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Author Archives: Mark Goldsmith

New York Continues Battle Against Distracted Driving

In recent months, the state of New York moved ahead in the battle against distracted driving through innovative campaigns that address the problem in different ways. Beginning July 4, state police began using Concealed Identity Traffic Enforcement (CITE). Troopers make use of a fleet of modified sports utility vehicles (SUVs) to move through traffic directly… Read More »

Food Safety: Buyer Beware

Every so often you hear of a friend or family member who becomes ill after a restaurant visit or eating a meal prepared at home. Fortunately most of the time the discomfort passes quickly, but sometimes the illness results in death. The illness can be caused by deficiencies in the production, processing or preparation of… Read More »

Understanding New York Scaffold Law

Working construction is a risky business. A lot can go wrong while workers are scaling tall buildings, hoisting heavy materials and preparing tools for use at high elevations. That is why the New York Scaffold Law imposes 100 percent liability on general contractors or subcontractors who allow workers to perform these dangerous tasks without the… Read More »

Fatal Head-On Collisions: How are Families Compensated?

It was 8:50 pm. Newman Ayeh-Brachie was driving his Nissan north on the Hudson span of the Tappan Zee bridge. His wife Hannah was seated beside him. Everything seemed normal — until a white SUV came barreling south in the northbound lane of traffic. It was going the wrong way. Before Mr. Ayeh-Brachie could react,… Read More »

School Liability for Bullying

A sophomore college student at Brandeis University launched a lawsuit against an alleged bully and the prestigious Manhattan school he attended for an incident of bullying that took place eight years earlier. Eric Giray, 19, claims he was attacked by Daniel Dworakowski in 2004 after enduring several months of verbal harassment. The incident, in which… Read More »

Can You Get Compensation After Falling off a Ladder on a Construction Site?

Statistics provided by the Occupational Safety & Health Administration (OSHA) show that falls from ladders and stairways during construction lead to approximately 25,000 injuries and 36 deaths per year nationwide. About half of the injuries are serious enough to warrant days off from work, clearly reminding us what we likely already know: ladders can be… Read More »

Premises Liability for Third Party Crime

Anna Burgese, a resident of New Jersey, was attacked by a prostitute in the lobby of a Florida hotel she was staying in, after she was mistakenly thought to be a business rival. The assailant grabbed Ms. Burgese from behind and threw her headfirst into a stone wall. She is suing the company that owns… Read More »

Workers Comp for Gradual Injuries

The goal of workers’ compensation in New York is not to assign fault, but to provide medical care and compensation to workers who have been injured in the course of their employment. Many workplace injuries occur suddenly, as a result of a specific incident. However, workers who suffer work-related injuries that happen gradually over time… Read More »

NY Medical Malpractice: An Unfortunate Reality

Preventable medical errors are events that can forever impact a patient’s life, and can result in death. Despite countless studies and a growing awareness of the problem, research indicates that harm from medical errors remains widespread. The Center for Justice and Democracy has compiled the latest findings and statistics regarding medical malpractice and patient safety…. Read More »