has also been negligent, and that negligence contributed to the injury, a slip and fall personal injury claim may be possible. For example, if an outside cleaning company was hired to wax the floor for a special event, such as an annual meeting, and failed to put up appropriate signs indicating the slippery surface, the cleaning company could potentially be named in a third party personal lawsuit.

Other Common Third Party Claims

In order to be hurt on the job, you don’t necessarily need to stay in the office. Several jobs involve leaving the physical location of the job, and a fall could happen at another location which could prompt a lawsuit. A pizza or package delivery surface might slip and fall on an icy sidewalk when they are delivering goods to a private home. A personal injury case could be filed against the homeowners. Someone who inspects buildings could enter a home or business and fall due to unsafe obstacles in the vicinity. Also if you are hired to go into another company’s workspace to do a contracted job, and are injured while doing that job, including a slip and fall, you may have grounds for a lawsuit.

Why Go Beyond Workers’ Comp?

While any of these injuries might qualify for a workers’ compensation claim, these claims might barely scratch the surface to pay for the true expenses of the injury. A broken arm might never function quite the same way again, and some falls could cause back injuries that require years of physical therapy and result in daily pain. These injuries may even reduce a person’s options for other, higher paying jobs in the future and may impede on their overall quality of life.

If you slip and fall in the course of doing your job, having a strong workers’ compensation plan is a great asset, but sometimes it just isn’t enough. A Accident Attorney can help you make a more thorough assessment of your situation so you can decide if a third party may owe you compensation for your injuries as well.

are those where the fault of the injury can be traced entirely to the negligence of the employer. For example, they may have failed to inform employees that a floor was being waxed. By filing only a claim against the employer, an employee may receive modified wages while off work, and have their basic medical bills taken care of. It does not include any compensation for pain and suffering.

But when some other party besides the employer has also been negligent, and that negligence contributed to the injury, a slip and fall personal injury claim may be possible. For example, if an outside cleaning company was hired to wax the floor for a special event, such as an annual meeting, and failed to put up appropriate signs indicating the slippery surface, the cleaning company could potentially be named in a third party personal lawsuit.

Other Common Third Party Claims

In order to be hurt on the job, you don’t necessarily need to stay in the office. Several jobs involve leaving the physical location of the job, and a fall could happen at another location which could prompt a lawsuit. A pizza or package delivery surface might slip and fall on an icy sidewalk when they are delivering goods to a private home. A personal injury case could be filed against the homeowners. Someone who inspects buildings could enter a home or business and fall due to unsafe obstacles in the vicinity. Also if you are hired to go into another company’s workspace to do a contracted job, and are injured while doing that job, including a slip and fall, you may have grounds for a lawsuit.

Why Go Beyond Workers’ Comp?

While any of these injuries might qualify for a workers’ compensation claim, these claims might barely scratch the surface to pay for the true expenses of the injury. A broken arm might never function quite the same way again, and some falls could cause back injuries that require years of physical therapy and result in daily pain. These injuries may even reduce a person’s options for other, higher paying jobs in the future and may impede on their overall quality of life.

If you slip and fall in the course of doing your job, having a strong workers’ compensation plan is a great asset, but sometimes it just isn’t enough. A Accident Attorney can help you make a more thorough assessment of your situation so you can decide if a third party may owe you compensation for your injuries as well.

On behalf of Larisa Mar of Daniella Levi & Associates, P.C. posted in Slip & Fall Accidents on Monday, July 25, 2016.

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New York City Takes Action in Response to Elevator Accidents

Elevator accidents prompt action in New York City

The number of people who are injured and killed in elevator accidents in New York City is simply unacceptable. A new campaign seeks to improve elevator safety in the city.

One issue that is being addressed by the “Stay Safe. Stay Put.” campaign is the tendency of people who are in an elevator that has stopped to try to get out of the elevator. The goal of the campaign is to get people to stay calm and simply use the method provided in the elevator to call for help.

Many people who are an elevator fear a free-fall accident. That isn’t likely to happen, so it is almost always best to simply stay put until help arrives. In fact, the worst elevator deaths reported occur when passengers try to get free on their own.

If you are on an elevator that stops, you shouldn’t try to leave the car. You could actually cause more trouble if you try to pry the doors open or jump up and down in the elevator in an effort to get out. By jumping or trying to pry the doors open, you could shift the car or affect the brake system, which could make a rescue more difficult.

From 1997 to 2010, there were 91 deaths of elevator passengers in accidents not related to work. New York was at the top of the list during that time with 13 deaths. Last year alone, 51 people were injured and five people died in New York City elevator accidents.

People who are injured in elevator accidents and the family members of those who are left behind when a person is killed in an elevator accident can opt to seek compensation.

Source: Claims Journal, “Elevator Safety Campaign Launched in New York City,” July 12, 2016

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Safety Tips for Using Elevators: Reduce Risk of Injury

A few tips for using an elevator safely

Accidents on elevators can be devastating when the cables and system that keeps them operational fail. While elevators are considered a very safe way to get to where you need to go, you must take steps to stay safe on elevators. In some cases, following these tips might not be enough to keep you safe. When an accident on an elevator occurs, you may decide that you need to hold liable parties accountable by filing a claim for compensation.

One tip that helps you to remain safe is never to try to force your way onto an elevator. If the elevator doors are closing, wait for the next elevator car to arrive. There is a chance that you could be crushed by the doors if you try to force your way into them.

Elevators have capacity limits. If you try to get onto the car and find that it is full, you should wait for the next one. If there are people getting off of the elevator, wait for them to get off and the assess the situation again. You can push and hold the “door open” button while you do this. If you can’t reach it, have someone else press it for you.

If you are stuck in an elevator, make sure that you don’t panic. Elevators have enough air in them, even if it begins to feel warm inside. When you find yourself stranded in an elevator car, use the alarm button or your phone to summon help. Don’t try to climb out of the elevator if it is between floors. There is a chance that the elevator could start again and harm you. If the elevator is close to a floor landing and you can easily step out, do so quickly, but not if you have to climb out.

Source: National Elevator Industry, Inc., “Elevator Safety,” accessed July 13, 2016

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Life-Altering Shopping Injury: NYC Accident Attorneys

Shopping injuries can be life altering

Shopping venue owners have a duty to keep patrons safe from injuries. Doing so means that they must take several points into account. Not only do they have to think about the physical attributes of the premises, such as the flooring and shelving, but they also have to consider the security of the patrons. Without thinking about security, stores can often miss one of the possible ways that patrons can suffer injuries.

Overcrowding in stores, such as what would happen on Black Friday or during a major sale, can pose a problem for shoppers. The massive crowds mean that shoppers are at risk of being trampled, shoved, or pushed. Each of those possibilities carries the risk of the shopper suffering from serious injuries.

When it comes to issues regarding overcrowding or negligent security, injured shoppers might choose to seek compensation for their injuries. There are a five points that must be included in the claim for compensation. These include:

–The shop owner should have known or knew about the dangerous condition that was present.

–The shop owner didn’t take time to reguarly inspect the property to learn of problems.

–The dangerous condition is what led to the accident.

–The accident is what caused the injuries that the shopper suffered.

–The injured shopper suffered damages, including financial damages, because of the injury caused by the accident.

Claims based on negligent security can be rather complex because of the required elements and circumstances of the accident. It is crucial that you fully understand what you need to include in your claim for compensation before you file.

Source: FindLaw, “Shopping Injuries Overview,” accessed July 08, 2016

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