New York Personal Injury Laws

Slip and Fall Claim Process

Today on You Be The Judge. If you slip and fall, can you really sue and easily win? Go inside a real life slip and fall claim and see what a judge looks for when determining who is at fault. We’ll show you the facts and let you be the judge. While the idea of slipping, falling, suing and winning is often joked about, if you were the one left with the medical bills, you may want to know if the property owner played a role in the accident.

1. Who Do You Sue

First, who do you sue? The defendant will most likely be the property owner or manager. The defendant has the duty to keep their premises reasonably safe from hazard.

2. Determine Breach of Duty

Number two, did the defendant breach their duty and/or damages caused as a result? In other words, was the property owner, manager or an employee somehow neglectful by causing or creating the dangerous situation? Knowing about it but not doing anything to prevent it? Or if they didn’t know about the danger, should they have known? Not only must you prove that the defendant breached their duty, you must also prove what is called proximate cause, which says that the injuries were the result of that specific accident.

3. Reasonable Defendants

Three, did the defendant act reasonably? If someone trips over an object left on the floor, was there good reason for the object’s position or could it have been easily and reasonably moved before anyone could trip on it? Did the property owner take precautions to minimize the danger? How long was the danger present prior to the accident?

4. Injured Person Acting Careless

Number four, was the injured person acting carelessly? Everyone has the duty to protect themselves and to be careful. Would another reasonable person in the same situation notice and avoid the danger? Was there a legitimate reason that the person was on the property? Had the owner placed a barrier or warning sign for the danger? Was the injured person engaged in activities that could increase the chance of slipping and falling?

Contributory Negligence

For example, texting while walking. In a slip and fall lawsuit, both sides will attempt to prove that the other was at least partially at fault. In some states there is contributory negligence. This is where the plaintiff is in any way at fault, they cannot recover damages.

Comparative Negligence

Other states have comparative. If the plaintiff is partially at fault, that percentage is subtracted from any award. Finally, some states will offer compensation if you are less than 50% at fault, but none if you are more than 50% at fault. Ultimately, the injured person bares the greatest burden of proof.

Slip & Fall Litigation Example

Now we’ll go inside an abbreviated real life claim, present the facts, and ask you to make a ruling. A woman we’ll call Helen went with her husband to visit their son at a correctional facility. Helen entered and noticed someone nearby with a mop in hand, a bucket on the floor and a caution sign. As she walked, she tried to stay on the carpet runner and eventually stepped off to get to where she was going. At that point, she did not see any mops, buckets or signs. As Helen stepped off, she slipped and fell to the floor. Helen’s husband’s foot slipped too, but he was able to avoid falling. The facility’s standard policy was to put caution signs in a square around wet areas. Consider the previously mentioned criteria of slip and fall lawsuits.

Number one, did the facility breached their duty to keep their premises reasonably safe from hazard? Two, did the facility act reasonably? And three, was Helen careless? Now it’s time for you to be the judge. Should the defendant be held responsible for all part or none of the accident?

By: Edward Lake

Public Service Tips

I’m Ira Maurer, with a public service law tip. If you’ve been injured and commence a lawsuit to collect damages for your injuries, you have the burden of proving your case by a preponderance of the credible evidence. That means you have to convince a jury that, with each element of your case, it’s more likely true than not true. You have to tip the scale of justice in your favor, 51% to 49%; if the jury thinks it’s 50/50, then you haven’t met your burden of proof and you will lose the case. This burden is different from what you may have heard in a criminal case, where the prosecutor has to prove their case beyond a reasonable doubt.

If you’d like more information about pursuing a personal injury case, visit the Maurer Law Firm’s website at M-A-U-R-E-R-L-A-W.net

Asbestos Exposure in Powerhouses

You’ve worked in powerhouses for a good part of your working career, and you were exposed to asbestos, and now you have mesothelioma. Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’d like to talk to you about the types of exposures to asbestos that workers in powerhouses had.

I’d like to talk to you about a former client of mine, who is a powerhouse worker, who is in what’s called the major maintenance gang at one of the utilities here in New York, in New York City. And his job entailed him going to every powerhouse in that particular utility’s system.

 Exposure on the Job

So he is a good client to talk about, because his case involved all the exposures that a typical powerhouse worker would have. So he was able to testify in his case, about exposure to asbestos on boilers. And having worked in powerhouses yourself, you know that the boilers in a powerhouse are giant.

