Very few venues in our society can top the sports arena as sites of accidents resulting often in serious injuries.

The subject of the injury may be either a participant in the sport, or an observer of a sporting event :  The race car driver, the wide receiver, the baseball player sliding into third base, going for the lay up;  or being hit by a foul ball in the bleachers, injured by an out of control race car, slammed by a wild hockey puck into the stands.    More disturbing, the little leaguer injured in any of a wide variety of sports engaged in by youngsters, and supervised by well meaning volunteer adults.  Add to this the myriad sports engaged in by school teams at all levels of age and proficiency, and what emerges is a plethora of sources for voluminous potential litigation.  Just imagine, a lawsuit for every injury incurred in the sporting arena !

Enter the doctrine of “Assumption of Risk”!

What this doctrine essentially means is that a person may not recover for any injury which that person sustains, when that person voluntarily exposes him or herself to a known dangerous activity, event or possible consequence of such activity or event.   Being tackled, flying pucks, speeding baseballs, outfield collisions, race car crashes–all known and anticipated possibilities to anyone participating in, or watching the event..  Injured by one of these or literally scores of other “every day” sporting  mishaps,  and you want to sue–“fuggedaboudit”!!   “Assumption of Risk” – you knew, or darn well should have known, about the risks before you started.   The courts will not be sympathetic.
Of course, the doctrine of “Assumption of Risk” does not, by any means, eliminate each and every injury incurred during the course of a sporting event from being litigated.  Especially in the case of younger athletes and school age children, the courts will look to factors that may well overshadow the “Assumption of Risk” doctrine.
The child injured when sliding into third base?   Was the coaching “negligent”?  Was the child properly taught how to slide,  minimizing potential  injury to him/herself or the opposing team’s player?  Did all the equipment used meet the required safety standards?  Was the base movable and detachable?  And of course, these issues can, and are, raised by experienced attorneys, in every situation where a child in particular, but adults as well, are seriously injured in a sports accident.  While the doctrine of “Assumption of Risk” looms very large indeed, in the field of sports injuries, a close examination of legitimate additional reasons for the injury having occurred should be pursued in all such potential cases. If you feel that this includes you please contact one of our experienced New York City Personal Injury Attorneys to assess your situation.

“Ignorance is no excuse”!

How often have we heard that expression. And nowhere is that expression more appropriate, and often times more painful, than when applied to cases that require, as a condition to beginning a lawsuit, the proper filing of a “Notice of Claim”. If, for almost any reason whatsoever, you do not file a Notice of Claim upon the proper governmental or quasi-governmental agency within the required time (most often 90 days within New York City), your chances of getting a court to grant you permission to file a “Late Notice of Claim” ranges between slim to none !

This is not to say that permission to file a “Late Notice of Claim” is never granted. You must show the court “good cause.” “But I didn’t know about the rules” is most definitely NOT among the “good causes”. (As a long time practicing attorney, there are few things more frustrating than receiving a call from a potential client, with what would have been a very viable
case, only to have to turn the client away because he or she did not call in time to file a timely Notice of Claim).

When might a Late Notice of Claim be granted?

If the accident placed you in a hospital, in a coma, which lasted beyond the required period, a court may well be sympathetic to a circumstance as extreme as that. Courts are also sympathetic to “infants” (individuals under the age of 18 years in New York). A court will be reluctant to have a child be deprived of its day in court because of the failings of a parent. What may well happen is that the court will allow the fling of a “Late Notice of Claim” on behalf of the child, but if the adult had a valid case along with the child, the adult will be denied that same right. The basis for the court granting any request to file a “Late Notice of Claim” is determining whether or not the municipality or governmental agency will be “prejudiced” by granting the permission. The usual test to determine whether prejudice exists is to decide whether or not the entity or agency to be sued will still be able to carry on a thorough and complete investigation even though they receive the Notice of Claim in an untimely manner. For that reason, one of the issues the court will examine is whether or not the entity being sued had all of the information it needed, from other sources, to carry on a complete investigation, even though they did not have the Notice of Claim

If ever an experienced lawyer MUST BE consulted, it is in all instances where a Notice of Claim has to, or had to, be filed. If you failed to file a Notice of Claim within the required period, then the experience of the lawyer you choose to consult becomes all the more important. At The Orlow Firm we can educate you on the proper way to file all your paperwork. We will work hard to defend your rights.

