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personal injury

  • 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 InjuryDog Bites

    Every Dog Gets One Free Bite

    By Dominique A. Penson

    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 […]

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  • Auto Accidents

    Government Agencies Usually Protected in Car Accident Claims

    By Dominique A. Penson

    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 […]

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  • Train Accidents

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

    By Dominique A. Penson

    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 […]

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  • Auto Accidents

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

    By Dominique A. Penson

    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 […]

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  • Have You Been Seriously Injured?

    Take advantage of a free consultation with a NY-based Barasch & McGarry personal injury attorney, call 888-746-8212 or contact us online.

  • Personal InjuryAuto Accidents

    Legal Options After Being Hit by a Drunk Driver

    By Dominique A. Penson

    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 […]

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  • Medical Malpractice

    Hospital’s Bid to Perform Leg Amputation Upheld

    By Dominique A. Penson

    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 […]

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  • Auto AccidentsPersonal Injury

    Seeking Additional Damages in Hit-and-Run Cases

    By Dominique A. Penson

    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 […]

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  • Personal InjuryAuto Accidents

    Determining Fault in Pedestrian Accidents

    By Dominique A. Penson

    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 […]

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  • Wrongful DeathPersonal Injury

    New York Father and Daughter Charged in Fatal Car Accident

    By Dominique A. Penson

    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 […]

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