New York Personal Injury Lawyer Blog

A New York Injury Lawyer is paying attention to what doctors are saying about what second hand smoke can do to children. A study was done on some preschool students on the effects of smoking that occurred in their home by their parents or family member. The reporter was amazed that it affected these kids in such a profound way that it would raise their blood pressures. This could be considered premises liability.
The observer noted that many of these children who experienced second hand smoke in their home would go on as adults to continue to go through high blood pressure symptoms. On the other hand, if parents were mindful of what effect their smoking had on their children, they would do the right thing and not smoke around their children. The result of this change would help the children to live in a smoke free home and not having to deal with high blood pressure at such a young age.
The New York Injury Lawyer agrees that adults need to take responsibility for their actions and what those actions can do to their children who are at an age where they are so vulnerable. Children in Nassau and Suffolk Counties are at a disadvantage when it comes to parent’s smoking in the home and until this problem is resolved, children are at risk of developing issues with blood pressure and other illnesses such as heart disease and strokes. In addition, these same children may grow up as adults who also smoke in the presence of their own children.

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A commanding officer in the Navy was removed from active duty and assigned to clerical duties recently because of pending charges for assault, sexual harassment and conduct unbecoming of an officer, say New York Injury Lawyers.
Both executive officer and command master chief of the ship have been demoted as well to administrative duty for allegedly witnessing the commanding officer’s inappropriate behavior and not taking action according to court reports. All three have lost partial pay and received letters of reprimand, explained a Navy spokesperson.
Reported inappropriate actions included drunk and disorderly conduct. Even simple acts like poking and tickling were reported, and allegedly took place on and off duty during a six-month period. Two crewmembers came forward with the information and wrong doings, according to reporters.
Charges were handled internally by officers due to the lack of severity of their actions. The officers felt the charges weren’t worthy of a trial or court case.
The Navy takes these types of accusations seriously, an officer said: "We do not tolerate this sort of conduct in the military."
He stated clearly that this case was in no way related to a recent case where another officer was sentenced to a few years in jail and discharged from the Navy after having forced sex in his room with a woman below him in ranking. In New York City and Staten Island, Naval offices are taking note of this situation.
The deputy commander in this case will serve as commander until the next commanding officer reports to the ship a NY Injury Lawyer said.
The other two officers left the ship before the investigation was completed and neither was available for comment regarding the incident and accusations.

Continue reading " Navy moves commanding officers to administrative duties because of sexual assault allegations " »

An attorney has just been suspended for one year from practicing law after being accused in multiple situations of sexual harassment said a New York Injury Lawyer.

After a thorough review of the accused attorney’s case, the Supreme Court suspended him for longer than the original year sentence, and even questioned whether he should be permitted to practice law ever again. According to some of the files, the man was accused of harassing five different administrative assistants. Some of the accusations involved sexual and shocking notes on the women’s desks, whereas some of the woman said they were fondled or touched in a sexual way without consent or sent racy photos via text. The man had been serving as a defense attorney and a pro-tem judge in his local county.

He insisted his behavior was ok because he was good friends with these women and they knew he was joking around. He added that he suffered from low testosterone and that the medication he needed to take, Androgel, caused aggressive behavior and depression.

One man, who felt the suspect should not be reinstated as an attorney, held his position and added that the man absolutely knew his behavior was crossing the line, and still continued with it with these women, according to a New York Injury Lawyer.

Once the man has completed his suspension sentence, in order to be reinstated or even considered, he has had to agree to emotional therapy and has to be able to prove he is sound enough to continue as an attorney. Attorneys like this one are not tolerated in The Bronx or Brooklyn when they behave badly.

