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Barasch McGarry Salzman & Penson PC
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Tag Archives: personal injury

Child Accidentally Drives Over a Toddler on Staten Island

A five-year-old reportedly got behind the wheel of a running van on Staten Island, put it into reverse and backed over a toddler. The two-year-old child was critically injured and was taken to Richmond University Medical Center for treatment. The accident occurred while a woman was placing another child into the backseat of the van…. Read More »

Crash on Whitestone Bridge Leaves Nine Injured

Four vehicles recently collided on the Whitestone Bridge, entangling traffic for an hour and leaving nine people with significant injuries. The accident occurred on the Queens side of the bridge in the southbound lanes. All of the victims were reportedly taken to local hospitals for treatment, according to officials who arrived at the scene. Motorists… Read More »

Some Car Accidents Cry Out Negligence

In the vast majority of personal-injury cases arising out of a car accident, the question of whether a given driver acted negligently must be decided at trial by a jury.  It cannot be decided before trial by a judge as a matter of law.  But, there are exceptions.  Some accidents speak so loudly to a… Read More »

Hotels Must Provide Adequate Security for their Guests

By Chaucer’s time, English common law recognized the responsibilities of innkeepers to their customers. The innkeeper was required, among other things, to provide food, lodging and a safe harbor for guests. These principles were carried across the Atlantic and, by and large, helped shape our own hotel keepers’ duties. In regard to security, a hotel… Read More »

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 »