Author Archives: Mark Goldsmith
New York’s Scaffold Law Under Fire
The seminal law protecting construction workers in the state of New York is under fire from a construction industry group calling for “scaffold law reform.” The group behind scaffoldlaw.org claims that New York’s Labor Law § 240(1) costs taxpayers more than $785 million a year, drives up construction costs and discourages companies from hiring workers…. Read More »
The “Open and Obvious” Defense to Premises Liability in New York
Should a party be able to recover compensation for injuries suffered due to a hazard that was readily apparent? This question often arises on Long Island during the winter months, when individuals visiting places of business or private residences slip on a patch of ice. But it can also come up when accidents happen on… Read More »
Slip and Fall Claims and the Reasonable Landlord
If you suffered a slip and fall or trip and fall due to an unsafe condition on someone’s property, you may feel you’re entitled to compensation for your medical bills and your pain and suffering. However, you must show more than the existence of an unsafe condition that caused your injury; you must prove that… Read More »
Runaway Taxi Death Raises Pedestrian Safety Concerns in NYC
A tragic accident has once again drawn attention to pedestrian safety in New York City. The New York Post reports that on December 30, 2015, a 67-year-old cab driver got out of his taxi to assist his passenger to the curb when the vehicle rolled away. The accelerating cab hit 22-year-old Suhuyn Park at the… Read More »
Suing for Injuries Due to Falling Merchandise
New York premises liability law recognizes the duty of merchants to exercise reasonable care to keep their premises reasonably safe for customers. We are all accustomed to seeing bright yellow safety cones placed over spills in aisles as an immediate warning, and hearing the cry over the P.A. system for a “clean-up on aisle five!”… Read More »
When Are Employers Liable in Car Accidents?
If a car accident happens while a driver is using a company vehicle, or driving his or her own vehicle in the scope of employment, that driver’s employer could be considered fully or partially liable for any injuries or property damage that occur. This sort of “vicarious liability” is most common in cases involving a… Read More »
Air Traffic Controller Directed Pilot in Fatal Crash to Nonexistent Runway
An official preliminary report was released on Monday, August 24 containing details about a plane crash on Long Island. According to the report, a pilot reported he was having mechanical problems with his plane and was directed by an air traffic controller to bring his plane down at a landing strip that had long since… Read More »
Drunk Driver Causes Deadly Accident on Long Island
A drunk driver reportedly struck a vehicle carrying a family of four from St. Albans, killing the 37-year-old father, eight-year-old son and four-year-old daughter. The accident occurred at approximately 1:30 a.m. on Sunday, August 23 in Bay Shore on the Southern State Parkway. According to police, the mother, who was sitting in the front passenger… Read More »
Driver Admits to Being High When He Caused Chain Reaction Accident
A man from Long Island admitted to local reporters that he was under the influence of PCP when he caused a major car accident on the evening of August 11. The man was driving in Shirley on the William Floyd Parkway at the Montauk Highway and caused a significant chain reaction accident that led to… Read More »
Medical Malpractice Claim for 14-Year-Old Boy Comes to a Close
The family of a 14-year-old New York boy who died in 2010 after several years of suffering has received a $45.6 million verdict in a medical malpractice lawsuit. According to court documents, surgeons mistakenly inserted four screws into the boy’s spinal cord during a 2002 procedure, causing his paralysis. When a health care professional makes… Read More »