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Queens Personal Injury Blog

Social media can sabotage a personal injury claim

Many people use social media as an outlet to vent their feelings and express opinions. In fact, 77 percent of people in the U.S. have at least one social media profile. Around the world, user engagement is growing. While the Internet is a sure-fire way to connect with others, insurance companies love to poke around when a claim is involved. And they’re not the ones you want to be interacting with.

ELDER ABUSE and ESTATE PLANNING

According to the Center for Disease Control's (CDC's) 2013 report, the life expectancy in the United States was up to an average of 78.8 years. We are living longer lives, and with the "Baby Boomer" generation growing ever closer to the age of retirement, our elderly population is growing by the minute. Diseases like heart disease and respiratory disease as still leading causes in death in the US, however, diseases like stroke and Alzheimer's are striking more frequently. With our population living longer and these incapacitating diseases affecting more people every year, we are witnessing a rise in elderly loved ones who are in need of tender love and care.

The New York Short Form POWER OF ATTORNEY with STATUTORY GIFT RIDER - That DANGEROUS and POWERFUL Document

While the star performer in your Estate Plan is usually the Trust Agreement or the Will that you make in order pass on your hard earned wealth, there is a document we include in all of our Estate Planning packages that, as a supporting player, is incredibly important when it comes to preparing for your possible incapacity. 

Liability for Snow and Ice Accidents

This past weekend, New York City experienced not only its first significant snowfall of the 2015/2016 winter season, but also a record breaking blizzard. While the winter white landscape is beautiful to look at, it harbors the very real peril of slip and fall accidents as the melting and freezing snow turns surfaces slippery with ice.

Not every slip and fall on snow and ice results from negligence. We are often asked by prospective clients who come in to see us, "Do I have a case?", or "Can I recover for my injuries?" or "How much can I recover?" The answers to these questions depend on various factors. Certainly, not every slip and fall on snow and ice resulting in injuries, is actionable.

Looking at slip and fall cases on business property, P.2

Last time, we mentioned the importance for businesses of managing liabilities for premises liability claims. These include not only slip and fall type cases, but also other premises liability claims, including those involving violent crime, wrongful prevention of theft, food poisoning and accidents which occur on construction sites.                                        

We mentioned last time that there are various defenses that may apply in premises liability cases. In addition, it is also the case in New York that trespassers typically are not able to hold property owners accountable for injuries that occur on property upon which they trespass. This is generally true even in cases where the property owner knew of the dangerous condition, though there are certain exceptions, such as cases where the property owner knew of the trespasser and cases where the injury occurred because of an “attractive nuisance.”

Looking at slip and fall cases on business property

For business, managing liabilities is critical for ensuring ongoing success of the enterprise, and this includes managing liabilities stemming from accidents occurring on business property. In order to avoid liability, it is important to have a clear understanding of how premises liability may attach to a business here in the state of New York. For those who are harmed understanding the law is important for assessing whether litigation is a valid possibility.

Premises liability claims generally fall under the banner of negligence claims. For businesses, premises liability pertains not only to injuries that may occur due to a dangerous condition, otherwise known as slip and fall cases, but other types of liabilities as well. That being said, slip and fall cases are probably the most common type of negligence claim.  In such cases, a plaintiff is required to show that there was the creation of a dangerous condition and that the business was aware of the dangerous condition. 

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