New York Injury Law Blog

A bill that would have extended the statute of limitations for victims of sexual abuse did not pass the State Assembly during this year’s legislative session. The Child Victims Act (A.2596) was pulled from the calendar on June 23, 2009 after Assembly leaders decided the bill did not have enough votes to pass.

Under current law, victims of childhood sexual abuse have five years from their 18th birthdays to report the crime and/or to file a civil claim for damages against their alleged abusers. The Child Victims Act sought to change the five year statute of limitations period so that it did not begin to run until the victim’s 23rd birthday, giving the victim until age 28 to file criminal charges and/or a civil lawsuit. This would have effectively increased the statute of limitations period from five years to 10.

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MANY CALL THEMSELVES PERSONAL INJURY ATTORNEYS

In New York State an attorney is not permitted to say that they “SPECIALIZE” in any particular area of law, “Personal Injury Lawyers” included. Nevertheless, very large numbers of attorneys do, indeed, limit their practices exclusively to a particular area of law such as “Personal Injury”. So why the prohibition? The thinking is that, since no tests or common standards exist to establish qualifications to be a “SPECIALIST” that, therefore, the use of the term by attorneys of widely varying qualifications could end up misleading the public.
The result, while shielding the public from succumbing to mislabeling, does place a burden on those seeking legal advice to exert a serious effort in identifying a fully qualified attorney to represent them in their legal matter, whether a “Personal Injury” matter or other.
While using the term “SPECIALIST” is impermissible, it is permitted to, for example, hold yourself out as a “Personal Injury Attorney in New York“. This can lead to misleading a potential client unless that client is fully aware that there are vast differences in the lawyers that present themselves as “Personal Injury Lawyers” to the public.

ADVICE ON HIRING A PERSONAL INJURY LAWYER IN NEW YORK

Word of advice: spend a little time beforehand finding out about attorneys you might want to hire, and you might save yourself much aggravation down the line. The Internet is a source like no other we have ever had. In short order,  it can provide information about the background of an attorney: her years of practice, her education, his community activities, positions she has held, opinions of past clients and a wealth of other information that can inform you whether that person would represent you in a way that you want.

BE CAREFUL OF THOSE  “THE BEST” ATTORNEYS IN NEW YORK

One other point: Some very large Personal Injury Law Firms have one or two “star” lawyers, held out to the public because of their fame. This will most likely NOT be the attorney handling your matter. That firm may be so big and so busy that the “star” may not even be available for ready consultations. Know what you are getting ! The competence of every lawyer in the firm is important to you.

HALF OF SUPER LONG DELAYED FLIGHTS ARE IN NEW YORK AIRPORTS : JFK, LAGUARDIA, NEWARK

LADDER ACCIDENTS

As Construction Accident Attorneys in New York City, We see may different causes, but ladder accidents are significant. According to the Consumer Product Safety Commission there are over 164,000 visits to emergency rooms annually caused by ladder accidents.  Other sources quotes figures of over 500,000 such visits each year.
In an effort to make everyone aware of the root causes for these many injuries, here is a list of the most frequent reasons ladders cause accidents, in order of  frequency:

–Forgetting the rung position on the ladder while descending;
–Carrying materials while ascending or descending the ladder;
–Climbing without three points of contact on the ladder;
–Choosing the wrong ladder for a task;
–Not securing the ladder base to secure footing;
–Positioning the ladder on unstable surfaces;
–Working outside the ladder footprint;

Please pay careful attention to these cautionary tales of ladder accidents. We have helped many people recover substantial amounts after being injured in construction accidents, but no amount can make up for the loss of life or limb. Ladder Accidents Are Too Common. Don’t Allow yourself to be a victim. If you have been, consult an experienced attorney.

Ladder Accidents on Work/Construction sites

One of the most prevalent types of accidents  in the repair or construction of structures involves the use of ladders.   Aside from the commonly perceived ladder accident where a ladder that is unevenly balanced then falls, or a step on the ladder gives way, there is a far more dangerous and deadly type of accident.  These involve the use of metal, most usually aluminum, ladders. As a Construction Accident Attorney in New York City, we see these injuries way too often.

The National Electrical Safety Code requires a minimum clearance of 18.5 feet from a high voltage power line to the ground.  Home improvement stores sell aluminum or fiberglass (and perhaps wooden) ladders.  The aluminum ladders are generally somewhat less expensive and weigh less than the fiberglass counterpart.   When not extended, these ladders are often as much as twenty (20) feet, and can extend to as much as forty (40) feet.

