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Personal Injury

  • Personal Injury

    New Fireworks Law Leads to “Giant” July 4th Explosion

    By Dominique A. Penson

    At least one high-profile New Yorker took advantage of the state’s new fireworks law, and in doing so reminded us why we had the old law. In November of 2014, Governor Andrew Cuomo signed legislation allowing various fireworks to be sold during specified time periods. One of those periods is June 1st through July 5th, […]

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  • Personal InjuryAuto Accidents

    Bus Driver Involved in Fatal Accident Faces Criminal Charges

    By Dominique A. Penson

    A 23-year-old bus driver from New York has been charged with careless and reckless driving and misdemeanor death by motor vehicle after a fatal accident in early August. All this is happening as the driver recovers from serious injuries of his own. The bus accident reportedly occurred on Interstate 95 in North Carolina, north of […]

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  • Personal Injury

    Cyclist Hits Pedestrian, Then Flees the Scene

    By Dominique A. Penson

    A bicyclist who plowed into a pedestrian on the Upper East Side was caught on film before quickly riding away from the scene. Video footage was obtained via a dash cam in the victim’s car, which showed the aftermath of a cyclist sideswiping the 67-year-old woman. The woman had reportedly parked her car and was […]

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  • Personal InjuryAuto Accidents

    Jaywalker Hit and Killed in Manhattan

    By Dominique A. Penson

    Two separate vehicles struck two pedestrians in Upper Manhattan after the individuals reportedly jaywalked across 207th Street and 9th Avenue, leaving one seriously injured and the other dead. A 1999 Ford Explorer was the first to hit the two, sending the pedestrians flying into traffic. A second vehicle subsequently hit them. Both men were taken […]

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  • Personal Injury

    Arbitration Clauses are Commonplace and Usually Enforceable

    By Dominique A. Penson

    Litigations can get tied up for years in the courts and are often expensive.  Arbitrations, in contrast, typically require much less time, and because the rules of evidence are often relaxed, end up costing less than trials.  In addition, corporate defendants would often prefer to have a case decided by professional arbitrators than a lay […]

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  • Personal InjuryAuto Accidents

    Report: 60 Percent of State’s Pedestrian Deaths in New York City

    By Dominique A. Penson

    A recently released report shows that more than 60 percent of pedestrians who were struck and killed in traffic accidents in the state of New York were hit in the five boroughs of New York City. A total of 732 pedestrian fatalities occurred between the years of 2011 and 2013, according to the report from […]

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  • Personal Injury

    Serious Injury at a Mercedes-Benz Service Center

    By Dominique A. Penson

    Sometimes, the very happening of an accident raises an inescapable inference that a defendant was negligent.  Just such a case recently came before a New York County court.  In Levin v. Mercedes-Benz Manhattan, the plaintiff was seriously injured at a Mercedes-Benz service center.  As he stood under a heavy overhead garage door, the door suddenly […]

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  • Personal InjuryAuto Accidents

    Some Car Accidents Cry Out Negligence

    By Dominique A. Penson

    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 […]

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  • Personal InjuryPremises Liability

    Hotels Must Provide Adequate Security for their Guests

    By Dominique A. Penson

    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 […]

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  • Personal InjuryAuto Accidents

    Cyclist Critically Injured After Collision with Bus

    By Dominique A. Penson

     A cyclist recently collided with a Metropolitan Transit Authority (MTA) bus, leaving him critically injured. The cyclist was reportedly riding at South 5th St. in Williamsburg when he struck the bus. He was taken to Bellevue Hospital and was listed in critical condition. Earlier this year, an MTA bus driver faced charges after hitting a […]

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