Creativity is required when you need to present evidence that supports your case. I usually advise clients to save their shoes in a trip and fall case because quite often a defendant will infer that a worn out shoe, a broken heel, or worn out sole was the cause of a plaintiff’s fall. The saved […]
The case of “The Shoe Fits” Read Post »
Working in construction is a job that can be risky. There are more accidents and deaths of workers in construction than in any other industry. According to data from the Department of Labor, 5% of workers in the United States work in construction, but hold the 20% of the deaths by accidents. One of the
We are always concerned when we leave our children in the care and custody of bus drivers, teachers, lunch attendants, principals, etc. Life has its uncertainties (but we cannot be consumed with the unknown and potential dangers of schooling our children; we would live in a state of constant anxiety if we did so). However,
The simplest maintenance of your property could save you from being sued for negligence. Carpets (especially on steps) should be immediately repaired as they present a trip hazard. Sidewalk cracks, fissures, etc. are clearly an accident waiting to occur. Bear in mind that members of the public use your sidewalk and you have a legal
Invest in maintaining your home – it can save you from liability exposure Read Post »
After having been involved in an accident, preserving evidence of the accident may be the last thing on the mind of an injured person. The injured person is focusing on their pain, not a lawsuit. However, you should be aware that ocular proof best satisfies the burden of proof that is upon the injured person when
Preserve all evidence following an accident – e.g., photos, videos, clothing, etc Read Post »
If you are injured in a car accident (and able to ambulate, of course) you need to take photos of the damage to your vehicle, as well as the damage to the other vehicle(s) involved, and the general scene of the accident. Any cases involving a a trip and fall accident due to a defect
If you are injured in an accident, use all tools available to you to preserve evidence Read Post »
If you have suffered an injury by falling on a sidewalk defect, you need to be aware of who is responsible for maintaining sidewalks and making proper repairs. In NYC, owners of a 1 or 2 Family residence are NOT responsible to repair cracks or defects in front of their home (unless they have been
Sidewalk accidents – Who is responsible for your injuries ? Read Post »
There are safety issues that we should be conscious of during the holidays and some simple tips could save lives. For those who have Christmas trees, always unplug the lights before going to bed. Faulty electrical cords, tree lights, etc., along with proximity to flammable materials (wrapping paper, cotton bedding under tree) are dangerous. Candles
Safety concerns during the holiday season Read Post »
Now that the winter seasons is upon us, a discussion about the merits of slips and falls on ice or snow is warranted. The general rule of law regarding a landowner’s responsibility to clean snow and/or ice is that snow must be cleared within a reasonable time following the end of precipitation. The Administrative Code of
Slippery Slope of “Ice and Snow cases” Read Post »
