Winter Snow Storm Arrives in New York

Ice and snow storms create hazardous driving conditions. Drivers need to be prepared so that they can avoid an #accident should the roads become icy this winter. Keep the following car accident lawyer winter travel tips in mind so you are ready for whatever weather occurs this winter.

Keep the tank full

Car Accident Lawyer Provides Tips for Winter Travel. It is best to keep the tank at least half full throughout the winter months. Often when an ice storm occurs the roadways become full of cars. If people are trying to get home from work, everyone may depart simultaneously in an attempt to get home before the conditions worsen. This means more cars on the road than typical. If an accident occurs the travel may be slow or periodically stopped. Therefore it is best to have a full or at least half full tank of gas.

Water and Food

Consider keeping a bottle of water and some non-perishable food in your car. This way if you become stuck due to icy roads you will have something to eat and drink. Granola bars are generally a good choice to store in your vehicle. If you require medication it is recommended you have extra in your car during the winter months.

Drive Slowly and Brake Slowly

Slamming on your brakes on icy roads will cause you to lose control of the vehicle. Therefore if you need to stop you should apply the brakes slowly. In order to reduce the likelihood that you will have to brake suddenly you should maintain a slow speed and leave plenty of space between your car and the car ahead of you. Following these tips will help you avoid being in a car accident.

The above tips will keep help you be prepared for winter driving conditions. Contact us at 1-877-529-4343 for additional information about safe driving.

Location:Brooklyn, New York, United States

SUMMER TRAVELING TIPS

Summer is the perfect time to travel with family and friends to explore the next state or just the next town. When you head out for a summer road trip however, you should keep a few things in mind to keep your trip safe as well as memorable.

Prevention and Planning

Before you start making your list of clothing, cameras, and cooler supplies, make sure that your car is ready to hit the open road. Whether you are planning a weekend getaway or a two-week tour of the coast, your car will serve as your transportation and your home away from home while you are exploring highways and back roads. Make sure your car has a clean bill of health:

·     Check your maintenance records. Are you due for an oil change? Have you checked the battery When was the last time you had the tires rotated?

·       Stock up on emergency supplies. Planning ahead can turn an emergency into just an inconvenience. Stock your car with items like a cell phone charger, flashlight, blanket, first aid kit, jumper cables, water and non-perishable food.

·     Check for recalls. It’s an easy online lookup to see if your car is subject to any recalls that need attention before your trip.

En Route

Summer road trips are often filled with car games, sing-a-longs, and a lot of fun together with your traveling companions. However, as a driver, some of that fun can get distracting. When you’re on the road remember:

·       Designate a navigator. With plenty of help in the car, assign tasks to your passengers. Someone can be in charge of coordinating texts with people you are going to meet. Someone else can be in charge of running the vehicle navigation system or your phone navigation system. You can keep your eyes on the road.

·    Share the road. Remember that a lot of motorcyclists, bicyclists, RVers, truck drivers, and other people will be out on the road with you this summer. Leave more distance between your car and other vehicles to give yourself plenty of reaction time. And always look twice! It really can save a life.

·       Leave the party out of the car. If you are going to drink alcohol on your summer vacation, make sure as the driver, you only partake in the festivities after the driving day is done. Don’t drink and drive. 

Whether or not you are traveling with kids, there will likely be plenty of children to encounter along the way or at your destination. Be very mindful in parking lots and neighborhood streets of children at play.

Never leave a child unattended in a car. The hot summer sun can cause heatstroke in a matter of minutes, even on a relatively cool 80-degree day.

A little planning can go a long way toward making your summer road trip fun and safe.

This article was submitted by SILER & INGBER, LLP. Our experienced litigation attorneys are dedicated to representing clients who have suffered severe injuries in auto accidents, because of medical malpractice, and due to other negligence by third parties. The attorneys at SILER & INGBER, LLP have achieved numerous multi-million dollar verdicts and settlements for our clients. 

