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!
Construction Injury
Recently, we have fielded some phone calls regarding workplace injuries. There seems to be some confusion as to when an employer can be sued. There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors. These questions are answered statutorily by New York Labor Law. Sections 200, 240, 241 are 241-a in particular will control the construction litigation lawsuits in New York. These laws attempt to set the guidelines for a safe work environment for all construction workers. Unfortunately, however, accidents happen. Injuries occur. Often times, these injuries are catastrophic in nature. Large construction companies often “cut corners” to maximize profits. Safety protocol can be compromised in these cuts. The injuries caused by the cut corners can deprive a victim of their life or limbs or ability to care for themselves for the rest of their lives. When these injuries occur, it is important to know your legal rights and remedies. The faster you act, the better you can position yourself to obtain a large award.
It is very important to know that although Worker’s Compensation Law (especially section 11) can be restrictive in terms of seeking contribution or indemnification from a victim’s employer, there are types of injuries that will allow for such a claim to be successful. It is important to consult with an experienced Labor Law attorney when faced with aftermath of such an accident.
Labor Law Attorneys
If you or a loved one has been involved in a workplace accident, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!
Municipal Liability for Injuries
An interesting decision came down in September of 2014 involving municipal liability claims. In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions. The Plaintiff-decedent was attacked and killed in a parking garage owned by the city. The Plaintiff rented the parking spot from the city on a monthly basis. The city had the obligation of providing a minimum level of security in it’s proprietary function as a commercial property owner. The city’s function as a commercial property owner has nothing to do with its functions as a governmental body. Therefore, the city was not entitled to summary judgment based on governmental immunity.
Personal Injury Attorneys
As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.
Often times in Personal Injury cases, the injury itself becomes an issue. Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d). The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute. In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body organ or member” or “significant limitation of use of a body function or system.” These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010). Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.
Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task. It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).
Just for informational purposes; there also exists a 90/180 rule. This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work. This particular post is not directed towards explaining this category but it is important to be aware of.
As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!
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