Legionnaires’ Disease In New York City

On August 5, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of Legionnaire’s disease in New York has increased exponentially over the past several years due to reasons including lack of regulation. While most healthy adults can recover from the disease with the use of antibiotics, elderly adults and children who have diminished or weakened immune systems are at particular risk from Legionnaire’s disease and should seek medical treatment immediately. The New York Daily News provided a great article authored by Erin Durkin , Erica Pearson , Larry Mcshane on New York City’s current struggle and it can be found here.

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

Legionnaires Disease Infects Several People

The disturbing outbreak of Legionnaire’s Disease in New York City is a cause for concern.  Since Legionnaire’s Disease is generally preventable, a diagnosis of Legionnaire’s Disease may lead to a claim for wrongful death, medical malpractice or negligence.  The CNN story by David Shortell can be viewed by clicking here.

Personal Injury Attorney in Mineola

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

Loaned Servant Defense

On July 30, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Loaned Servant Defense

Some Labor Law claims arise in situation where an employer allows their employee to work under the control or direction of another person or entity.  The employee is injured while working under the direction of the other person or entity.  Worker’s Compensation Law can function to prohibit the employee from suing either her employer or the person/entity under whose direction the employee was operating.  This scenario can be raised as a defense to defeat certain Labor Law claims.  It is known as the “Loaned Servant” or “Borrowed Employee” doctrine.

Labor Law Attorney

If you or a loved one has been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!

Labor Law §240(1)

On July 30, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Injured on Construction Site

Labor Law §240(1), sets forth,

“All contractors and owners and their agents…shall furnish or erect, or cause to be furnished or erected for the performance of such labor scafolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” (Emphasis added).

If you are injured due to a safety device not specifically listed in the statute, you may still be covered by the term “…and other devices.”  The New York Court of Appeals has taken the stance that this statute is to be construed liberally so as to fulfill the legislatures intention in enacting the statute.  .Zimmer v. Chemung County Performing Arts, Inc., 65 N.Y.2d 513, 493 N.Y.S.2d 102 (1985).

Labor Law Attorneys

If you or a loved one have been injured in a construction accident due to the lack of a safety device, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!

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