LASER HAIR REMOVAL LAWSUIT NETS AWARD OF $75,000

Our client was a 42 year-old female who decided to undergo laser hair removal treatments.  These procedures can be very dangerous and produce burns on patients if they are not performed by a doctor who has the proper credentials.  The owner of this particular facility did not even know if she was licensed to do business in New York.  There were no written warnings detailing the possibility of laser burns.  Our client received her treatment from a technician, not a doctor as required.  The technician had previously burned someone during one of these procedures.  The technician failed to perform any spot tests on our client and even used the incorrect machine to complete the procedure. 

The technician then proceeded to burn our client in over twenty different spots on both her face and neck.  Our client not only had second degree burns, but also had open blisters and swelling on her face and neck. Afterwards, our client had visible scarring.  Our firm worked diligently on our client’s behalf to obtain a settlement for her injuries due to the negligence of the facility and the technician.  Our attorney Ronald Ingber was able to obtain a settlement for our client for $75,000.

If hurt during a laser hair removal operation, it is important to act quickly to hold the wrongdoers accountable.  For professional help, please reach out to the SILER & INGBER, LLP law firm at 1-877-529-4343.  Our experienced team of legal professionals offer a FREE CONSULTATION.  If we end up taking your case, we work on a contingency fee basis.  That means there is no charge unless you successfully recover for your losses.  Be sure to act quickly to ensure the statute of limitations does not expire on your claim.  

The SILER & INGBER, LLP Team Wishes You an Amazing 2016 and Encourages You to Celebrate Responsibly, Which Means Having a Plan In Place Before The Party Starts

Happy New Year 2016 from the team at SILER & INGBER, LLP. And as 2015 fades into the rear view mirror, here’s a reminder that a prosperous new year should start with a conscientious social host – responsible individuals who make a plan before the celebration starts.

While dram shop laws normally establish the liability of bars or taverns serving alcohol to obviously intoxicated people or those under the legal drinking age, which is 21-years-old, who subsequently cause injury or death to third parties as a result of alcohol-related car accidents.

Bottom line, social hosts are individuals or businesses that host New Year’s parties where alcohol is served. These individuals can face liability here in New York, particularly if alcohol is served to someone under 21-years-old who then causes an injury to another person. Adults can toast and drink responsibly, but never allow a person under 21 to drink at your party. It is not permitted to allow someone under 21-years-old to even have a sip of alcohol. One drop is too much: As a homeowner, you can be on the hook if your child or one of their friends causes a serious accident after they’ve left your party.

Here are some great tips for social hosts to help keep their guests safe and to stay out of legal trouble:

• Let your guests know you will provide transportation home if their ability to drive seems questionable. Renting a van for a drop-off program, or providing access to a ride share service is certainly cheaper than the legal costs of an accident that may arise from an inebriated guest leaving your home (Plus, it’s just the right thing to do). Again, plan in advance and let your guests know that you have taxis, private cars and designated drivers in place before the party starts.

• You can serve alcohol to someone who is 21-years-old and older.

• Hire a professional bartender to ensure that your guests are not over served.

• Close the bar at least one hour before people will be leaving, and make sure that there is plenty of food on hand, and offer non-alcoholic beverages for non-drinking designated drivers.

• If you decide to take someone’s keys because you question their ability to drive, stick to it! Put that spare bedroom to good use – and have a good laugh with your friends as you serve breakfast/brunch on New Year’s day.

• Don’t loan your car to the nanny or babysitter.  As a car owner, you are still probably responsible through the doctrine of vicarious liability if they get into an accident while in your employ.

• Make sure you have uninsured/underinsured coverage on your policy.  New York only requires $25,000 of liability insurance.  If you or your family member is injured, that is extremely insufficient in many cases. Uninsured and underinsured coverage provide additional coverage to you and your family if the person who causes the accident has no insurance or does not have enough insurance, which is far too common.

Here’s a wish to a fun, and safe New Year’s Eve – and a happy 2016!

