New York Injury Law Blog

As Reported by the New York Times, A construction worker died after falling 125 feet when a tall construction lift toppled and struck a downtown Philadelphia apartment building, the authorities said. The investigators are looking to see if the construction worker who fell, was properly harnessed and all safety procedures were followed.  According to witnesses the machine operated by the construction work toppled when a city sidewalk grate gave way.

A Notice of Claim has been filed.

Experienced construction accident attorneys should immediately begin to investigate the procedures that we in place, the safety equipment as well as the construction equipment, and immediately question all witnesses.

While sexual abuse claims have been rampant among clergy affiliated with the Catholic Church over the past many years, the clergy of all other religions are not immune from these allegations.

The Borough of Brooklyn in New York City hosts one of the largest concentrations of Jews in the United States. On average some 700 child sexual abuse cases are brought each year by the Brooklyn District Attorney. There were some years when only one or two, or even no such cases were brought involving any of the so-called “ultra orthodox” Jews (including the approximately 180,000 Hasidic Jews) in Brooklyn. To what can we attribute this apparent absence of pedophilia among ultra orthodox Jews that exists in the rest of the population? Was there something inherent, or cultural, or educational, that made this community immune from this aberration?

The reality is that historically, this segment of the population keep strict, unrelenting separation of their lives from the secular world around them. Matters are referred to rabbinical courts, rather than to civil courts, and issues that would otherwise become known are maintained within the community itself. Times, however, are changing, at least in terms of this heinous offense. With publicity all around them showing the secular population trying to deal with the issue of pedophilia abuse cases in New York, there are those in this insulated community that believe the ability of their own community to respond appropriately an adequately, both to the perpetrator and to the needs of the victim, is non-existent. The result: community taboos against going to, and relying upon, civil authorities, are being overcome. Nevertheless, the veneration for the rabbis and the “yeshivas” in the community remain potent and nearly inviolable.

For the attorney dealing in these type of highly sensitive cases, it is mandatory to be sensitive to both the emotional needs of the individual client, and as importantly, to helping the client maintain his or her place, and reputation, in their community. The “Shomer Shabbos” or “frum” community is tight knit. It is guided by concepts, rules and strictures that have enabled it to maintain its identity through the most unimaginably difficult times. It is no easy matter to go outside well established boundaries. The New York City personal injury attorneys representing such individuals must do all that they can to work within the restrictions presented, while gaining the relief to which their client is entitled.

http://www.OrlowLaw.com

The recent horrific incident in which a young middle school boy was attacked and set on fire by five classmates brings to the fore the very real and prevalent problem of school violence and bullying. Who is responsible for the safety of your child in school if he or she is the victim of violence while attending school?

The answer is not always simple. As a general rule, school authorities stand in the place of parents during school hours and, as such, are responsible for the safety and well being of your children while under the school’s control, both on and off the grounds of the school (such as on a school trip).

An attorney, in determining whether a lawsuit against school authorities is viable, will have several questions: where did the incident take place; has there been any prior incident between this victim and the perpetrators, of which the authorities were aware; how common are incidents of this sort in this school; does the school have regular security protection such as guards or monitors, and were these security personnel at their posts at the time of the incident, etc.

It is very unlikely that the facts of any two cases are exactly alike. The difference between a viable case, or a matter that will not yield a basis for litigation, can be the ability of the attorney considering all the surrounding circumstances and simply knowing the correct questions to ask!

Visit our website http://www.OrlowLaw.com

It is truly unfortunate whenever those sworn to uphold the laws upon which our society is based proceed to violate those very same laws. It was our founding father, John Adams, who first stated the now often heard truism that the United States is “a nation of laws, not of men”. That regardless of a person’s station in life, the laws apply to each and every individual.
As Mayor Bloomberg says in the accompanying video on a recent post about the NYPD officer who killed the minister’s Daughter crossing the street, it is precisely because of the trust and responsibility we assign to police officers in our society, that they are to be held to an even higher standard than others. To be so very irresponsible as to become intoxicated, and then get behind the wheel of a car, flies directly in the face of the standards we must set for someone who walks among us with a badge and a loaded weapon !

As Reported  by ktla.com

An 11-year-old girl has died after the car she was riding in overturned, and the driver has been charged with driving while intoxicated and vehicular manslaughter.

The accident happened early Sunday on the Henry Hudson Parkway in Manhattan.

Police say 31-year-old Carmen Huertas was driving with seven children, including her own daughter, to a sleepover at her Mount Eden home just before 1 a.m. Sunday when she lost control of the car.

