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Special standards apply in motorcycle accidents

Riding a motorcycle in New York City carries with it a certain amount of benefits and several downsides as well.

New York City traffic congestion is legendary, and in many cases, riding a motorcycle is the most efficient way to get from one part of the city to another.  However, that has to be offset by the fact that with so much congestion and with so many drivers, there is an increased possibility of getting into an accident.  Studies have shown that when a person is involved in a motorcycle accident, they may be as much as 30 times more likely to die than if they were riding in a car.

While motorcycle drivers are much safer on the roads than an average driver, they must still share the road with car and truck drivers who are nowhere near as cognizant about safety.  Add in the fact that weather and road conditions can play anunfavorable part in a motorcycle rider’s experience, and it’s easy to understand why cycle accidents take place with alarming regularity.

Although in the eyes of the law, motorcycle accidents share many similarities, there are many other things that are different.

When an attorney argues a case in front of a judge and jury, courts take into consideration the added risks of riding a motorcycle.  They hold car drivers to a different standard when a motorcycle is involved.

When looking at thepossible negligence of car drivers, courts will also find more favorability toward a motorcycle rider because they are required to have specialized skills to ride.  Courts also consider that motorcycle drivers face increased vulnerability to road hazards including road debris, less protection and other related factors.  That can tip the scales in a big way when it comes to seeking compensation.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

 

Premises liability laws hold property owners accountable for slip and fall accidents

From the moment you step outside of your front door, you are at the mercy of the outside world when it comes to being involved in an accident.  Nowhere is it more prevalent than in New York City, where there are hazards every step of the way.

One of the more common types of accidents is a slip and fall.  While you may think that something like this can only happen on wet or icy pavement in the bleak months of winter, the truth is, a slip and fall accident can take place 24-hours-a-day, 7 days a week, 365 days a year.

Aside from a slip on icy pavement, a few other examples of a slip and fall accident might be:

  • Stepping on debris on a sidewalk or a walkway
  • Taking a fall on a wet or greasy floor in a restaurant or a bathroom
  • Slipping on any number of unseen items due to poor or no lighting

When your slip and fall is the result of someone else’s carelessness or negligence, you have the right to seek damages for your medical bills, lost wages and pain and suffering, among other things.

An experienced slip and fall lawyer will utilize a full range of legal avenues related to premises liability laws to make sure you receive the best settlement possible.  The key involves making sure the property owner knew the hazard existed, and they had an opportunity to correct the situation.

Premises laws are very clear in that a property owner has a legal responsibility to make sure that they maintain a reasonable standard of care on their property, not only when it comes to physical elements, but to be able to accommodate any activities that might occur onsite as well.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

Proving negligence is the key in a trip and fall lawsuit

Walk enough steps and sooner or later, you will stumble, trip and maybe even take a tumble.  It happens all the time, no matter how much care we take and in many instances through no fault of our own.

In a place like New York City, where walking is often the preferred mode of transportation, the likelihood that a person will have a trip and fall accident increase significantly.  And these types of accidents can happen anywhere, from a sidewalk to a stairway, stepping off a curb, inside a commercial or an apartment building, at any time, day or night.

Sometimes, it is just the result of carelessness on our part.  But at other times, it’s due to poorly maintained sidewalks, a stairway or storefront that’s not lit well after dark, or an uneven bump in a sidewalk that poses a hazard to all pedestrians.  When a property owner does not maintain their premises in an appropriate condition, the victim of a trip and fall accident may have a legal recourse to recover damages that they suffer in a trip and fall accident.

Accidents such as this, fall under the broad umbrella of premises liability law.  When a lawyer takes on this type of a case, they not only must be able to prove that the dangerous condition existed, but that the responsible property owner was aware of the condition and had enough time to take corrective measures.  When an owner does not do this, they can be held liable for negligence, which is the cornerstone for most all premises liability cases.

Because so many trip and fall accidents also take place in the public right-of-way, many times a plaintiff will seek compensation against the city.  It’s a fairly common occurrence, given all that New York City officials are responsible for.  The key in a situation like this is to remember that there is a very short statute of limitations for filing a claim against the city.  In New York City, a claim must be filed within 90 days after the accident takes place.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.

Nursing home neglect can take many forms

Placing a loved one in a nursing home is already tough decision, but if you discover that they have been the victim of abuse or neglect, it can turn things into an even more emotionally charged situation.

Stories abound about elderly nursing home patients being abused, robbed, neglected or otherwise mistreated, despite family members doing extensive research and investing thousands of dollars to ensure something like that does not happen.  In fact, it’s estimated that more than 2 million seniors are victims of nursing home abuse each year.

Abuse can take many forms.  Some of them include:

  • Bruises, cuts and other unexplained injuries
  • Clothing that has blood on it or that is torn
  • Bed sores or ulcerating skins lesions
  • Complaints from the patient of humiliation or intimidation by yelling or by threats
  • Mocking a patient
  • Ignoring or isolating a patient
  • Improperly administering medications
  • Unsanitary living conditions including a lack of bathing or dirty clothes
  • Malnutrition or dehydration
  • Financial abuse, including stealing money from a patient’s account, identity theft, or forged signatures

When you suspect that an elderly relative has been mistreated, you should contact local authorities and report the situation, followed by a call to an experienced nursing home negligence lawyer.

Pursuing a claim against a nursing home operator can provide compensation for abuse, as well as serving notice to the operator that they and their employee’s actions are being monitored.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.