FALL OUT OF HOSPITAL BED RESULTS IN $175,000 SETTLEMENT

Our client was 63 year-old-woman who felt ill after she arrived for work, her hands trembling.  Her employer rushed her to the Emergency Department of Winthrop Hospital in Mineola, New York, where she sat waiting for a doctor. Due to the delirium brought on by her fever, our client requested she be allowed to lie down.  Hospital staff then placed her in a gurney where she was then attended to by a nurse. On the gurney, the client/patient asked for some Tylenol and soon after fell asleep.

  Leaving the patient’s side to get the medication, the nurse neglected to raise the side rail of the gurney.  When the nurse returned she found the patient on the floor next to the gurney, unconscious.  As a result of the fall, the patient suffered injuries to her back and hip, which ultimately resulted in surgery one year later. We alleged that the hospital was negligent and that it committed malpractice by its failure to raise the side rail of the gurney after leaving the patient unattended. Prior to trial, attorney Steven Levy, Esq. subpoenaed the Hospital’s internal safety regulations related to the proper use of side rails in the Hospital. The Hospital moved to quash the subpoena, however, we successfully opposed the motion.  Rather than reveal the Hospital’s internal safety regulations, the Hospital chose to settle the case at trial.  

Should you or a loved one not receive the care you believe you should be receiving at a hospital, nursing home or other facility, contact SILER & INGBER, LLP at 1-877-529-4343 for a free consultation.

NURSING HOME SLIP & FALL RESULTS IN $125,000 SETTLEMENT

Our client was a 68-year-old woman who was visiting her dying 90-year-old father as he was receiving hospice care in a nursing home.  Observing her father’s discomfort, she tried to help him breathe by adjusting his respirator.  As she moved toward his bedside, her foot became entangled in respirator tubing which had been left dangling on the floor by the nursing staff.  Caught in the tubing, she lost her balance and was thrust to the floor.  She fractured her pelvis. 

The hospital tried to put the blame on our client asserting that she should have seen the dangling tubing.  We brought the case to a mediator who agreed that the nursing home should have secured the tubing to the rail of the bed and not allowed it to be strewn across the bed where it could and did dangle onto the floor.  Attorney William Mahlan convinced the mediator that the nursing home created an unreasonable risk that could easily have been avoided.  The nursing home paid $125,000 to compensate our client for her injury. For a FREE CONSULTATION call 1-877-529-4343 and speak to an attorney immediately.

For more information on nursing home falls click on the following link http://www.cdc.gov/homeandrecreationalsafety/falls/nursing.html

PEDESTRIAN STRUCK IN NASSAU COUNTY RECEIVES $375,000

Our client came to us when he was dissatisfied with his prior attorney.  His prior attorney received a $40,000 offer on the case and wanted the client to settle for that amount. The client came to SILER & INGBER, LLP, in search of a second opinion.  After rendering our opinion, the client, a 28 year-old male, discharged his prior attorney and retained our office. The facts of the case involve our client crossing the street in front of his home in Nassau County when he was struck by Defendant’s vehicle.

As a result, our client suffered a concussion and right ankle fracture requiring surgery.  Defendant's argued that our client failed to cross in a crosswalk, jumped out into oncoming traffic from between cars and failed to look both ways before crossing the street.  On the eve of trial, Ronald Ingber resolved the matter for $375,000. 

Should you or a loved one be

involved in an accident, call SILER

& INGBER, LLP 1-877-429-4343

for a FREE CONSULTATION.

SEE WHAT A CLIENT HAS TO SAY ABOUT SILER & INGBER, LLP

To Ron & Staff:

Although the words are short and few, this brings the warmest thanks to you.

I wish to thank  you all for a wonderful job you did for me and an excellent result on my case.  It is greatly appreciated.  Your staff was very helpful and professional. 

 I would recommend your firm without hesitation. Thanks again.

Warmest Regards, 

Fran F.

