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Employers are required by law to practice due diligence when hiring, training, and supervising their employees. If someone happens to get hurt because a specific employer didn’t follow those rules, the employer can be held liable for negligence.

Negligent Hiring Basics

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The main elements in negligent hiring, training, and retention claims fall under four categories. The employer is responsible for hiring competent workers; the employer failed in that responsibility; that employer’s breach of duty created conditions that caused the plaintiff’s harm; or the injury sustained by the plaintiff applies to a specific legal stipulation that allows for recovery.

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The New York State Department of Health has established that all nursing home residents are entitled to comfortable living conditions and respectful, quality care. Unfortunately, nursing home neglect is nevertheless a reality that many residents and their family members must face. If you have a loved one living in a nursing home, be aware of these three common signs of neglect.

Unexplained Injuries or Health Problems

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Unexplained resident injuries and health problems are often some of the most obvious signs that a nursing home has been neglectful. These signs may be minor, including small bruises, cuts, and abrasions, or major, including broken bones, untreated bedsores, head injuries, dehydration, serious illnesses, and rapid changes in weight. While these signs may sometimes indicate outright abuse, they are more often evidence that nursing home staff members have been negligent and have fostered an unsafe living environment.

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Passed in January 2019, the New York Child Victims Act extends the statute of limitations to prosecute sexual abuse against children. Under the new provisions, individuals who experienced sexual violence as children can seek justice from their attackers as adults. Before the passage of this act, the time frame expired before many child victims were able to come to terms with and report the sex crimes against them.

Updated Statute of Limitations

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Under the Child Victims Act, New York residents can file civil lawsuits against their childhood abusers any time before age 55. They can also seek criminal prosecution up to age 28. Victims previously lost their right to sue at age 22. This act also introduced a one-year grace period during which New York would accept childhood sex abuse claims from victims of any age, including those who previously failed to file a claim before the statute of limitations. In June 2020, the state legislature voted to extend this grace period until August 14, 2021, further opening opportunities for adult victims to have their voices heard.

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As of 2019, NYPD reported that 492 civilians had left the scene of a hit and run without reporting the incident to the police. While any car accident can be shocking, leaving the scene of an accident is illegal and can lead to arrest or further legal issues. We will review the legality aspects of leaving a hit-and-run accident, the consequences, and what to do if you are in this situation.

New York Laws and Hit-and-Runs

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In the state of New York, you must provide your license and insurance information to the persons involved in the accident if there is property damage or personal injury to either party. Even if there is no visible personal injury or property damage in the initial accident, exchanging contact information can come in handy if issues arise a few days after the accident. New York’s Vehicle and Traffic Law (VLT) 600(1)(a) regards property damage while VTL 600(2)(a) involves personal injury, not including animals. Personal injury from accidents should be reported to the police as well.

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The government is meant to afford citizens structure and protection, but this doesn’t mean it can’t negatively affect those same citizens. When a governmental agency causes those within its jurisdiction harm, legal action can be taken. However, the process isn’t the same as suing a person or company; some specific actions and routes need to be considered. Read on to learn how suing the government works.

How It’s Possible

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Typically legal action against the government stems from a government worker or agency’s negligence, such as hazardous conditions in a government building with no proper signage or a governmental agent unintentionally causing physical harm while on the job. To sue, the government worker has to have been acting within their scope of work, as determined by the Federal Tort Claims Act (FTCA). The federal government is essentially incapable of being sued otherwise, and states have similar protections.

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With LASIK vision correction, the surgeon uses a special laser to reshape the eye’s cornea. Doing so can often eliminate the patient’s need to wear glasses or contact lenses. Unfortunately, some patients also experience severe complications of laser eye surgery that can even result in vision loss. Review the most common type of LASIK surgery injuries and learn how these issues occur.

Overcorrection

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Sometimes, the surgeon removes too much tissue from the cornea during the reshaping process. Doing this can result in nearsightedness when the patient was previously farsighted. While under-correction can often be fixed with a second surgery, overcorrection may be permanent. The patient can sometimes undergo a second surgery to fix overcorrection but usually continues to need corrective lenses.

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With around 6 million car accidents occurring every year in the U.S., it is essential to be cautious when driving. While some of these accidents are unavoidable, many are caused by distracted, tired, or intoxicated drivers. Here are some tips to help protect you from a car wreck.

Always Wear Your Seatbelt

A person driving a car
Seat belts can reduce the risk of fatal injury by 45% when worn correctly by front-seat drivers. Wear your seatbelt to help avoid serious injury, even on short drives. Your seat belt protects you from being easily thrown around in the car or even through the windshield and can help reduce the risk of injuries or death.

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New York is a no-fault state for auto accident claims. If you get in an accident, you can receive reimbursement for the cost of injuries regardless of who caused the collision. Before paying out of pocket for medical bills, learn how no-fault laws impact your insurance claim.

Reviewing the Extent of Coverage

A wrecked vehicle in the middle of the street
New York requires drivers to have no-fault coverage for personal injury protection. With this type of policy, you can request reimbursement for lost wages and medical costs resulting from the accident. You can also use these funds to cover the cost of travel to and from medical appointments, household help if you become disabled, and other reasonable expenses.

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Different areas in New York City pose risks to both pedestrians and cyclists, and these people can be seriously injured if they’re in accidents with cars. Elevated intersections with bridges and subways are especially dangerous compared to regular streets, and—in the past five years—about 238 crashes involving cyclists and pedestrians have been reported at intersections. The streets of New York City often have a heavy concentration of vehicles at any given time, but areas under or around bridges are likely to have low visibility. As you cross these areas either on foot or on your bicycle, try to be extra cautious.

Mitigating Accident Risks

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Mayor de Blasio set in motion the Green Wave, a $58.4 million bike safety plan to reduce the risk of accidents at these intersections. The project included new protected bike lanes to expand the city’s bike safety network. Redesigning dangerous intersections and creating efficient stoplight patterns are also part of the plan to protect riders.

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If you’ve been hurt because of the negligence of a property or business owner, you should document the factors that caused your injury. You’ll need to have documentation that supports your claim for a premises liability case. An experienced personal injury attorney can also help you understand what evidence will help you successfully pursue compensation for your injuries.

Evidence That Can Support Your Case

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In a premises liability lawsuit, a plaintiff has to show how a problem that the property owner should have known about caused them to get hurt. There are many examples of potentially dangerous hazards, such as damaged stairs, broken lights, and unshoveled snow. With the right evidence, you can increase your chances of winning compensation in these cases.

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