Law Offices of Nicholas Rose, PLLC

A New York automobile accident victim may only bring a negligence case against the other party if the victim suffered at least $50,000 in basic economic loss or a serious injury. The New York Insurance Law defines a serious injury to include certain specified injuries. A medically determined injury or impairment may also be a serious injury if it prevents the person from performing substantially all of his or her usual and customary daily activities for at least 90 of the 180 days immediately after the incident. [ 679 more words ] http://www.newyork-injurylawyerblog.com//serious-injuries-

It can be difficult for a plaintiff in a New York automobile accident to succeed in a personal injury case when the defendant had the right of way, but it is not impossible. Even a driver who has the right of way has certain duties of care, and if a breach of one or more of those duties causes an accident, the driver may be liable. [ 494 more words ] http://www.newyork-injurylawyerblog.com//new-york-defendan

Defendants in New York personal injury cases often attempt to prevent a case from going to trial by moving for summary judgment. To succeed in a motion for summary judgment, the defendant must show that it is entitled to judgment as a matter of law. To make this showing, the defendant must establish that there is no triable issue of fact. [ 736 more words ] http://www.newyork-injurylawyerblog.com//new-york-liabilit

New York Labor Law protects construction workers and places liability on owners and contractors under certain circumstances. Plaintiffs injured in a construction accident often bring claims under multiple sections of the Labor Law, as in Daniel v 384 Bridge St. LLC. The plaintiff alleged he was injured when he stepped on the edge of a piece of plywood covering a hole in the floor while walking through the construction site. [ 730 more words ] http://www.newyork-injurylawyerblog.com//new-york-labor-la

In construction accident cases, the defendants are often in possession of information the plaintiff may need to prove his or her case. In New York litigation, there is to be full disclosure of all matter material and necessary in the prosecution or defense of an action by a party. CPLR 3101(a). Among the discovery devices available are interrogatories and demands for discovery and inspection of documents or property. [ 655 more words ] http://www.newyork-injurylawyerblog.com//discovery-new-yor

Liability is often difficult to determine in accidents involving multiple cars. In some cases, however, liability can be fairly straightforward. In New York, a rear collision with a stopped vehicle establishes a prima facie case of negligence against the driver of the rear vehicle. One New York court recently considered liability in a case involving a four-vehicle accident. The plaintiff in [ 664 more words. ] http://www.newyork-injurylawyerblog.com//summary-judgment-

New York in winter can be dangerous for pedestrians. Although property owners in many New York cities have a duty to clear sidewalks abutting their property, New York law does not require them to remove accumulation during a storm in progress, and it gives them a reasonable amount of time after the storm stops to clean the sidewalk. The Supreme Court in New York County recently considered whether the storm in progress rule would prevent recovery in [ 568 more words. ] http://www.newyork-injurylawyerblog.com//storm-progress-ru

Workers’ compensation is generally the exclusive remedy of an employee against his or her employer for injuries incurred in the course and scope of employment. In New York, this protection applies not only to the employee’s actual employer but also to any special employer. Special employment exists when an employee is transferred for a limited time to the service of the special employer. [ 572 more words. ] http://www.newyork-injurylawyerblog.com//special-employer-

New York Labor Law 240(1) requires contractors and owners to provide certain safety devices, including scaffolding, hoists, and ladders, for the protection of the workers. In the recent case of Reyes v. Campo Bros., the plaintiff filed a claim under this section, but there were conflicting accounts of how his fall occurred. The plaintiff fractured his back and sustained other injuries in a fall while working as a roofing technician for a subcontractor on a job site. [ 593 more words. ] http://www.newyork-injurylawyerblog.com//new-york-construc

It is common in personal injury cases for defendants to try to avoid liability by pointing fingers at each other. In premises liability cases, there are often vendors that are contractually responsible for maintaining certain areas of the premises. The property owner and vendor often blame each other for the plaintiff’s injuries, as in the recent case of Solomon v. Barnes & Noble, Inc. [ 1152 more words. ] http://www.newyork-injurylawyerblog.com//child-plaintiffs-

The New York Labor Law provides protections to construction workers and places specific obligations on owners and contractors. Labor Law 240 requires contractors and owners to provide appropriate equipment to protect workers from injuries arising from the application of the force of gravity. Labor Law 200 requires contractors to provide a reasonably safe workplace. Labor Law 241(6) places a non-delegable duty on contractors and owners to provide reasonable and adequate protection and safety to construction workers. [ 867 more words. ] http://www.newyork-injurylawyerblog.com//plaintiffs-claims

Accidents at construction sites often involve construction workers, but sometimes a person who is not involved in the construction work is injured at a construction site. Since it is not always clear who is responsible for an accident, an injured person may pursue claims against multiple construction companies and the premises owners. The Supreme Court in New York County recently considered defense motions for summary judgment in a case in which an employee working on the second floor was injured while leaving through a construction area on the first floor. [ 1026 more words. ] http://www.newyork-injurylawyerblog.com//new-york-construc

Under New York law, plaintiffs in personal injury cases arising from automobile accidents must show they suffered either a basic economic loss greater than $50,000 or a serious injury that meets the definition set forth in New York Insurance Law 5104. A plaintiff can meet the serious injury requirement by showing that he or she suffered a non-permanent injury that prevented him or her from doing substantially all regular daily activities for at least 90 of the 180 days immediately after the accident. [ 764 more words. ] http://www.newyork-injurylawyerblog.com//no-summary-judgme