Negligent Infliction of Emotional Distress

While exposure to the HIV virus, and subsequent contraction of the Aids virus, is no longer, thankfully, a death sentence, it is nevertheless a frightening and life altering event that, without proper and constant lifelong medication could, eventually , lead to a premature death. Consequently, being exposed to the HIV virus, because of the negligence of someone else, may well be grounds for a lawsuit for “emotional distress”.

“Emotional Distress,” unlike a matter involving a purely physical injury, consists entirely of a psychological component.

While a fracture of the ankle cannot be easily faked, the objective determination that “emotional distress” truly exists is far harder to establish. The courts are well aware of this potential for fraud, and rules have been established that, while making it far harder to create a false cause of action, also, unfortunately, do result in many legitimate actions being denied.

To maintain a cause of action arising from a fear of contracting the aids virus, the person bringing the lawsuit (the Plaintiff) must either show:

1. He or she actually contracted the aids virus or, if he or she did not contract the virus, then, 2. That he or she ACTUALLY was exposed to the HIV virus. To show that the exposure to the virus was “ACTUAL” the Plaintiff must show that the way the virus was allegedly transmitted was recognized as a scientifically acceptable means of transmission (such as a hypodermic needle), AND that the source of the possible infection (the blood or other liquid or residue) was, IN FACT, infected with the HIV virus !! If you are, for example, stuck by a needle by accident in some medical office, and the needle is lost (perhaps because maintenance throws the needle out before it can be retrieved), you may well have NO CASE for “emotional distress” for the entire time you wait to find out if you are HIV positive≠unless you eventually DO contract aids. Why? Because you cannot show that the needle was contaminated with the HIV virus.

WARNING: While the rules regarding an action for “emotional distress”, especially in “Aids Phobia” cases, are very stringent, there are some exceptions that have been carved out by the courts. Never assume, in serious matters, that the option of a lawsuit does not exist. Be certain to consult with an experienced personal injury attorney who can guide you through the thicket of laws and court decisions in making the proper decision.

At The Orlow Firm we have over 30 years experience in personal injury law. We will fight for your justice.

Official proceedings to remove Anthony Abbate from the Chicago Police Department began this week.

On Monday, Novermber 16, city attorneys aired lengthy recordings to highlight how the events unfolded at Jesse’s Short Stop Inn on the afternoon and evening of Feb. 19, 2007. During two visits to the Northwest Side bar, Abbate consumed large quantities of alcohol and continuously harassed and physically abused the bartender, Karolina Obrycka, and patrons according to the attorneys and the charges filed against him by Police Superintendent Jody Weis. Tuesdays proceedings started with the airing of a 30 minutes video showing the officer showboating and harassing patrons of a Northwest Side bar before he turns on the bartender, beating and kicking her Abbate was already convicted in criminal court for the felony aggravated battery of Obrycka and now faces dismissal from the department before the Chicago Police Board.

He continuiously invoked his Fifth Amendment right against self-incrimination at least 75 times during questioning by city attorney Anna L. D’Ascenzo,

who repeatedly asked Abbate to identify himself on the recording. Obrycka took the stand and watched the video that shows her being punched, beaten, pushed and yanked by the hair by the 13-year officer. “I heard him say, ‘Nobody will tell me what to do,’ ” Obrycka said. “I believe the only thing I said…I said, ‘Stop.’ “Michael Malatesta, Abbate’s attorney, called the hearing a formality, considering that Abbate cannot serve as a police officer with a felony conviction. “There is no getting around it,” he said.

As one of a handful of law firms in New York City representing victims of police misconduct, The Orlow Firm has extensive experience helping victims of:

* Police Brutality and Prison Guard Abuse

* False Arrest

* All other types of police misconduct.

Many complaints of police misconduct are ignored.

