Syracuse Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Schools and Legal Responsibility

Joe Stanley — Mon, 10 Dec 2007 16:51:21 GMT

School Districts have a special responsibility to take care of our children. They sit in the shoes of parents during the school day. Parents need to work with their school district to keep our children safe. Children are at risk for falls , bus accidents, and attacks from other students. If any thing goes wrong much sure a report is filed. Claims against school districts generally require immediate legal help. so dont be afraid to call a lawyer for help

For more information on this subject, please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Joe Stanley

Dog bites - Landlords and Tenants

Rob Quattrocci — Tue, 09 Oct 2007 08:36:31 GMT

Being attacked by a dog can be a traumatic event however unfortunately the law makes it very difficult to recover for your medical expenses or for the injury itself. The first hurdle is findling someone with insurance. This is difficult if the owner does not own a home but rather rents. In those circumstances the landlord can only be held responsible if the attack occurs on his property and he is on notice of both the dogs presence as well as that the dog had prior aggressive tendencies. These issues are difficult to prove and require immediate investigation. If you have been attacked and have any questions please do not hesitate to contact our office.

Originally posted at InjuryBoard by Rob Quattrocci

Dog Attacks - Syracuse

Rob Quattrocci — Tue, 28 Aug 2007 16:13:09 GMT

The Michael Vick situation has finally brought national attention to a large problem - owners who breed their dogs to attack. In Syracuse, a small town by national standards, I have come across numerous instances where people own pit bulls and other such dogs and purposely breed them to be aggressive. These individuals may or may not fight these dogs for money, as Vick allegedly did, however they train them nevertheless. As a result, more often than not innocent children get attacked and seriously injured. In addition, these individuals likely have no insurance and thus leave these families with both the permanent scarring as well as the medical expenses.

In New York we also have a "one bite rule" that improperly gives dog owners the protection of not being liable unless a Plaintiff can show prior dangerous propensities. As these owners never admit that the dog is dangerous it leaves the injured party in a position to show these propensities which is very difficult.

Originally posted at InjuryBoard by Rob Quattrocci

Insurance companies are always right

Joe Stanley — Mon, 27 Aug 2007 11:18:23 GMT

Most people fail to realize that even if they have liability insurance that does not mean that their insurance company will come to their defense if they get sued, especially in New York. New York, unlike most states, does not require insurance companies to be prejudiced if their insureds fail to comply with some technical and unfamiliar rule in the insurance policy.

New Yorks legislature passed a bill to help consumers faced with this potentially very expensive problem. Unfortunately for no good reason the governor vetoed the bill. As a result insurance companies can continue to use unfair and technical excuse to avoid payment

For more information on this subject matter, please refer to the section on Premises Liability and Slip & Fall.

Originally posted at InjuryBoard by Joe Stanley

Jet Skiing Safety

Joe Stanley — Mon, 06 Aug 2007 15:58:55 GMT

A recent near tragedy with jetskis show the need for safety using equipment of any kind. Crashes and injuries result if we are not careful.

Originally posted at InjuryBoard by Joe Stanley

More on Summer Safety

Joe Stanley — Mon, 06 Aug 2007 15:38:24 GMT

Drownings children left cars, car crashes all horrible stories of things that can go wrong. Please be careful Dont be a statistic protect our families.

Originally posted at InjuryBoard by Joe Stanley

Accidents and record keeping

Joe Stanley — Tue, 17 Jul 2007 08:58:13 GMT

Any time you are involved in an accident or are injured documenting your injury and how you were hurt is very important. Unfortunately time and time again those who are supposed to assist you become your worst enemy. Medical records are a very good example. If the information in your medical records is incorrect it can be fatal to any claim for personnel injury. If the facts of how you were hurt are wrong or or inconsistent the insurance companies will claim you are not being truthful. If the medical records are incorrect or inconsistent as to injuries or complaints the same defense will be raised. Mistakes in records happen all the time and it is the injured party that suffers.Be Careful what you say and check records of any kind before you sign them to make sure they are accurate.

For more information on this subject matter, please refer to our section on Medical Malpractice.

Originally posted at InjuryBoard by Joe Stanley

Pants Case

Rob Quattrocci — Tue, 26 Jun 2007 15:42:47 GMT

I believe that everyone has heard of the case of the gentleman suing a dry cleaner for in excess of 50 million dollars for losing his pants. Every news organization is broadcasting that the case was dismissed and arguing that cases like these are the reason we need tort reform. However, the system did what it is supposed to i.e. dismissed a meritlous case. Look, every profession has members that do not represent the norm. I am sure we have all had the pleasure to encounter people in other professions that are dishonest and the legal profession is no different however most attorneys are ethical. I think we all agree that the case should of been dismissed yet it should not be used to reflect on the profession as a whole.

It is remarkable is that tort reformers are using this case to preach the need for change. I find this bizaree as the system in this case worked and the case was dismissed. I could see preaching reform if the Plaintiff won however not when the case was dismissed. Anyone in this country has a right to represent themselves and that is what this individual did in the pants case. It is for the system to tell the individual that he had no case and that is exactly what was done here. It was an unfortunate expereince for the dry cleaner however we are all presented with unfortunate situations and at least in this one the dry cleaner came out unscathed.

In addition, comparing the pants case to the McDonald's case several years ago is like comparing apples to oranges. The Plaintiff in McDonald's received punative damages i.e. not damages for the injury but rather damages to punish McDonald's for improper business practices. In that case McDonald's was found to be buying cheap coffee and super heating it to save money however we do not hear this fact on any news station.

Speaking from expereince very few Plaintiff's receive windfalls at least not in the New York courts. The cases are well defended and take years to resolve. I would ask the public to ignore the rhetoric regarding the pants case and tort reform. I can tell you one thing even if tort reform was instituted you would not see lower insurance premiums but rather the insurance companies would make more money - it would be no different than gas - corporations in this country make the money not the individual.

http://www.mysanantonio.com/opinion/stories/MYSA062507.02O.WeekleyComment.280fcfd.html

Originally posted at InjuryBoard by Rob Quattrocci

Outdoor Recreation and Injuries

Joe Stanley — Thu, 21 Jun 2007 08:59:27 GMT

14-year-old Girl Rescued from Chittenango Falls Gorge. This story represents the hazzards that lurk when we enjoy the outdoors. Be careful and appreciate the dangers of nature.When in large groups make sure everyone knows the general safety rules and what to do if there is a fall.

Originally posted at InjuryBoard by Joe Stanley

Scuba Diving and Common Sense

Joe Stanley — Wed, 13 Jun 2007 11:53:45 GMT

: Police Identify Scuba Diver Found Dead in Lake. This story highlights what can happen if we dont investigate and evaluate experts who are involved in some type of hazardous activity. If you are trusting your safety or your financial security to someone check them out. the same goes for attorneys Talk with them and personally evaluate what they do and can do for you in any car crash or any situation where a serious in jury or harm has happened.

Originally posted at InjuryBoard by Joe Stanley