CAR ACCIDENT SETTLES FOR $700,000 DURING TRIAL

During trial, Ronald Ingber obtained a settlement on behalf of a 66 year old man who exacerbated prior hip, back and knee injuries after being struck by Defendant’s motor vehicle while on a movie set.  The accident occurred on Madison Avenue in New York City during the filming of the movie Safe starring Jason Statham and Catherine Chan. 

In his Answer, Defendant asserted an affirmative defense arguing that Plaintiff’s lawsuit was barred by the New York State Workers’ Compensation statute. After Judge Alison Tuitt of the Bronx County, Supreme Court, held oral arguments, the court decided that the burden of proof on Defendant's affirmative defense rests with the Defendant. To prove his Workers' Compensation defense, Defendant was required to establish that (1) both Plaintiff and Defendant were working for the same employer as co-employees at the time of the accident, and (2) the accident occurred while both Plaintiff and Defendant were in the course of their respective employment.  If successful, this affirmative defense would bar Plaintiff's action and the lawsuit would be dismissed. During the two week trial, Ronald Ingber argued on behalf of the Plaintiff that the incident occurred before the production's call time; Defendant was part of the production; and that the accident could not have happened in the course of employment as Defendant was in his motor vehicle in the process of parking on the set and had not yet begun his duties as generator operator.  Following the testimony of all parties, the case settled for $700,000.  

WHAT TO DO AT THE SCENE OF AN AUTO ACCIDENT

STOP immediately, but do not obstruct traffic.

ASSIST any injured and call the police.

SECURE names, phone numbers, addresses of other drivers, witnesses and injured persons.

SECURE make, model and license numbers of all cars involved.

TAKE pictures of scene and damage to all cars involved.

DON’T accept any settlements or cash before speaking to an attorney.

REMAIN calm, courteous and consistent in your version of the accident and do not admit fault.

If you require an experienced Personal Injury Attorney, contact SILER & INGBER, LLP at 1-877-529-4343

CAUTION: ELEVATOR ACCIDENTS

Elevator Accidents can result in serious injuries. If you have been injured due to an elevator defect you should contact at attorney to discuss your legal options.

In New York owners of building have a non-delegable duty to provide a safe and properly working elevator. Owners of buildings cannot avoid liability by simply saying they relied an an elevator repair company to maintain the elevator.

The elevator maintenance and repair company may be liable for an an elevator accident where they negligently performed work, or they took over full control of the elevator maintenance from the owner.

Elevator accidents usually fall into one of 4 categories:

1.Injuries due to improperly working doors. Elevator doors that close on users who are entering or leaving an elevator can cause serious harm, often resulting in damaged nerves, neurological injuries, or broken bones. Most elevators today are fitted with sensors which are supposed to prevent elevator doors from crushing elevators users.

2.  Injuries due to mis-level elevators. When an elevator comes to a stop and the door opens there in an expectation that the floor of the elevator will be level with the hallway floor. When an elevator is not level with the outside floor, a trip and fall usually occurs. Falling in or out of a mis-level elevator often result in broken bones or a head injury.

3.  Injury due to an elevator falling or dropping. An elevator that unexpectedly drops can result in serious injuries. It is not uncommon for people to suffer joint or spine injuries (knees, back, neck, etc) from the sudden acceleration and deceleration of a dropping or falling elevator.

4.  Injuries resulting from being stuck in elevators. Often when someone is stuck in an elevator for a long period of time injuries result as a result of the length of time they are in the elevator, or as a result of trying to escape.

Because of the risk of injuries or death as a result of a mechanical failure of an elevator, elevators are highly regulated and require regular inspections. The failure of the elevator may subject the owner of the building and the elevator repair company to liability for the injuries suffered. If you have been injured due to an elevator problem you should contact an attorney to discuss your rights. 

Call SILER & INGBER, LLP at 1-877-LAW-4343 for your FREE CONSULTATION.

SOCIAL MEDIA POSTER BEWARE

By now everyone should know about the dangers of posting questionable material on social media sites such as Facebook, Linkedin and Twitter. Your web postings may follow you and be seen by bosses, teachers, future employers, etc.  

