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If you are injured as a result of an elevator accident, you can file a claim to help receive compensation. Elevator accidents may result from someone else’s negligence and are therefore classified under liability claims. However, filing for such claims can prove to be a challenge. Hiring a lawyer to guide you through the legal process can be the best way to handle the situation. For you to file the claim, you must be able to prove that the injuries were the result of someone else’s negligence. Here are some of the instances in which you could file a claim for an injury incurred on an elevator.

Getting Stuck in the Elevator

A close up of elevator buttons
If you think that the only time you can sue for elevator injuries is after suffering physical injuries, you may be wrong. You can actually file a claim for being stuck in the elevator. Although it may be hard to prove that you suffered from the incident, the fact that the malfunction may be due to the building owner’s negligence may be sufficient grounds to sue. You may not sustain any physical injuries, but the emotional distress would be a factor in any resulting damages.

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Recently, Edward R. Averbuch, an attorney here at Leav & Steinberg LLP, was successful in helping a client file a lawsuit against his auto insurance provider after they attempted to dismiss his claim.

Ed was representing a war veteran who was rear-ended by a truck while stopped at a light. Although the truck driver admitted that he was at fault to the police, the defendant’s insurance company contested our client’s injuries and moved to dismiss the case by arguing that our client did not sustain a serious injury as required by law.
A police motorcycle parked behind a car accident, representing the personal injury services of Leav & Steinberg LLP in New York, NY

There were two challenges that we faced in this case. First, the injuries sustained by our client are not typically associated with auto accidents. Our client suffered an aggravation of a urethral sling that required cystoscopy and the transurethral removal of mesh inside of his body. Second, our client had complications related to the urethral sling that required surgical intervention on two occasions before the accident.

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The streets of New York City are practically always busy with car and bike traffic. There are several bicycle paths and bike lanes in the city to help ensure the safety of riders. To help ensure your safety and the safety of those around you while riding your bike, you should stay to the right side of the road and follow all traffic laws. Still, even when you’re being as safe as possible, an accident with a car can still happen. If a driver hit you while you were riding your bike, you may be entitled to compensation.

Driver’s Fault

Bike accident and a boyYou can sue a driver if they were negligent or may have crossed into the cyclists’ path. Negligence on the part of the driver may be established based on contributory factors to the accident. A driver owes a duty of care to other road users, including cyclists. Drivers are expected to drive with care and observe all the traffic rules while on the road. You should consult a lawyer who is conversant with bike accident cases to help you seek compensation for injuries sustained.

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Beginning in 2020, all of us here at Leav & Steinberg, LLP made a promise to our clients: With excellent lawyering and exceptional customer service, Leav & Steinberg will continue to be one of the premier firms in New York. While many firm in New York and across the country, find January to be particularly slow, our firm has continued where we left off in 2019; always prepared to go to trial and only when the  provides complete justice for our clients.

Here are just a few highlights of matters resolved this month:

$1,435,000 for a man who had to undergo spinal surgery after a car accident- the defendant challenged whether his injuries were related or serious

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Getting rear-ended is a startling event that will leave anyone feeling unsettled. While worrying about your own safety, there’s a lot to think about after the accident occurs. Understanding who to contact and what steps to take immediately following the accident will make the process go much more smoothly.

Seek Medical Attention If Injured

A woman talking on the phone while standing near a car accident

The first thing you should do if you’re rear-ended is to check for injuries. Seek medical attention right away for anyone in the car who’s in pain. Even if the injuries are minor or you aren’t sure if you’re hurt, it’s still a wise idea to get a second opinion from a medical professional. Some injuries, such as those involving the neck or back, aren’t present until many days after the accident. Additionally, you will want a physician’s notes on file for showing proof of injuries.

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In New York City, walking is one of the primary means of transportation. In fact, a study released by Fitbit found that New Yorkers walk more than people living in any other major metropolitan city—regardless of the season. However, even walking in the Big Apple can come with hazards. Sunken, cracked, or snow-covered sidewalks create obstacles that can lead to serious injury in a densely populated city. If you are injured due to a poorly maintained sidewalk, here are a few tips to determine who is responsible.

What Types of Issues Fall Under Negligence?

A woman walking down a sidewalk in black heels

Property owners are responsible for maintaining reasonably safe conditions in their entryways, storefronts, and, in most cases, the sidewalks adjacent to their properties. If a defect is identified by the city as a danger to the public, the owner must make the repairs in accordance with section 19-152 of the NYC Administrative Code. The following are examples of flaggable offenses that require service:

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Before the National Labor Relations Act (NLRA) was enacted in 1935, employers could take advantage of employee’s ignorance to deny them rights. It took the intervention of the Labor Management Relations Act (LMRA) to customize the federal policy in such a way that it allows employees to voice concerns. The NLRA allows employees to legalize unions as bargaining chips to have their interests represented. Employees belonging to a union are also allowed to reject it as their representative.

What Does the NLRA Entail?

Two labor workers dressed in uniforms and hardhats

This labor law is clear on how employees should be paid and treated at their workplace, stating that:

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Many people assume that it’s the driver’s fault if they hit a pedestrian. However, this isn’t necessarily true. Pedestrians can also be at fault if they act recklessly.

When Is a Pedestrian at Fault?

People walking across the street in new York City

A pedestrian could be liable for an accident if their negligence caused it. Just like drivers, pedestrians have to be cautious and follow traffic laws. If a pedestrian acts recklessly, they can make it very difficult for drivers to avoid an accident. In these cases, the jury may find the pedestrian liable for the accident.

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Partner Daniel T. Leav settled a case at private mediation in November 2019, where Leav & Steinberg LLP represented plaintiffs who suffered injuries in an incident that took place in January 2015. The case was handled from the inception to trial prep by partner Daniela F. Henriques.

The Incident That Caused the Injuries

A construction site representing construction accident personal injury attorneys Leav & Steinberg LLP in New York, NYThe plaintiffs, a mother and daughter, were walking on the sidewalk alongside an active construction site in Queens, New York, when a construction wall collapsed and fell onto them, causing them to be knocked to the ground. The project was massive; it was the construction of a 20-family mixed-use building. There was a construction wall to the left of where the plaintiffs were walking on the sidewalk. There was no flagman; there were no cones; there were no barriers; there was no indication that the sidewalk should not be used. As the plaintiffs were walking past the construction site, they were struck by a heavy piece of construction wall that collapsed and fell onto them. The force of the fence caused both plaintiffs to fall and strike the ground. The brunt of the construction wall struck the daughter’s head and she lost consciousness at the scene.

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Waivers of liability were designed to inform participants of hazards involved with certain activities and protect the individual or company from lawsuits in the event of injury. However, they’re sometimes abused by companies who use the waivers to dodge all responsibility, even in the case of negligence. And, in some instances, waivers of liability are not enforceable in New York. While there are many reasons a party can be found responsible despite the use of a waiver, there are three circumstances that typically nullify waivers of liability.

You Paid for the Service or Activity

A person signing papers while sitting at a desk

It’s not uncommon to be asked to sign waivers of liability at gyms, skating rinks, pools, and other amusement facilities. However, if you paid for entry into these venues, the owners or operators are not exempt from negligence claims under New York law. In these cases, the waivers exist simply to make attendees or participants believe that their legal rights are limited.