They are frequently brushed off as if the person must be lying or somehow deserves his or her fate by having been involved with the police in the first place. If you are a victim of police misconduct, it’s important to contact a lawyer immediately. You may only have ninety days to file an action against the police department.

Source: chicagotribune.com

How Bankruptcy Affects the Ability to Sue for Injury in New York

It is absolutely essential that an individual contemplating a lawsuit for an injury inform his or her lawyer of any bankruptcies, past or present. If there is a pending bankruptcy, then any potential lawsuit becomes an asset of the bankrupt person. As such, the Bankruptcy Court must be appropriately notified and permission must be obtained to pursue the case. If, for any reason, a lawsuit proceeds while there is a pending bankruptcy, and this is done without the permission of the Bankruptcy Court, then upon notification of the bankruptcy proceeding, the court in which the injury lawsuit is pending will automatically dismiss the lawsuit.

This could have dire consequences since the time within which the lawsuit could be started may already have passed so that there might be no chance to bring that suit again once the situation with the Bankruptcy Court is rectified.

At The Orlow Firm you will be dealing with an attorney knowledgeable in personal injury law and the numerous rules, regulations and laws specifically associated with personal injury lawsuits is vital because of highly technical matters such as bankruptcies. Your personal injury lawyer will also work in close consultation with the attorney handling your bankruptcy.

LAWSUITS BY PUBLIC EMPLOYEES vs. LAWSUITS BY

EMPLOYEES OF PRIVATE EMPLOYERS

In every lawsuit based on a party’s “negligence“, in addition to a recovery for “pain and suffering”, the injured party is entitled to recover for the amount the injured party paid for medical costs and for the loss of future earnings. A person with such a lawsuit who is in the PRIVATE sector has any eventual award they win reduced by any reimbursement they have received, or will receive, through such vehicles as medical insurance, disability payments or disability pensions. This stands to reason: the law does not allow a windfall to the injured party by permitting “double dipping”.

This was not so with New York PUBLIC sector employees.

Until just November, 2009 any New York PUBLIC sector employee, suing any municipality or subdivision, could recover for medical costs and future earnings regardless of the fact they already received, or would receive in the future, reimbursement for those items from some other source, such as a union disability pension or fund. A true “double dipping” windfall. This situation has ended by act of the New York Sate legislature. The situation for the Public sector employee is now the same as for the Private sector employee (and likewise, for the Private sector employer and the Governmental employer) “double dipping” is over, for everyone! In this time of deep cuts in all governmental budgets, New York City alone stands to save about fifteen million dollars this year because of this new legislation. Small wonder this legislation passed almost unanimously in both houses of the New York State legislature.

ELEVATOR ACCIDENTS in New York City| NYC | Attorney

In New York City tens of thousands of buildings utilize elevators for their tenants. Among these are 340 public housing complexes, mostly composed of multiple buildings, each of which usually has an elevator. The New York City Housing Authority, the City’s largest landlord, incorporates 3,338 elevators in 2,618 buildings! That’s an average of 3.1 million “trips” per day totaling 1.2 BILLION “trips” per year.

Since 2001 (until March, 2009) Housing Authority residents, according to Housing Authority records visitors and employees have reported about 300 elevator related injuries.

Of these, over 170 required some medical attention by hospitals, paramedics or private doctors. Injuries involved virtually all parts of the body and included the tragic death of a five year old boy. The reported malfunctions related to inner and outer doors which either shut too quickly or too forcefully. Some people have lost fingers or toes. Another issue is the elevator car not aligning properly with the building floor. Serious fractures, broken bones, and other injuries can occur from this error. In more rare cases an elevator will drop suddenly and free fall to the ground. The injuries and trauma involved in that type of incident is unimaginable.

It doesn’t matter if you live in pulic or private housing you could have a valid lawsuit if you have been injured.

It is of the utmost importance to correctly identify whether the building where the accident occurred is public or private. For a publically owned building, it is MANDATORY that a NOTICE OF CLAIM be properly filed within the required period. This is usually 90 days of the date of accident but can vary. Failure to file the notice of claim could prevent a lawsuit against the governmental agency that owns the building. If you have been injured by a faulty elevator in New York City you need an experienced personal injury lawyer. At The Orlow Firm we are familiar with suits involving governmental agencies. You should call us as soon as possible to prevent losing your rights for justice. If you can not make the call for whatever reason have a friend or relative do so on your  behalf. We will come to you if needed.