 Large Amounts of Asbestos

Some as tall as ten stories, and just covered and filled with asbestos products, including asbestos block, asbestos cement, asbestos gaskets, asbestos refractory. And this particular former client of mine, talked about asbestos pipe covering on the pipes throughout the powerhouses.

As well as asbestos blankets on the turbines attached with wire to the exterior of the turbines. He talked about asbestos containing flange gaskets, used on almost every pipe in the entire powerhouse. He discussed asbestos coverings on various equipment like pumps and other types of equipment.

He talked about asbestos on valves, he talked about asbestos packing and gaskets used inside of various types of equipment. And these are many of the exposures to asbestos that powerhouse workers could have.

But there are many more, and I’m sure you have many questions about the types of exposures to asbestos that a worker would have in a powerhouse. Well, we can answer your questions. I’m Joe Williams. I invite you to call our office at the number listed below, and we’ll answer your questions. We represent mesothelioma victims every day, and we certainly would be there to answer your questions for you. Thank you for listening.

Types of Injuries

At the Maurer Law Firm, I’ve had clients who’ve come to me as a result of many different types of injuries. They may have been injured in a car accident. They may have fallen at work. They may have been a victim of medical malpractice. Whatever the cause, they all have something in common – their lives have been turned upside down. They don’t know what’s going to happen next. They don’t know if they’ll ever return to work, or if they’ll be able to make their mortgage payments. These are serious issues that are taken very seriously here at the Maurer Law Firm.

The litigation process can be complex and overwhelming. My experience and dedication to your case will help educate you on the process

Medical Malpractice in Sayville

Today on You Be The Judge. With hospitals being administered by fallible human beings, mistakes are inevitable. While hospitals have full disclosure agreements with their patients, you might be surprised to find out what happens after mistakes are made. The Center for Disease Control says tens of millions of people receive hospital services each year.

Examples of Malpractice

Over the decades the hospital industry has evolved and made necessary changes to protect patients. Nevertheless, hospitals are run by humans, and the unfortunate truth is that they make mistakes that put patients lives at risk. Researchers have long investigated medication errors. These errors show up in a variety of forms, including improper compounding the process of tailoring-made drugs for an individual, incorrectly writing out prescriptions, failing to monitor effects on patients, giving the wrong kind of medication, and administering too high or too low of a dosage.

Reporting Mistakes

A study led by Doctor Daniel Nussbaum showed that hospital employees are more likely to report mistakes under the protection of Blame-free anonymity. By giving these employees a safe environment to report mistakes, hospitals are then able to assess the reports and make appropriate changes. Before, they had very little information to work with. This progress is a good sign for both hospitals and patients.

Medication Errors Study

A recent study led by Doctor Assad Latif, examine medication errors and what happens afterward. Doctor Latif shared that, for the most part our findings were in keeping with what the existing literature tells us about the where and how of medication errors in a hospital. The most surprising finding was what we do about them.

Latif said about 98% of mistakes did not result in harming patients. However the patient and or their family is immediately informed when an error occurs barely 2% of the time despite literature supporting full disclosure and their desire to be promptly informed. Letting patients know about medication errors only 2% of the time sounds pretty scaring, doesn’t it?

Hospitals Make Mistakes

We should not assume that all medication errors threaten anyone’s well-being, or that the information would always be of importance to the patient. However, harmful mistakes do occur without patients knowing it. What do you think hospitals should do to ensure that the promised full disclosure is being fulfilled?

By: Edward Lake

World Trade Center Builders Exposed to Asbestos

Did you know that dry wall installers at the World Trade Center site were exposed to asbestos?

Hi, I’m Joe Williams, I’m a Mesothelioma trial attorney, and I can answer some question that you might have about Mesothelioma exposures at the World Trade Center site.

Now, the World Trade Center, composed of seven different buildings, was the most massive construction project of its time when it was building, staring in the late 1960s and into the 1970s. And the internal walls of what was primarily office buildings were built with sheetrock. So we’re talking about massive quantities of sheetrock that was installed at the World Trade Center site by Union Drywall installers.

 Different Exposures of Asbestos

Now, when these boards of sheetrock were put up, in between the seams of each of the boards at the entire site, joint compound was installed. And it was either in a dry mix, it was mixed with water, or it was already premixed and came out of a bucket. But either way it was put between the seams wet, allowed to dry, and then sanded down. And usually tradesmen did two or three coats of this, sanding it down between each coat. And that happened throughout the entire site.

 Asbestos Products Banned

Now why is that important? It’s important because up until 1977 most joint compound continued asbestos. In 1977 the Consumer Product Safety Commission banned the use of asbestos in joint compound. But before that time and during the construction of the World Trade Center, that joint compound had asbestos in it. It exposed all of these Union Drywall workers and other tradesmen who worked in the area to large quantities of breathable asbestos dust.

