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gavelSometimes, you may have a wealth of proof to support your claims in your injury case. At other times, however, your case may be more challenging. If you don’t have a dozen eyewitnesses who can all back up your description of the events that led to your injury, don’t make the mistake of believing that this absence means you cannot succeed in your case. Always consult with an experienced New York construction injury attorney about your case. Some injured plaintiffs are able to achieve a winning outcome even without extensive witness testimony, as one injured construction worker’s case recently demonstrated.

When you decide to pursue a construction accident lawsuit, there may be various types of successful outcomes, with some being more beneficial than others. One of the most beneficial outcomes you can achieve is to hold a contractor or a site owner liable using something called a motion for summary judgment. If the judge grants you a summary judgment, that means that the parties you sued are considered liable “as a matter of law,” which in turn means that you do not have to go through a full trial on liability, and you can simply proceed to proving the amount of damages you should receive.

Pedro was a construction worker working in Manhattan. One day, while moving sheetrock, Pedro fell and suffered serious injuries. At the time of the accident, Pedro had stood on top of a sidewalk shed, and that shed collapsed beneath him, causing him to fall to the sidewalk below.

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trampolineRecent reports by organizations such as the American Association of Pediatrics have warned about the dangers of home trampolines. The association’s report indicated that roughly 75% of trampoline injuries occur when multiple people attempt to use the trampoline at the same time. If you are injured on a trampoline located on someone else’s property, you may have a case for compensation under a claim of premises liability. The defense may argue that you assumed the risk by using the device, but that argument may not necessarily prevent recovery, as one New York City woman’s successful lawsuit recently demonstrated. As with all potential premises liability-related injuries, it is important to contact an experienced New York premises liability attorney right away to get started working on your case.

The trampoline owners were Jeffrey and Debra, who lived in Saratoga County with their nine-year-old son. One day, the boy and his Aunt Judi (Jeffrey’s sister) were playing on the trampoline. Judi had never been on a trampoline before. It did not end well, and the 48-year-old woman suffered multiple fractures in her left foot. The injury caused her to undergo multiple surgeries to insert an implant and fuse together some of her joints.

The woman sued her brother and sister-in-law for her injuries in a premises liability action. She contended that the parents were negligent in supervising the boy, whose actions of “double-bouncing,” or jumping out of unison with his aunt, caused her foot injuries. The parents, in their defense, argued that the woman had “assumed the risk” of potential injury when she chose to get on the trampoline.

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security cameraWhen you’re injured in a pedestrian accident, there are certain hurdles you expect to have to clear. You have to amass your evidence, and you have to be prepared to debunk your opponent’s defenses. What you may not necessarily be prepared to handle is a situation in which important proof in your case is lost due to the actions or inaction of your opponent. This is one of the many ways that a knowledgeable New York pedestrian accident attorney can help – by having the experience you need to be equipped for the unexpected.

Chava was a plaintiff who encountered such a problem. Her case arose after an event outside an auto body shop in Brooklyn. Chava was walking along the sidewalk when a vehicle allegedly ran into her. She sued the owner of the vehicle and the auto body shop (whose employee was driving the vehicle when the incident happened) for the injuries she alleged she suffered. Chava’s case argued that, as a sidewalk pedestrian, she had the right of way, that the driver violated the law by failing to yield the right of way, and that, since she had the right of way, she was completely free of blame.

The defense’s argument was that the pedestrian was actually 100% to blame for any collision that occurred. The defense, using an affidavit from an officer of the auto body business, claimed that a security video camera captured footage showing the pedestrian standing to the side of the vehicle and then sitting down next to it so that the vehicle’s tire would run over her toes as it backed up.

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snowy drivewayWorking in the field of construction can be a dangerous way to earn a living. While there are some situations in which accidents happen (and injuries result) due to no one’s improper action or inaction, at other times that’s not the case. In certain circumstances, a worker’s injuries may occur because that worker wasn’t provided with a safe workplace. When that happens, the worker may be entitled to recover a money judgment due to the violation of New York laws regarding safety at construction sites. An experienced New York construction accident attorney can provide you with the representation you need if you’ve been hurt on the job at a construction project.

