Category: Blog

Can you sue for damages if you are injured at a college party?

With colleges and universities opening their doors once again for the fall semester, many students will be attending college house parties. Some of these students will be 21 and old enough to legally consume alcoholic beverages; however, there will be others who are not. What happens, though, when someone is injured at one of these parties? Who can be held responsible for medical bills and other damages?

Injuries suffered at such parties generally fall under personal injury cases. An injury might occur when someone slips and falls down a staircase where a beer has been spilled or a balcony that collapses under the weight of too many people on it. There can also be injuries suffered because of someone’s negligence, such as when someone underage drinks dangerous amounts of alcohol.

Who can be held liable for such injuries?

There could be several people who could be held responsible or it may only be one person. The host of the party could be held accountable, as could the property owner. If the party occurred on property owned by the college or university, these entities could be held liable. If the college or university is a public school, there are special rules that govern lawsuits against the government.

What damages may be sought in a personal injury case?

An injured party may sue for claims of medical expenses, emotional distress, pain and suffering and other damages and losses. There are time limits in place that limit how long an injured party has to file a personal injury claim. These time limits are called statutes of limitations and can vary from state to state.

Because there are so many variables when it comes to personal injury lawsuits, it’s best to consider the advice of an experienced premises liability attorney who can guide you through the process of pursuing compensation.

Source: FindLaw, “Injured at College House Party? Can You Sue?” Daniel Taylor, Esq., Aug. 14, 2014

In March, an explosion in East Harlem killed eight people and completely destroyed two buildings. An investigation into the cause of the explosion is still ongoing by the National Transportation Safety Board, but a state inquiry by regulators has revealed inadequate training for many of the Consolidated Edison workers.

Con Edison is responsible for the installation and maintenance of the natural gas lines that are under the streets in New York City. The plastic pipes that carry the natural gas is supposed to be less likely to leak than the older iron pipes. Some of the iron pipes can be more than a century old.

When the new portions of pipe were installed, Con Edison employees were apparently not complying with safety regulations when it came to connecting the plastic pipe sections. In addition, the company has admitted that over 300 of the 525 people that were trained on the task have had their qualifications lapse. Con Edison retested the employees and more than 60 of them did not pass the test.

The NTSB has reported that there was a gas main link at the explosion site. In addition, a water main was also broken. The Public Service Commission has said that there was no connection between the explosion and the lapse in certification by Con Edison’s employees. Con Edison also said that the training and testing procedures, while flawed, did not contribute or cause the explosion.

While there has not been a final report issued by the NTSB in this case, in explosions such as these, if a person or company is found to be responsible for the explosion, they may be held accountable for the deaths and injuries that resulted. Victims of explosions and the families of those who perished may be able to pursue compensation for many civil claims.

Source: The New York Times, “Inquiry Into Fatal Explosion Reveals Lapses in Con Ed Workers’ Qualifications” Patrick McGeehan, Jul. 31, 2014

Explosion on hot air balloon injures 5

When most people hear of a fire or explosion, a hot air balloon is likely not the first thing that comes to mind. However, for six people in a hot air balloon over New York’s neighboring state of Massachusetts, an explosion caused by a collision into power lines is something they likely won’t forget.

The accident, which was caught on video by several witnesses, is terrifying to watch. Many onlookers noticed that the balloon appeared very low in the sky. As the balloon descended, it struck power lines, causing a massive light burst and a loud buzzing noise. In at least one video, a man can be heard screaming for people to move and get out of the way.

According to rescue workers, including police and fire personnel, there were six people on the balloon when it struck the power lines. Five of the victims suffered burn injuries as a result of the explosion; however, there was no word released on how the victims were doing.

Currently, the hot air balloon accident is under investigation, and according to reports, no one has been charged in connection with the incident.

Those who were injured in the accident have a right to seek compensation for many civil claims. Those claims might include medical bills, disfigurement, scarring, pain and suffering and lost wages. Because burn injuries have such a high propensity for infections, the victims could undergo long and intensive medical treatments. The financial compensation from a successful civil case can go a long way in helping with a victim’s financial recovery from such an accident.

Source: NY Daily News, “SEE IT: Hot air balloon in Massachusetts crashes into power lines, causes explosion” Joel Landau, Jul. 20, 2014

Explosion at New York museum injuries 3

One volunteer and two employees suffered injuries while working at the Intrepid Sea, Air & Space Museum in New York City. The incident happened about 11:30 a.m. on July 8. The museum was already closed because of a power outage, but after a “transformer incident,” the museum decided to close for the rest of the day.

Injured in the explosion were two museum employees and a person who was volunteering there. Two of the victims, the volunteer and one employee, were transported to Weill Cornell Medical Center after suffering burn injuries to their arms. The other injured party was cared for at the scene. The seriousness of the injuries to any of the victims was not known; however, a museum spokesman said that it was as a precaution that two of the victims were transported to the hospital.

The incident happened outside on a pier that is located next to the museum. According to a spokesman for the museum, the repairs were being completed on an “outside power supply.” Con Edison reported that the museum owned the electrical equipment involved in the incident.

Burn injuries can be very serious because of the possibility of infection. In addition, scarring and disability can result. While the two employees are likely covered under workers’ compensation insurance, the volunteer may be responsible for any medical care he or she received the day of the incident or later on.

When incidents involving explosions or fires occur, the victims have a right to seek compensation for pain and suffering, medical expenses and a variety of other damages. No one should be held responsible for expenses and damages because of negligence on the part of an individual or entity.

Source: Source: CBS New York, “3 Injured In Explosion At Intrepid Sea, Air & Space Museum,” No author given, July 8, 2014

Elevator accident leads to multimillion-dollar judgment

Most people probably don’t think much about stepping into an elevator. In fact, many people are likely just glad not to have to take the stairs. However, elevator accidents do happen in New York and across the country.

In another state, a judgment was just handed down that awarded three women $2 million for injuries and damages they suffered in an elevator accident at a National Football League stadium. The accident occurred when the elevator was overloaded and plunged in a free-fall. It didn’t stop until it crashed into the bottom floor. In addition, while attempting to get the elevator back up to a location to unload its passenger, the elevator fell again.

The company that manages the stadium was found liable for the women’s injuries, which were severe. One suffered nerve compression and a herniated disc, as well as leg problems. She required surgery. Another suffered neck and knee injuries. The knee injury required surgery. The third woman also underwent surgery after suffering a bulging disc and a torn rotator cuff. The women were awarded compensation for medical expenses, lost wages and pain and suffering.

The accident occurred in 2007, with the lawsuit being filed in 2008. It took until 2012 for a judge to issue a ruling allowing the lawsuit to continue.

This was not the first time that an elevator had malfunctioned on the premises due to too many passengers on it. The judge stated that there was a “known problem” with overcrowding on the elevator.

When someone is injured in an elevator accident, either because of negligent maintenance, an overcrowding problem or other reason, the injured party has a right to seek compensation. The advice of an experienced Accident Attorney can prove valuable in determining which parties or entities can be named as defendants in such a case.

Source: WDSU 6 News, “Multi-million dollar judgment issued in Superdome elevator accident case” Andy Cunningham, Jul. 16, 2014