Several workers are killed each year by electrocution while utilizing aluminum ladders. They saved money on the purchase of the ladder, it was less cumbersome to carry and move, and these “benefits” cost them their lives.  Many more suffer life altering disabilities.

Passengers Stuck on Planes

Recently, a “feeder” airline operated under the aegis of Continental Airlines, was forced to sit with its 47 passengers (on a 50 seat aircraft) on the tarmac, at a Rochester, Minnesota airport, the entire night.    This, while another flight that arrived at about the same time, operated by Delta, went to a gate supplied by the airport to unload its passengers.
This was not the first time passengers were forced to endure horrendous conditions (lack of food and drink, stale and foul smelling air, broken toilets, medical conditions untreated).  Not long ago Jet Blue let its passengers sit for over fifteen hours at John F. Kennedy Airport in New York.  There are many, many stories of stranded passengers.
The situation has been so distressful that Congress is now contemplating rules that would instruct airlines in the appropriate action under similar circumstances.   The airlines do not want to be “forced” to react in a specific way.  They want to react in a “voluntary” manner, and insist they have learned their lesson.
The neglect of the airlines in many of these situations is egregious. Far more effective than accepting an apology and a voucher for a free flight would be if all the passengers on such a flight join together in a lawsuit against the offending airline.   The cost of defending the lawsuit, the cost of the eventual judgement or settlement, and the substantial bad publicity would be as effective, if not more so, than any slap on the wrist contemplated in proposed legislation.
If anyone finds themselves in such an unfortunate situation on a plane, think about organizing such an initiative while in that predicament.  Gather the names of your fellow passengers that would be willing to participate in a lawsuit.   If nothing else, it would give you something constructive to do during the time, to while away the hours. If you have been stuck on a plane for hours, or days, call an attorney to see if there is possible case against the airline.

Clergy Sexual Abuse Legislation in New York
It now appears as if the New York State legislature will not be passing legislation that would extend the Statute of Limitations for bringing a lawsuit for victims of sexual abuse. Currently a person has until the age of twenty-three to bring a lawsuit. The new legislation would have extended it to age twenty-eight and would have given everyone, regardless of age, one year from the enactment of the law to bring such a lawsuit.

When the complexion of the New York State Senate changed from Republican to Democrat, it was widely expected to join the State Assembly in passing this law. It now appears that when the law seemed to have a real chance of passing, pressure by the Catholic Church convinced many legislators, previous sponsors of the legislation among them (!!), to oppose the bill. The position of the church was that it would bankrupt the church, as it had apparently done previously to the Diocese of San Diego, after California passed a similar bill.

The sponsor of the legislation has vowed to pursue the passage of the bill and believes it still has a real chance of eventual passage, sooner rather than later.

False Arrest and Police Misconduct in New York happen way too often and are on the rise. Sometimes the incidents, even when caught on video, can leave room for doubt. However the latest Police Corruption and Misconduct case in Florida show some egregious acts.

Four Hollywood Police Officers are caught on tape framing a woman for drunk driving. After an officer failed to stop before rear ending the woman, they tried to cover it up.

As Reported by Janie Smith of NBC

Throughout the tape, the cops acknowledged what they are doing is illegal, but when you are the law, there is nothing wrong with bending it for a fellow cop, one says. “I don’t lie and make things up ever because it’s wrong, but if I need to bend it a little bit to protect a cop, I’ll do it,” Pressley tells Francisco after reassuring him no one will ever find out. “She’s freaking hammered anyway.”

Now, not only are the police under intense scrutiny, every single DUI arrest by the officers is under scrutiny.

[youtube=http://www.youtube.com/watch?v=2JXHduw6Jd4&hl=en&fs=1&]

Can My Wife/Husband be Arrested for Entering Their Own New York Home?

As a law firm with years of experience in New York lead posioning cases

we have seen the effects lead can have on families, especially children.  Often, people only think of the lead poisoning occurring from within a building from paint or a from the water coming through old pipes, but a recent New York Times Article shows that lead has seeped into gardens throughout New York. Lead can come from paint removal , leaded gasoline, heavily trafficked roadways or even leaded pesticides and permeate your home grown foods. The harmful effects can last generations.

The side effects of Lead Poisoning can include

• loss of appetite
• constipation or nausea
• stomach pain
• yellow coloring of the skin
• excessive tiring or weakness
• weight loss
• insomnia
• headache
• nervous irritability
• tremors
• numbness
• dizziness
• hyperactivity
• anxiety.

The New York Times Article is a must read if you currently have or are considering an urban garden and want to avoid the harmful effects of lead poisoning.