An example of this type of case was the injury lawsuit filed by Richard, an electrician working on a home renovation project in Westchester County. One wintry day, Richard slipped and fell on an icy portion of the driveway that led to the front steps of the home. The electrician sued the homeowners and the general contractor on the project. The homeowners were residing outside New York when the electrician’s accident took place.

There are several statutory sections in New York’s Labor Law that may allow you to win a construction accident lawsuit and recover damages to compensate you for the harm you suffered. In your construction accident case, it is important to assert as many legitimate bases as possible for recovery, in order to give yourself a good chance of success.

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speed bumpWhen you are pursuing a trip-and-fall case, you will inevitably face many challenges along the way. One of the obstacles you may face is an argument from the other side that you were the one who was responsible for your own injuries. There can be many ways to present this argument, including contending that the hazard that injured you was open and obvious and you should have taken action to protect yourself. It is important to be prepared for this and to have the ammunition you need to overcome this assertion. With representation from a knowledgeable New York premises liability attorney, you can present the proof you need to overcome these types of defenses.

One case in which the issue of an “open and obvious” hazard took center stage was the injury action filed by a Rochester pedestrian named Linda. Linda was walking in the central business district of Rochester when she fell and was injured. The pedestrian tripped when she was walking in an alleyway near an office building and fell over a speed bump in the alley. According to the woman, despite the speed bump’s size, it was not easy to spot. It was allegedly next to a marked pedestrian crosswalk and was painted the same as the crosswalk. This paint job made it difficult to notice that the traffic device was actually an elevated bump, rather than just another part of the flat crosswalk, according to the pedestrian’s lawsuit.

Since the speed bump was a sizeable thing, the building owner, who was the defendant in this case, argued that the bump was open and obvious and that, since it was open and obvious, the owner could not be liable for the woman’s failure to see it (and the injuries that resulted).

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tail lightIn New York, there are several ways that a person or an entity can be liable in an auto accident involving two or more vehicles. Even if the driver of one vehicle improperly failed to yield the right of way, that does not necessarily mean that that driver is the only person liable to anyone injured in the accident. New York law imposes obligations on all drivers, even after another driver violates the rules of the road. If you’ve been injured as a passenger in an auto accident, you should consult with knowledgeable New York injury counsel who can help you carefully assess your rights and identify all of the people and entities that may owe you compensation as a result of the accident.

One case that presented just such a scenario took place after an accident in a small town near the Finger Lakes. Debra’s child, designated in court papers only as “JTF” because the child was under 18, was involved in a vehicle accident on Route 90. JTF was riding with Cady, who was driving westbound on Route 90, a two-lane road. At the intersection of Salt Road, Cady attempted a left turn. A truck headed eastbound struck the passenger’s side of Cady’s vehicle, injuring JTF.

Debra sued Cady, the driver of the truck, as well as the farm that owned the truck, on behalf of JTF. In an accident involving multiple vehicles in which you are injured as a passenger in one of the vehicles, it is important to analyze your case carefully and make sure that you have included as defendants everyone who might potentially be liable to you for the harm you suffered. Successfully including all of the people and entities that might be at fault and owe you compensation can help enhance your chances of getting a truly full recovery.

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stepMany people may understand a bit about how premises liability cases (like trip and fall or slip and fall actions) proceed. The injured person accuses the person or entity responsible for the safety, maintenance, repair, and upkeep of a property with some action or inaction that caused the injured person to slip or trip, fall, and suffer harm. However, what happens when the thing that caused you to fall was something that you placed on the property? When that happens, your intervening action means that you cannot win, right? Not necessarily. Depending on the facts of your case, you may still have a clear ability to secure a favorable outcome. A knowledgeable New York premises liability attorney can advise you on how you can recover damages in your case.

Here’s an example of a plaintiff in such a scenario who successfully defeated his landlords’ attempt to get his case thrown out on summary judgment. The tenant, Laszlo, rented an apartment in a building owned by Harry and Donna. According to the tenant, there was a problem with the property:  the step from the landing to the doorway of the apartment building was too high to traverse. To address this problem, the tenant decided to place some bricks or blocks on the landing to create an extra step and make the area more easily accessible.

