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Office Location: 11 Park Place Suite 1801, New York, NY 10007-2811
Barasch McGarry Salzman & Penson PC
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Tag Archives: personal injury lawyers

When You Bring a Law Suit, You Give Up Certain Rights to Privacy

When you bring a law suit for personal injuries, you are required to waive privileges you otherwise have to keep certain matters private or confidential. For example, a person’s medical records are ordinarily confidential.  But if you sue someone, claiming that they caused you injury, you waive the right to keep records of treatment for… Read More »

Amtrak Faces Only Limited Liability for the Crash in Philadelphia

Regardless of how negligent Amtrak may have been in causing the train derailment and crash in Philadelphia, killing at least seven people and injuring dozens more, its liability for the accident cannot exceed $200 million.  The cap applies to all passenger railroads, and it includes punitive damages, which may come into play if the train… Read More »

Studies Show 2014 was the Safest Year for NYC Pedestrians in a Century

Mayor Bill de Blasio has made curbing the number of pedestrian deaths in New York City a huge priority during his tenure so far. His administration implemented the Vision Zero plan in early 2014 with the goal of bringing the number of pedestrian deaths down to zero over the course of the next decade. So… Read More »

Appeals Court Reverses Ruling in Favor of Injured Passenger in Train Accident

A Court of Appeals recently reversed a decision made by the Appellate Division, First Department to apply res ipsa loquitur in a case involving a Metro-North Railroad train’s swinging ceiling door that reportedly injured a passenger. The passenger, who was at one time an administrator at the Montefiore Medical Center located in Yonkers, claims to… Read More »

Poor Driving: Bad Prognosis

It happens every day. In traffic, one vehicle cuts off another vehicle, an accident occurs and oftentimes, someone is hurt. In mid-May, a Fresh Meadows, Queens man was walking the tree-lined sidewalk of his neighborhood in the early morning. Even at that hour, passing traffic jockeyed for position on Utopia Parkway. As the man took… Read More »

Woman Injured in Elevator at Fenway Park

In May, the Red Sox lost to the Tigers — and a young woman lost a bright future when she was injured in an elevator accident at Fenway Park. On Friday, May 15, Elisabeth “Lizzy” Scotland graduated from the Boston University School of Management. She ended her day in the hospital after an accident almost… Read More »

NTSB Makes Recommendations to Improve Truck Safety

In a bid to increase the safety of tractor-trailers, the National Transportation Safety Board (NTSB) recently issued broad recommendations to the National Highway Traffic Safety Administration (NHTSA). Large truck fatalities continue to plague roadways in New York and throughout the United States. According to NHTSA, there were 100 fatalities in New York from large trucks… Read More »

School is Out: Tips for a Safe Summer

For children the sun is fun — and also dangerous. In April of this year, a nine-month-old California boy was left strapped in his car seat parked on a neighborhood street when his father went to work. The father, a diligent dad with two other children, forgot his son was in the car. On his… Read More »

Fatigue: A Serious Factor in Transportation Accidents

The voices of two pilots from the grave may someday impact legislation concerning human fatigue. On August 14, 2013, a United Parcel Service (UPS) Airbus plowed into an Alabama hillside after an early morning flight from Kentucky. The flight crew of two and the airplane were destroyed. The National Transportation Safety Board (NTSB) undertook investigation… Read More »

Train the Trainer: Dealing with Basketball Injury in Schools

Across the country, about one million students play basketball. A recent study looked at more than two million injuries suffered by school basketball players between 2005 and 2010. Researchers explored treatment that occurred on the premises where the injury occurred versus a hospital emergency department. Findings of the study include the following: During the term… Read More »