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, […]
Accidents occur despite people following the Rules of the Road. That is why we should all exercise defensive driving (and defense walking, cycling, etc). Look carefully at intersections as you are turning into crosswalks – there are blind spots that could obscure pedestrians (especially children). There is no need to speed through an intersection; treat
We should all exercise defensive driving (and defense walking, cycling, etc) Read Post »
Traveling in other states, especially on interstate highways, can add stress to your vacation plans. Federal highways permit drivers to operate their vehicles up to 75 miles per hour (and many vehicles travel above those already high speed limits). If you are involved in an accident in another state, there are a few things that
I went to Albany last Tuesday to persuade members of the NYS Assembly and Senate to pass legislation that benefits injured persons. Not only do I represent my clients zealously in court, I feel compelled to use the democratic process to do the same in our state legislature.
Charles DeStefano attends “Lobby / Civil Justice Day” in Albany Read Post »
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 »
I often recommend that renters should purchase a Tenant Liability policy to protect their property and lives. This type of coverage is is not prohibitively expensive and the benefits are, by far, very substantial. Your local insurance agent will be able to sell you the insurance product that suits your needs. Your personal property, in
Tenant Insurance protects renters in many ways Read Post »
Mayor DeBlasio has pushed his “Vision Zero” initiative to help prevent pedestrian deaths and injuries. The most dangerous place for pedestrians can be in a crosswalk since drivers often do not see pedestrians due to sun glare, driver distraction, etc. Once defensive driving was the norm. Now, due to the use of smart (dumb!) phones,
Exercise caution as you walk in a delineated crosswalk Read Post »
Barring an incredible software glitch, a traffic signal can display a green light for only one set of drivers at a time. However, it is common that following an intersection accident, both parties will (strangely enough) claim that they proceeded on a light in their favor. Chaulk it up to misperception (at best), but without
Most people cringe when they receive a notice to appear at Jury Duty. It is a civic duty that interrupts our work and family activities, hence it invokes anxiety. However, when we appear at the courthouse to answer ready for duty, it becomes clear that being a part of the jury system enables our
Jury Selection – An important civic duty Read Post »
Since the burden of proof is on the plaintiff (in my firm, usually the injured person), it is best to do a thorough investigation to uncover clear, objective, and compelling evidence. One of the things that makes me happy is when my investigator is able to locate a non-party witness that can relate positive testimony
What is a “Non Party Witness”? 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 »
In this digital age, it is no surprise to see photographs of damage to vehicles and injuries that were taken at the scene. People are less punishing when these photographs are presented to juries (or at depositions) since most people carry a smart phone with a camera. It would have been previously considered distasteful for
If you are in an auto accident, take photos of the property damage 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 »
If you have been injured in an accident in a street in New York City, you need to be aware of the pitfalls of pursuing a claim against the City of New York or other potential defendants. The first item that needs to be investigated is the exact location of the accident. An accurate
Injured by a defect (e.g., a crack, depression, hole in the street)? 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 »
There has been much discussion (maybe too much!) about the election and how our newly elected President will act on the immigration issue. Without discussing the politics of this important matter, there are important components our the law in New York that will always protect all persons residing in this state, regardless of the person’s
All visitors to New York State have the right to be protected under No Fault Read Post »