Now, you have Mesothelioma and you have questions about asbestos exposure, especially exposure that could have happened at the World Trade Center site. I’m Joe Williams and our law firm we handle cases for victims of Mesothelioma and their families every single day. I invite you to give us a call and we will be very happy to answer your questions. Thank you.

Passengers Injured A Number Of Ways

People can be injured in a variety of ways when traveling by train. Passengers are injured by slipping and falling, stepping in the gap between the train and platform, or having a door closed on them as they enter or exit the train. Passenger injuries on trains can include broken bones, torn ligaments, spine injuries, shoulder injuries, and even traumatic brain injuries. Sometimes, the full nature and extent of these injuries is not revealed for a long period of time.

 What To Do Immediately After

If you or a loved one has been injured on a train, you need to immediately seek medical treatment and contact an experienced railroad lawyer who is familiar with all of the federal laws and regulations that apply to the railroad industry. For a free consultation, contact me, Ira Maurer, for more information on how we can help you obtain all of the compensation you deserve.

Drywall Installers Exposed to Asbestos

You work as a drywall installer, and you’ve now been diagnosed with mesothelioma. You’re trying to determine all the ways you could have been exposed to asbestos. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I’d like to talk to you about the ways that drywall installers were exposed to asbestos on construction jobs.

Ways Drywall Installers Were Exposed

Now, we know that prior to 1977, joint compound contained asbestos. It was banned by the Consumer Product Safety Commission in 1977. Drywall installers who put up those boards of sheetrock – usually four foot by eight foot boards – onto studs, we know that those seams between the sheetrock had to be taped and filled with joint compound. The joint compound came in either a pre-mixed form in a bucket – it was already wet – or it came in large bags, it was dry, and had to be mixed with water, and when it was mixed, lots of dust in the air. Either way once the joint compound was wet, it was applied to the seams, smoothed out, and allowed to dry. Once dry, sanded down, creating lots and lots of dust in the workspace. Tradesmen did this process two or three times to sanding, two or three times to make a smooth finished professional wall. Each of those sanding applications created dust that the installers who worked with breathed. These exposures to this asbestos dust on a daily basis over the course of an entire career caused mesothelioma.

 Diagnosed With Mesothelioma

We see in these cases in asbestos litigation the exposures many years ago decades later resulting in a tradesman such as a drywall installer being diagnosed by his doctors with mesothelioma. The doctors, when they review this, they connect the asbestos exposure to the current diagnosis of mesothelioma years later. Mesothelioma is a cancer caused by asbestos.

Why am I telling you all of this? Because you have questions about mesothelioma and asbestos exposure. I’m Joe Williams. At our office we represent victims of mesothelioma and their families, and we deal with these issues every day. Give us a call at our office and we will answer your questions. Thank you. [music]

Carpenters Exposed to Asbestos

You’re a carpenter, you’ve been exposed to asbestos and now you have mesothelioma. You’re trying to figure out what caused your mesothelioma. Hi, I’m Joe Williams and I’m a mesothelioma trial attorney and I can answer your questions about how carpenters who are exposed to asbestos. Now as a carpenter you worked with many things on large commercial job sites and also smaller residential job sites. But what we know about carpenters is they’re exposed to everything on those jobs. So a carpenter might be installing some cabinetry, might be working on some woodworking in one section of a room while another trade is putting up sheet rock and using asbestos containing joint compound. A carpenter might be doing some mill work in one portion of a room while another trade is starting the installation of asbestos containing floor tile 10 or 15 feet away. All of these are real exposures to asbestos dust for both the carpenter as a by stander and the floor tile mechanic or the dry wall taper who’s working with that asbestos containing joint compound. In addition, many carpenters over the years have told me that they also did these other types of construction work that put up walls with sheet rock and asbestos containing joint compound. That they installed asbestos containing ceiling tiles and drop ceiling. That they worked with asbestos containing floor tiles themselves. That that was all part of the work that they did as a carpenter. As a carpenter it’s not just the work that you did it’s certainly the work you did as well as the work that others did around you. All of this work created asbestos dust from working with various asbestos products which you breathe and that is one for the reasons why you have mesothelioma. I’m sure you have many more questions about mesothelioma and we can answer your questions. I’m Joe Williams, we represent victims of mesothelioma everyday. I invite you to call my office at the number below and we’ll answer your questions. Thank you.