When you bring a claim for personal injuries you are waiving your right to privacy when it comes to medical records. In the past, courts have even allowed defendants in these cases to obtain wedding videos or albums to see if the claimant was partaking in activities he or she claimed he or she could not do due to the personal injuries. Recently, Supreme Court, Suffolk County Judge Jeffrey Arlen Spinner has ruled that the defendants are entitled to view a claimant’s Facebook page, finding the claimant has waived any right to privacy. In this case, the plaintiff, Kathleen Romano, fell off an allegedly defective chair in 2003. She claimed serious personal injuries requiring multiple surgeries, that largely confined her to her home. Ms. Romano had set her Facebook and MySpace privacy settings so that only her friends could view her postings. The defendant wanted to view her Facebook page hoping that it would belie her claims and show an active lifestyle inconsistent with her claims. The court directed that Ms Romano turn over an authorization directing Facebook and MySpace to provide the defendant with access to any records, including those previously deleted or archived by said operators. The court stated that “Plaintiffs who place their physical condition in controversy, may not shield from disclosure material which is necessary to the defense of the action . . . .  Thus, when Plaintiff created her Facebook and MySpace accounts, she consented to the fact that her personal information would be shared with others, notwithstanding her privacy settings. Indeed that is the very nature and purpose of these social sites or they would cease to exist.”  In this case, the plaintiff claimed that she sustained permanent injuries and was largely confined to house and home, yet her Facebook page showed an active lifestyle and that she traveled to Florida and Pennsylvania during the time period she claims that her injuries prohibited such activity. Just another reminder that their is no such thing as privacy on the internet. Poster beware.

SILER & INGBER, LLP is a New York law firm that concentrates in personal injury actions such as construction accidents, motor vehicle accidents, bicycle accidents, work place injuries, slip and falls, snow and ice cases, medical malpractice, traumatic brain injuries and truck accidents. Learn more go to www.nylawnet.com or contact us at 1-877-LAW-4343 or 1-877-529-4343 for a FREE CONSULTATION.  New York City, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County. 

JED KIRSCH SETTLES TRIP & FALL WITH NEW YORK CITY TRANSIT AUTHORITY

Jed Kirsch recently obtained a settlement on behalf of a 65 year old woman who sustained a fractured left wrist after she tripped on the broken top step of a Manhattan subway station on her way home.  We were able to obtain photographs showing the defective and dangerous condition that existed at the time of her fall, as well as photographs taken after the New York City Transit Authority repaired  the step.   Deposition testimony taken of the Transit Authority witness confirmed that the missing portion of the step constituted a defective, unsafe condition.

Our client underwent surgery to repair the fracture which included insertion of a plate and screws. Although she has made a good recovery, we were able to obtain an excellent settlement of $200,000, achieved through intensive, direct negotiations with the New York City Transit Authority, with the assistance of the Court.

SLIP & FALL SETTLES FOR $650,000 IN NASSAU COUNTY

Plaintiff, an elderly caucasian male, was a guest at Pines Motor Lodge Motel in Nassau County where he slipped and fell on ice in the parking lot and subsequently fell backwards, hit his head and back.  At his deposition, Plaintiff testified that the parking lot, sidewalks and adjacent area were all covered with snow and/or dirty white ice.  However, Plaintiff could not recall specifics of the event.

The next day, Plaintiff, on his own, admitted himself to the Winthrop Hospital emergency room. Defendant moved for summary judgment, however, we were successful in defeating Defendant’s motion.  In his decision, Nassau County Supreme Court Justice Galasso opined that the building owner has a non-delegable duty and the issue as to whether or not Plaintiff fell in the Pines Motor Lodge Motel parking lot or somewhere else, is an issue to be decided for the jury.  As a result of the accident, Plaintiff suffered an acute subdural hematoma which was accessed by a craniotomy and then evacuated.

