Articles Tagged with “NY premise liability”

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On March 15th, 2020 our State and City closed due to the COVID-19 crisis.  Many businesses were shut and sadly thousands of New Yorkers were unemployed or furloughed.  Many of those were clients of Leav & Steinberg, LLP.  Those clients had been seriously injured prior to this health crisis and had relied upon Leav & Steinberg and its staff to be there to help them obtain complete justice.  While our firm had to work remotely, our entire staff and attorneys committed to continuing the tradition we have had for the last 21 years: By providing excellent lawyering and exceptional customer service Leav & Steinberg, will be the premier firm in New York for representing all New Yorker’s who have been injured and deserve justice.  Below is just a sampling of the matters we have resolved during the COVID-19 crisis up to April 29th, 2020.

  1. $812,000.00 settlement at a virtual court conference and virtual mediation for a 65 year-old retired Department of Education aide.  Client slipped a fell on water leaking from a hole in the lobby of her building caused by a plumbing leak.  The building owner and a contractor were aware of the condition prior to the accident.  Client did not report the accident but did seek emergency treatment the next day for neck pain.  Client eventually underwent cervical spinal surgery.  The defense argued her cervical problems were pre-existing as she had treated for her neck and her lower back prior to this.  The client was on dialysis and was suffering from other unrelated illnesses.  Further, unrelated to the accident, the client was diabetic, suffered renal failure, and was on was on dialysis.
  2. $225,000.00 settlement at virtual mediation for a Plaintiff was lawfully operating her motor vehicle when she was rear ended by a truck.  The truck argued that it did not see the plaintiff’s vehicle and as a result our firm moved and won summary judgment.  The client sustained a knee injury and underwent arthroscopic surgery; but no tear was found.  We were able to show the films and reports to an expert radiologist who opined that other injuries were sustained.
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Though our country has gone through a turbulent time with the recent election, we understand that many have become frustrated and upset with even discussing the topic of government and politics.  However, it has come to our attention that certain elected government officials have put forth a bill which would severely curtail the rights of all citizens and reduce our access to the Court system as well as the right to receive fair and adequate damages for serious injuries.

This week, the House will vote on a number of bills that will make it difficult for accident victims to seek justice in our nation’s courts. If these bills pass, it will make it nearly impossible for Americans, who are injured in accidents, and their families to pursue legal action. The so-called “Protection Access to Care Act of 2017” [H.R. 1215] will rig the system against us by allowing insurance companies and big corporations to prevail.

You can view the details of the bill by clicking on   HR 1215 Bill.   As you will note, the bill, sponsored by big business and the insurance lobby, sets a cap of $250,000 for all claims of pain and suffering for any person bringing a Health Care Lawsuit.  Such a lawsuit will include all claims of medical malpractice, nursing home negligence and any other claim involving any other health care provider.  If we stop for just one moment and think about this.  An elderly woman who is caused to sustain serious and permanent bed sores while in a Nursing home and suffers for 2 years in awful pain, undergoing debridement (scraping of the necrotic skin) procedures will be limited to $250,000.00 in damages.  A child who suffers a loss of oxygen due to delay and error by the doctor and nurses while being delivered and is rendered handicapped and special needs for the rest of their life; will be limited to $250,000 for their pain and suffering.

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When Lt. Brendan Connolly a New York City Firefighter was responding to a local emergency, the dangers of being a firefighter were always in the back of his mind.  Smoke, trapped locations, innocent victims needing help.

However, the roads of New York City are often so dilipadated and filled with potholes and ruts that when his fire truck hit a recurring defect in a city street of Cypress Hills, Queens his life would change forever.

As reported here in the New York Post, Lt. Connolly fractured his spine and has been rendered disabled from working because of a sinkhole that has been recurring.  Neighbors report that this problem has been recurring for years.  Yet, the ability to legally recover against the City of New York for this defect is fraught with many hurdles.  Some nearly impossible to overcome.

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Every day, thousands and thousands of people go to the grocery store or corner market to buy food and other items that they need for daily life. For the most part, these visits are the same. People enter the store, pick out the items they wish to purchase, check out at the cash register and then leave the store to go home and enjoy their purchases. However, not every visit to the grocery store is without incident, as there are dangers inherent to grocery stores, some hidden and some are more obvious.

Some may sneer at these sorts of incidents, but the fact remains that premise liability incidents occur frequently and local residents are hurt all the time as a result.

As most people know, grocery stores stock produce for customers to purchase. Most produce displays are set up in a way to be attractive to the consumer, without regard to safety. It does not take much for a piece of fruit, like a grape, to get knocked off the display and end up on the floor. Once the grape is on the floor, it becomes a slipping hazard. When a grape is squashed, it becomes slippery and may be enough to cause a customer to slip and fall.

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