The vehicle reportedly veered off road, flipped several times before hitting a tree.

Some girls were thrown from the car from the force of the impact, cops said.

Leandra Rosado, 11, of Chelsea, was taken to Saint Luke’s Hospital in Manhattan, and died there.

The other girls, ages 11 to 14, suffered broken wrists, broken legs, and contusions, according to a hospital spokesman.

Huertas’ 11-year-old daughter broke her wrist, he said.

Another tragedy in New York City involving speeding and children leads to death and unnecessary suffering of a family.  This is further proof that as a parent you must not only be directly responsible for your children but also for the lives of others.  As Car Accident Attorneys in New York City we see such preventable tragedy too often.

Don’t just think about your life, think about the lives of others. Imagine life with out your loved ones before you decide to endanger the lives of others, especially children, by driving recklessly or intoxicated.  One poor choice could be monumental.

NYPD Subject Record Number of People to  “STOP  &  FRISK” in 2008

In 2008 over half a million people in New York City were subjected to “STOP &  FRISK” by  New York City Police Department officers – that is over 500,000 individuals !  It is an all time record.   There are not many cities in the United States whose entire population reaches that number.

Similarly, the number of complaints the CCRB (Civil Complaint Review Board) expects to receive in 2009 is over 8,200.  This, too, is a record, and matches the increasing number of “STOP & FRISKS” that are taking place.

The job of the CCRB is to investigate complaints that usually deal with everything from Police Officers using obscenity to their use of excessive force and false arrests.  If charges are substantiated by the CCRB, then the matter is referred to the Police Department for further possible disciplinary action against the offending police officer.

Stop and Frisks on the Rise along with Complaints but NYPD disciplinary action Declining

Now here is the strange fact: While the number of “STOP & FRISKS” and complaints to the CCRB have been rising dramatically, the number of cases that the Police Department has decided to prosecute, after receiving them from the CCRB, have been drastically reduced !   In 2005 the NYPD refused to prosecute 2% of the cases forwarded by the CCRB.  By 2008 the percentage of cases the NYPD refused to prosecute rose to 33%–and for 2009 the percentage of refusals to prosecute is currently at 40% !

Keep in mind that cases referred by the CCRB to the NYPD for prosecution are only those cases where the CCRB has substantiated some or all of the charges lodged by a civilian against a police officer.   Yet the percent of police officers against whom charges have been substantiated, that end up being disciplined by the NYPD, decreases.

An attorney experienced in handling POLICE MISCONDUCT cases is NEVER influenced solely by any action of either the CCRB or the NYPD.    A knowledgeable attorney will rely on his or her own experience and investigation to determine the merit of a client’s case.  Experience will tell an attorney that inaction, or lack of substantiation, by either the CCRB or the NYPD with respect to charges brought against a police officer is certainly not the final determinant as to whether a client’s case can be successful.

DRAM SHOP ACT

RECENT CASE A TWIST ON WHO CAN SUE THE BAR OWNER

As we saw in the previous post on Drunk Driving Lawsuits in New York, an injured person may sue the bar that provided liquor to a visibly intoxicated person, who caused the injury. If the person that was intoxicated injured themselves, the intoxicated person could NOT bring a lawsuit against the New York bar under the Dram Shop Act : The seller of liquor has no obligation to protect a consumer against the consequences of his own voluntary intoxication.
In this case, an injured lady had consumed very much alcohol at a bar, after she had ingested pain medication. When she left the bar, at about 5 AM, she attempted to cross a parkway. She was hit by a car. She sued the owner and driver of the car. (As noted above, she did not have the right to sue the bar that sold her the liquor).
The owner and driver of the car that hit the women then decided to bring the bar owner into the lawsuit. They made the point that the fact their vehicle hit the lady was due, in some significant way, to the fact that the bar allowed the lady to become excessively inebriated. Here, we have someone other than an injured party, seeking to make a bar owner partially or totally responsible for an injury, under the Dram Shop Act !
The trial (lower) court said this was NOT valid under the Dram Shop law. The Appeals Court (higher court) said it WAS a proper application of the intent of the Dram Shop law, and allowed the case to go forward !
The higher court ruled that the Dram Shop Act’s intention was to protect the communities of New York from the dangers that intoxicated people can cause the community, and allowing this lawsuit would further that intent.

It is interesting to see how the Dram Shop Laws will play out in the recent case against a New York City Police Officer Accused of Drunk Driving and Killing A Ministers Daughter in Brooklyn.

This is a very interesting and sad New York Wrongful Death / Personal Injury Case.