Plaintiff’s physician opined that Plaintiff’s injuries are consistent with a trauma to the head and suffers from post-traumatic memory loss and diminished capacity with regard to his memory.  At trial, Ronald Ingber settled the case for $650,000.

 

If you or someone you know is injured in an accident involving a slip and fall incident you should contact a New York Personal Injury Lawyer. SILER & INGBER, LLP is a NY personal injury law firm that handles cases involving bicycle accidents. For a free consultation call 1-877-529-4343.

$175,000 SETTLEMENT FOR MOTHER AND DAUGHTER

Jed Kirsch recently obtained a settlement during trial on behalf of a mother and daughter, who were driver and passenger, respectively, of a car that was struck in the rear by another car while they were stopped.  Liability for the happening of the accident was never in doubt and had been conceded. 

Our clients sustained serious injuries including a labral tear and rotator cuff tear of the shoulder, requiring two surgeries, injuries to the cervical and lumbar spines requiring orthopedic treatment with physical therapy, medication, radio frequency ablation  and epidural steroidal injections.  Although our clients made  good recoveries, we were able to obtain an excellent settlement of $175,000 for both clients, based upon our preparation for trial and our persistence in moving the case along and keeping pressure on the defendant.

ELDERLY WOMAN FALLS AND RECEIVES $225,000

Jed Kirsch recently obtained a settlement on behalf of an elderly  woman who was dropped in her apartment by a home health aide employed by Gurwin Home Care Agency, Inc., while she was being moved in a Hoyer lift, a device used to move incapacitated patients between a bed and chair or other resting place. The home health aide had never been properly trained in the use of the lift.  The fall from the lift caused our client to sustain serious orthopedic injuries, including a comminuted impacted fracture of the right distal femur and a mildly comminuted intra-articular fracture of the right lateral tibial plateau. Although serious, these injuries were treated successfully without surgery.  The period of treatment was relatively brief and our client only required some physical therapy after being treated in the hospital.

The defendant engaged in conduct and tactics intended to prevent the case from moving forward and our office vigorously fought these efforts, opposing motion after motion and efforts to delay, enlisting the help of the Court to force Gurwin to provide the necessary discovery and to come to the table and engage in serious settlement discussions.

Although our client has made a good recovery, we were able to obtain an excellent settlement of $225,000, based upon our preparation for trial and our persistence in moving the case along and keeping pressure on the home health care agency.

RIDING SAFE WITH CITI BIKE IN NEW YORK CITY

More Bicyclists than ever are travelling on New York City Roads for multiple reasons, including that: The City of New York has built more bike lanes; more people are biking for exercise; and the Citibike program making 6,000 bicycles over 300 stations across Manhattan and Brooklyn available to New Yorkers resulting in about 62,000 miles being driven per day.

With all the additional bicyclists on the roads there will be more accidents involving bike riders. These accidents will come as a result of interactions with pedestrians, cars, taxis, trucks, potholes, and other sources. To make matters worse, Citibike rentals do not come with helmets, so more serious head injuries can be expected. The same rules apply if you are injured in an event involving a bicycle as if you are injured due to an event with a motor vehicle. The police should be immediately notified and called to the scene so a report can be filled out. Such is especially important if the bicyclist is at fault as a bicycle will not have a license plate to help you later track down the owner or operator.

If you or someone you know is injured in an accident involving a bicycle accident you should contact a New York Personal Injury Lawyer. SILER & INGBER, LLP is a NY personal injury law firm that handles cases involving bicycle accidents. For a free consultation call 1-877-529-4343.

SLIP AND FALLS ON ICE

Most people know that after a snowfall, sidewalks, parking lots and driveways must be shoveled. The failure to timely remove a dangerous condition such as snow or ice from a walkway may result in liability. What many people do not realize is that it is dangerous to make mounds of snow on or next to such surfaces due to the risks of the snow melting and re-freezing as ice.

In New York, as in most places, once a person in possession of property undertakes to remove snow and ice, he or she must do so with reasonable care, for he or she will be liable if the property was made more hazardous by his or her actions.

