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Barasch McGarry Salzman & Penson PC
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Tag Archives: personal injury

Every Dog Gets One Free Bite

In a landmark decision covering two cases, Doerr v. Goldsmith, and Dobinski v. Lockhart, New York’s highest court reaffirmed the vitality of its prior decision in Bard v. Jahnke.  Bard established that in New York a domestic animal owner cannot be held liable on a theory of negligence for injuries caused to someone by a domestic animal, even a breeding… Read More »

Government Agencies Usually Protected in Car Accident Claims

If you have been involved in an accident that somehow involves a negligent government agency or employee, you might find that there are some tough roadblocks to obtaining compensation that do not exist in other types of claims. There is a policy that exists in these cases known as governmental or sovereign tort immunity, which… Read More »

Lawmakers Propose Use of New Technology to Prevent Further Metro North Accidents

Rep. Sean Patrick Maloney from the 18th district of New York is pushing for the use of new technology in the state’s mass transit system to prevent further accidents like the deadly Metro North crash that took place in early February. He and Rep. Nita Lowey of the 17th district have been working on a… Read More »

The Risks Posed by Snow and Ice Storms Extend to Cases Arising Out of Them

Be careful when you venture out into a snow or ice storm.  And be even more careful when you bring a case arising out of a slip and fall on ice or snow.  Most such cases end up getting dismissed by the courts.  New York hews to the “storm in progress” rule.  A property owner… Read More »

Legal Options After Being Hit by a Drunk Driver

If you find yourself in an accident caused by a drunk driver, you have a high likelihood of being able to get compensation for your injuries and for your pain and suffering. However, it’s important to take a step back and analyze the legal options you have available to you before jumping right into a… Read More »

Hospital’s Bid to Perform Leg Amputation Upheld

A reminder why it’s so important to designate a health care proxy for yourself A Brooklyn appellate panel said doctors at North Shore LIJ/Forest Hills Hospital adequately showed they had to perform a leg amputation on a woman with mental health issues, despite her objections. The hospital petitioned for court permission to perform the below-the-knee… Read More »

Seeking Additional Damages in Hit-and-Run Cases

A hit-and-run differs from standard accident cases in a variety of ways, most notably that it will result in criminal charges when the offender is found. This means that in addition to the major fines that a person could face in civil litigation, he or she could also face probation, license revocation and prison time… Read More »

Determining Fault in Pedestrian Accidents

Fault in pedestrian-car accidents isn’t always as clear-cut as one might think. While the tendency is for people to believe the driver is always at fault, there are situations in which the pedestrian may be liable for the accident that occurs, even though the pedestrian is far more likely to be more severely injured than… Read More »

New York Father and Daughter Charged in Fatal Car Accident

A 15-year-old girl from Scarsdale, New York and her father have been charged in a car crash that led to three deaths. According to authorities, the underage daughter of Michael Ware was behind the wheel of a car despite not having her driver’s license, then got into an accident that led to the deaths of… Read More »

Queens Jury Gives $62 Million Payout in Construction Accident Claim

Zeng Guang Lin, a 26-year-old Chinese immigrant, was awarded $62 million by a jury in Queens in a personal injury lawsuit in 2008. Lin, who was working for Hutch Realty at the time of the accident, was not provided a safety harness while working on a roof for his construction job. As a result, he… Read More »