One day, though, Laszlo stepped on his bricks and one moved, which caused him to fall. Laszlo suffered injuries as a result of his fall, so he sued. In his slip and fall lawsuit, Laszlo asserted a claim of premises liability. In any lawsuit asserting a premises liability claim, the injured person must demonstrate that there was an area that was hazardous, that the hazard was what caused the injuries, and that the property owner (or other person or entity that was legally responsible for the property’s maintenance, upkeep, and safety) either knew about the hazard or reasonably should have known about it.

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crashed carWhen you are injured in an auto accident, there are often several trial strategies that you may to utilize to strengthen your case. You’ll want to make sure that your helpful evidence gets admitted while also exercising the options available to you to keep out potentially harmful evidence. These situations are often ones in which your case can benefit from the skill of an experienced New York car accident attorney.

One case in which this strategy was successfully on display was the injury lawsuit pursued by Mindi, a driver on Long Island. On the morning of Sept. 11, 2001, most of the world’s attention was focused upon Lower Manhattan. Coincidentally, just to the east of Manhattan, Mindi was involved in a multi-car chain-reaction accident that same morning while traveling eastbound along the Long Island Expressway. The accident was a four-vehicle collision, with Mindi in the second car of the four. The rear vehicle slammed into the third vehicle, with that impact forcing the third vehicle into the rear of Mindi’s 2000 Ford Taurus. Mindi then crashed into the rear of a tow truck and suffered injuries to both knees as a result of the accident.

Mindi sued Steven, the driver of the last vehicle in the chain reaction, and the corporation that owned the vehicle Steven was driving. By the summer of 2004, Mindi obtained a summary judgment on the issue of liability, meaning that the trial court concluded that there were no relevant issues of fact in dispute, and Steven and the corporation indisputably were negligent.

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wheelNew York law says that you, as a construction worker, are entitled to certain safety protections on the job. If you aren’t provided that level of safety, and you get hurt at work, you may be entitled to seek compensation from the contractor and the project owner. If have been hurt at work because you were provided with equipment or a device that didn’t function properly, you should contact a New York construction accident attorney promptly because you may have a case under New York’s Labor Law.

An example of this type of case was an injury suffered by a man named Michael, who had a job as a laborer working on a Manhattan construction site owned by a university hospital. While working at this job, the laborer suffered a significant injury to his foot. Part of the man’s job involved removing construction debris from the worksite. The laborers accomplished this task by placing the debris in a wheeled “mini container” and then rolling those containers to a hoist, which lowered the containers to street level, where another company’s employees would empty the containers and return them to the laborers.

The injury took place when a container loaded with 500-800 pounds of debris rolled over the man’s foot. In his testimony, Michael stated that, shortly before the accident took place, he noticed that the container wasn’t moving as it should. It wasn’t rolling freely but would start and stop. In an attempt to move the stuck container, Michael pulled hard on it, and that sent the container’s wheel over his foot.

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loading rampThere are multiple different ways that you can succeed in a premises liability case. You can show that your slip and fall or trip and fall was a result of improper maintenance, such as an unstable step on a stairway or a pothole in a parking lot. You can also win a premises liability case if you can show that the thing that caused your injuries was unsafe in terms of its design. Whatever the basis of your premises liability case, a knowledgeable New York City premises liability attorney can provide you with essential benefits along every step of the litigation process in your injury case.

The injured person in a recent premises liability case was a delivery person who worked for a company that provided linens for hospitals. The delivery worker, Semen G., alleged that he was pushing a four-wheeled cart full of floor mats up a ramp in the loading dock area of a hospital in Manhattan when he was injured.

The delivery person sued for his injuries. The central thrust of his premises liability case was that the ramp was unreasonably dangerous. It was, according to the man’s complaint, “improperly sloped—i.e., it was too steep, high, and long.” This alleged improper design meant that, for workers doing the kind of work that Semen G. did, the ramp exposed them to “forces greater and longer in duration than what are customary for ramps used for deliveries.”

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