 

Over sixty years ago the New York Court of Appeals affirmed a judgment in favor of a pedestrian who slipped and fell on ice that had formed from a snow pile that melted and re-froze. Zahn v City of New York, 299 N.Y. 581 (1949). In that case, a pedestrian was walking on the sidewalk in February, early in the evening. There was evidence that the visibility at the time was poor, and that snow had been piled on a portion of the sidewalk from prior snowfalls. Further, the snow had thawed, and re-froze, forming black ice on which plaintiff fell. More recently, the New York Court of Appeals reiterated the above stated rule, holding that it was foreseeable that black ice would form as soon as the temperature shifted. San Marco v Village/Town of Mount Kisco, 16 N.Y.3d 111, 919 N.Y.S.2d 459 (2010). In San Marco, the Municipality piled snow in a parking lot and salted the parking lot. It was undisputed that in the interim between the Village’s last inspection and salting of the lot early on Friday morning and plaintiff’s fall on Saturday morning, the air temperature had risen above freezing for approximately 19 hours and then dropped. The court held that “[a] pile of plowed snow in a parking lot is a cost-saving, pragmatic solution to the problem of an accumulation of snow that presents the foreseeable, indeed known, risk of melting and refreezing." Thus, a pedestrian who slips and falls on ice can recover for injuries where the ice on which the injured pedestrian slipped and fell on was formed when piles of snow created during a prior snowstorm melted and refroze, or where it could reasonably be inferred that the ice on which pedestrian slipped was the residue of snow removal efforts.

 

If you or someone you know has slipped and fallen on ice and has suffered injuries, you should contact an experiences personal injury attorney. The question of who shoveled the snow into piles, and whether the activity had created a more hazardous condition than would have obtained had the snow been left untouched, are often factual issues to be resolved by a jury. Evidence as to who undertook snow removal efforts and what was done can be determined by various means prior to a trial. A lawyer experienced in handling snow and ice case will be able to undertake a proper investigation to protect your rights. Such an investigation may include obtaining weather reports to determine the last snowfall and temperature fluctuations, interviewing witnesses, taking pictures, and hiring experts.

 

For a free consultation contact SILER & INGBER, LLP at 1-877-529-4343

WHO IS RESPONSIBLE FOR NEW YORK CITY SIDEWALK DEFECTS?

So you tripped and fell over a raised, uneven, broken or defective sidewalk in the City of New York.  Who is responsible for fixing the sidewalk?  Who is liable for injuries suffered?  Who do I sue?

 

Well, in New York City the owner of the property adjoining the sidewalk is responsible for fixing the sidewalk.  Whether the abutting property is a vacant lot, single family home, an apartment building, or a commercial skyscraper, it does not matter.  In every instance, the adjoining owner is responsible for fixing sidewalk defects at their own expense, whether or not the City has issued a violation for the defect.  Such is true whether the defect is a raise, crack, hole, snow, or ice.

 

When  a violation is issued and the owner fails to repair the condition in the allotted time, then the City of New York may make the repairs and bill and/or fine the owner.  When the City of New York is the owner of the adjoining property they are responsible for the repairs.  Further, there are certain sidewalks that the City of New York has agreed to maintain over the years through written agreements, as a matter of public policy, even though they do not own the property.  An example would be the sidewalk in front of the main branch of the Public Library in Manhattan.

 

But who do you sue if you are injured due to a broken sidewalk condition? 

 

Under a law passed in 2003 and applicable to all accidents since that date, the owner of the adjoining property is liable for any injury for the failure to maintain the sidewalk in a reasonably safe condition.  However, when the adjoining property consists of one, two or three family residential real property that is in whole or part owner occupied and used exclusively for residential purposes, then the City of New York is the entity that is be liable for the compensating injured parties.  The controlling law is New York City Administrative Code Section 7-210.