As Reported by the New York Times,

“For the second time in five weeks, a New York City police officer has been arrested on charges of killing a pedestrian while driving drunk, this time in the Bronx, officials said on Friday.

Drana Nikac, 67, was killed.

The scene, Kingsbridge Avenue at West 232nd Street in the Bronx. It was the second recent fatality with a police officer at the wheel.

About 6:30 a.m., the police said, Detective Kevin C. Spellman, 42, a 22-year veteran of the Police Department, was driving south on Kingsbridge Avenue in his government sedan when he struck the woman, identified by relatives as Drana Nikac, 67, as she crossed the avenue near West 232nd Street in Kingsbridge.

Drunk Driving Accidents in New York should not be tolerated, especially by those that are commissioned with the protection of the citizens of New York. This is not only just an incident of Police Misconduct in NYC, this is seemd to be a further sign of a culture that seems accepting of shirking the responsibility to its citizens.  If you have been a victim of police misconduct or a drunk driving accident in New York, make sure to stand up for your rights and make your voice heard.  As citizens we have the responsibility to keep our protectors in check.

The firm of ORLOW, ORLOW & ORLOW, PC has been practicing NEW YORK PERSONAL INJURY law since 1981.   While currently composed of a father and two sons, the firm is about to expand by merging with the firm of ORLOW & ORLOW, PC, a PERSONAL INJURY law firm since 1966.   ORLOW & ORLOW, PC consisted of the father and daughter team of Alexander and Jodi Orlow.

Congratulations to Jodi Orlow, New York Civil Court Judge

As of January, 2010, Jodi Orlow will ascend to the bench as a judge in the Civil Court in Queens County.    At that time Alexander Orlow will join the firm of ORLOW, ORLOW & ORLOW, PC in an “Of Counsel” capacity, adding his wealth and years of experience to the team of attorneys working on behalf of our firm’s clients.

Orlow, Orlow and Orlow to become the Orlow Law Firm

The firm will become known as THE ORLOW FIRM, and can be contacted at all current telephone numbers.   The staff of the firm will also expand to meet the increased volume of the firm so that the service to  which the clients of  both firms were accustomed to can be maintained.
We look forward to continuing to serve our New York clients with the same energy, respect and devotion as they have come to expect.

New York School Roof Collapse Injures Two; One Seriously

The roof of a Pelham elementary school collapsed Saturday afternoon, injuring two construction workers.

According to Pelham Police Chief Joseph Benefico, Colonial School at 315 Highbrook Avenue in Pelham was in the process of an addition when a front wall gave causing a roof collapse and the injury of two construction accident workers, Workers were cutting the first floor when the accident happened on Saturday, October 31st, 2009.

Superintendent Dennis Lauro and Colonial’s Principal Janet Rothstein wrote in a letter

“Our architects and school officials are conferencing with the New York State Education Department, which must give us clearance to re-open school. Based on the inspection on Saturday, the building is deemed safe. We are also planning a second engineering inspection as an extra precaution. In addition, our Board Construction Steering Committee would like to have the demolition work completed and the site cleared before reopening Colonial.” The letter promised a comprehensive memo to be released later today.

Wager Contracting Co. Inc., of New Rochelle, is the contractor for the construction project and declined to answer questions about the workers’ conditions.

Even if they Collect New York Worker’s Compensation, Construction Workers may be entitled to sue and collect an Injury Reward in New York

Despite many recent New York City construction accidents, a continued negligence of safety allows for further injuries.  As experienced Construction Site Accident Attorneys in New York we too see the same pattern over and over again. It is a shame and all of those responsible for safety should be held accountable. One thing many do not undertsand is even if they were injured and are receiving Workers Compensation for a Construction Accident in New York, they may still be entitled to sue for damages.  No matter what they think, if you or someone you know is collecting workman’s compensation for on the job injuries, especially New York Construction Accidents, they should collect contact an experienced Construction Injury Attorney,