In a recent court decision, the New York Appellate Division (3rd Department) reminded homeowners that they still have an obligation to keep their property in safe condition while they’re on vacation.
Vance v. Burkhart (Pritzker, J., 7/3/24)
The homeowners went on vacation to Florida, and arranged for their neighbors to stay at the house and take care of the property owners’ two dogs. A huge storm dropped over 2-feet of snow on the area. The neighbor had to clear a spot [...]
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New York law allows the survivors of a loved one killed as a result of negligence to file what’s commonly known as a “wrongful death” lawsuit.
A wrongful death lawsuit filed this week in Florida alleges facts and negligence likely never seen before in any courthouse.
The family of 85-year old Gloria Serge sued the Spanish Lakes Fairways retirement community in Fort Pierce, Florida, where the woman drowned after being dragged into a lake by a 10-foot alligator. The [...]
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HURT IN AN ACCIDENT? USE YOUR CELL PHONE TO TAKE PHOTOS AT THE SCENE!
A personal injury auto accident or slip-and-fall incident can be confusing and traumatic. But if you are not at fault for the accident, your claim or lawsuit for money damages and compensation for your injuries needs to be supported by evidence. And in many cases, the strongest and most effective evidence of all are photographs and video.
Unlike police reports and witness statements, photos and videos [...]
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For some New Yorkers, the onset of summer weather means a return to favorite sporting activities, especially golf. Under New York law, persons who participate in sports and recreational activities assume the risk of getting hurt while doing so. But there is an exception to that rule which recently worked to the benefit of a golfer in Buffalo.
In the case Krych v. Bredenberg, decided on May 3, 2019, the Appellate Division of New York Supreme Court, Fourth Department (based in [...]
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For some New Yorkers injured in auto accidents, the emotional impact of the crash can be worse than physical injuries like broken bones. Now, a New York appellate court has ruled that Post-Traumatic Stress Disorder (“PTSD”) caused by an auto accident can be diagnosed by a non-doctor.
In the case Vergine v. Phillips, decided on December 20, 2018, the Appellate Division of New York Supreme Court, Third Department (based in Albany), reinstated a lawsuit [...]
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