  

Of course, just because you fell and are injured does not mean that a recovery is automatic.  There are many other obstacles to overcome and rules to consider.  For example, there are statutes of limitations and notice of claim requirements that have to be met.  There will be questions of whether the responsible party had notice of the condition or created the condition.  Was the condition trivial,  open and obvious, easily avoided, caused by or owned by a third party such as a contractor, caused by a storm in progress, not part of the sidewalk at all, but actually the curb or a tree well?  All such questions must be considered before a determination is made as to whether there is an actionable lawsuit.

 

If you tripped or slipped and were injured you can call us for a free consultation.

 

SILER & INGBER, LLP is a New York law firm that concentrates in personal injury actions such as construction accidents, motor vehicle accidents, bicycle accidents, premises liability, trip and falls, slip and falls, snow and ice cases, workplace injuries. Contact us at 1-877-529-4343.

 

IPL Laser Treatment Injuries

The popularity of laser hair removal has increased in recent years, but so has the risk of injury. According to the American Society for Aesthetic Plastic Surgery, there were over 1.3 million laser hair removal procedures performed in the United States during 2005, as compared to only 110,000 such procedures in 1998. The number of procedures continues to increase, as do the number of injuries and lawsuits.

Incidents frequently occur due to unlicensed or unqualified personnel, who operate potentially dangerous medical equipment, including lasers and IPL (intense pulsed light) machines. Technicians are supposed to be supervised by licensed physicians during the procedures in order to insure safety. Unfortunately, many of these spas are unsupervised by a licensed physician.

Laser hair removal is accomplished by using a laser or IPL (intense pulsed light) to heat the hair follicles underneath the surface of the skin in order to temporarily prevent re-growth. By applying a certain wavelength of light, tissue surrounding the hair follicle is targeted and heated very quickly, allowing hair follicles to be destroyed. IPL machines can easily cause second degree or third degree burns as well as other types of thermal injury to the skin.

A laser hair removal is a risky procedure. Laser and IPL treatments can and do cause serious burns, skin discoloration and even permanent scarring. Making matters worse, the procedures produce only temporary results. The FDA has recognized that laser hair removal is merely a temporary solution to unwanted hair growth, not permanent. The danger of laser hair removal is often compounded by the incompetence of unqualified personnel who are often hired to perform the procedure; they are usually non-physicians, such as estheticians.

According to the American Society for Dermatologic Surgery, a licensed physician should directly supervise any procedure involving lasers or IPL treatments. According to the ASDS, “[t]he supervising physician shall be physically present on site, immediately available, and able to respond promptly to any question or problem that may occur while the procedure is being performed.” Furthermore, “any non-physician personnel employed and designated to perform a procedure by a physician must be under the direct supervision of the physician.”

Many medi-spas in New York are operated by estheticians whose responsibilities are legally limited to providing only cosmetic preparations. Estheticians are limited to performing only those procedures dealing with the “stratum corneum,” or the epidermis of the skin, and not the living tissue that lies beneath. In fact, New York law prohibits estheticians from operating medical devices, such as lasers or IPL machines unless properly licensed.  Further, the New York State Board of Medicine passed a resolution recommending that the use of lasers and IPL for hair removal be considered the practice of medicine and thus be performed by a physician or under direct physician supervision.

Recognizing the growth of medi-spas and the growing danger to consumers, SILER & INGBER, LLP has represented numerous victims of laser burns with successful results for their pain and suffering.

If you have been injured as the result of an IPL or laser procedure, it is important to investigate and document your claim as soon as possible. Do not continue to accept additional treatments or burn therapy from the medi-spa. It is important that you seek treatment elsewhere and contact a dermatologist who is qualified to treat your burn injuries. Take photographs, and follow-up photographs, and keep the records related to your procedure. As soon as you are able, write a personal statement detailing your experience before, during and after the treatment. Your statement may serve as important evidence, admissible in court because it is a “recorded recollection.” Once you have gathered the information, contact a knowledgeable and experienced attorney at SILER & INGBER, LLP 1-877-529-4343 to discuss your case.