Author Archives: Mark Goldsmith
Fatal Islandia Motorcycle Crash Involves Car Driver Making a Left Turn
When a Central Islip motorcycle rider was killed in a crash at a Suffolk County intersection, it marked yet another instance of a biker being struck by a motorist making a left turn. More motorcycle accidents are linked to left turns than to any other cause. Whether an intersection has a traffic light, a stop… Read More »
Long Island Construction Worker Dies of Apparent Carbon Monoxide Poisoning
When most people think about deadly construction accidents, what usually come to mind are falls, fires and incidents involving heavy equipment. Unfortunately, there are silent and invisible hazards on construction sites as well. The recent death of a Long Island construction worker proves this sad fact. While Victor Irizarry was working to repair a drainage… Read More »
Monitoring Systems Aim to Stop Drunk, Distracted and Fatigued Driving
Numerous technological advances have increased automobile safety over the past decades. Seat belts and air bags are now standard on the cars we buy. Newer innovations such as rear-view cameras and blind-spot detection are increasingly common. Now, comprehensive Driver Monitoring Systems (DMS) have the ability to stop some of the dangerous behaviors that lead to… Read More »
Michigan Tragedy Raises Serious Issues of School Negligence
The deadly school shooting in Oxford, Michigan has resulted in criminal charges for student Ethan Crumbley and his parents. However, legal responsibility might extend to the school district as well. School personnel had apparently identified Crumbley as someone with behavioral problems and, on the day of the shooting, returned him to class despite the warning… Read More »
Grieving Families Act Would Modernize New York Wrongful Death Law
When a loved one dies due to someone else’s negligence or willful misconduct, bereaved family members suffer an irreplaceable loss. One aspect of this loss is economic. The deceased victim will no longer be able to earn income to support the family. Since 1847, New York law has given surviving loved ones the right to… Read More »
How Does New York’s “Storm in Progress” Doctrine Affect Snow and Ice Injury Claims?
Throughout the Northeast, winter weather means that sidewalks, parking lots and even indoor floors pose a danger. Property owners and managers are responsible for clearing snow and ice from their premises so guests on their property don’t suffer slip and fall injuries. However, the question of when this duty arises might be more complicated than… Read More »
Possible Exceptions to New York’s Personal Injury Statute of Limitations
Under New York law, a personal injury victim has three years from the date of the incident to file a lawsuit seeking damages from potentially liable defendants. Typically, this statute of limitations is a hard and fast rule, preventing even meritorious claims from being brought even one day past the deadline. However, there are situations… Read More »
What Is a Certificate of Merit in a New York Medical Malpractice Action?
In most personal injury and wrongful death cases, allegations that the plaintiff makes in the Complaint do not need to be supported with evidence for months, or even years, depending on how the litigation process plays out. However, there is one significant exception to this standard. An attorney who files a medical malpractice lawsuit against… Read More »
Recovering Damages in a Slip and Fall Case When You’re Partly at Fault
We’ve all seen it, and probably many of us have done it: paying attention to our cell phone while we’re walking on a sidewalk, at the mall or in a store. If you’re unlucky, you might suffer a slip and fall injury because the surface you’re walking on is unsafe or the property owner failed… Read More »