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The American Cancer Society has stated that secondhand smoke is hazardous to health, recollects a New York Injury Lawyer. Now a public smoking ban has been put into action in New York City.
Arguments have been made by authorities that smoking bans will reduce modeling of this habit as normal behavior and possibly reduce the chance that the action will be mimicked. It is also possible, that restricting smoking in crowded areas would reduce the risks associated with the hazards of secondhand smoke as well as reducing litter and fires. However, there are not many differenced in the chemistry of the smoke from campfires or burning leaves than that of cigarettes. Bans have not been placed on these other activities because the amount of smoke produced is minimal. Therefore, the banning of smoking outdoors would yield minimal results as to the hazards of secondhand smoke.
Smokers have lost their right to smoke in most public buildings. However, smoke tends to dissipate quickly outdoors. Non-smokers do have the option of avoiding the smoke and if they are concerned for the modeling of this behavior in the public, they have the right to ask the person if they would mind moving to a different place to smoke.
Smokers should continue to have a right to smoke when others’ lives are not put at risk. Non-smokers should have the right to frequent public facilities without being exposed to harmful toxins. A compromise between the two could be reached to satisfy the rights of both, believes a New York Injury Lawyer. Separate sections within a building for smokers and non-smokers were not especially helpful to remove the toxins from the air. However, the concentration of cigarette smoke is abated when outside. Because the harmful substances contained in cigarettes is similar to the toxins contained in grilling smoke, camp fires and leaf burning; evidence does not substantiate the reasoning to ban outdoor smoking. One toxin is just as hazardous as the other. Creating a ban for outdoor smoking for the purposes of reducing the risk of mimicked behavior with children as an acceptable behavior may be morally feasible, but is not backed with medical documentation to support the reasoning. Designated locations at public parks and beaches would be a much more reasonable compromise without infringing upon the rights of either the smoker or non-smoker. The ban is also in effect in Staten Island.

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A high school teacher under investigation for misconduct with a student was involved in a car accident after local police searched her home. A search warrant was issued to the teacher on a Monday afternoon, a few hours before the accident. It is unknown if the teacher intended to harm herself or if she was suffering from extreme stress which caused her to crash her car. Extreme stress can cause people to become disoriented and lose control, points out a NYC Injury Attorney. The teacher was taken to the hospital with unknown injuries.
It is unknown how long the teacher will be in the hospital. The accident occurred after the car hopped over an embankment and landed in a ditch on the other side of the street. A helicopter was used to transport the teacher to the hospital. Her injuries may range from minor to serious and could include broken bones, cuts and bruises, torn muscles or damage to her head, spine or neck. These injuries could take many months to recover from. Whether the teacher will need out-patient care such as physical therapy remains unknown.
As to the charges of misconduct with a student, inappropriate photos of the teacher were posted online which prompted an investigation by the school district and local police. It is unclear if the student posted the photos or if the teacher posted them. The extent of the misconduct is also unknown as this time. Further investigation will be needed as will the teacher's full cooperation after she recovers from the car accident.
No other vehicles were involved in the accident. The teacher may have to give interviews about the alleged misconduct before she leaves the hospital, claims a New York Injury Lawyer. Being able to gather evidence of misconduct while it is still fresh is important in clearing the teacher's name or substantiating other evidence.
The teacher has been placed on administrative leave until the investigation is complete. This would also be the treatment if this happened in New York City or Queens. It is unknown if the teacher will face any charges in the car accident since no other vehicles were involved and no other injuries reported.

Continue reading " High School Teacher Involved in Car Accident and Possible Misconduct with Student " »

A man convicted of killing an 8-year old girl and seriously maiming her father died in prison recently, but monies from his estate may still be used to pay bodily injury, hospitalization costs and restitution to the family for harming the father and ending the life of the little girl. A NYC Injury Lawyer states that the man had just begun serving his 24-year prison sentence for recklessly killing the girl when a fellow inmate stabbed him to death with a homemade knife.
The little girl and her father were crossing the street in the crosswalk when the man hit both while riding his motorcycle. The little girl died as a result of her injuries while the father lost his leg. A new prosthetic leg may cost up to $500,000 along with hospital and physical rehabilitation costs. The man was tried and convicted of murder and sent to prison. Even though he is no longer alive, a judge has ruled that restitution must still be paid to the family using funds from the man's estate.
So far, little of an estate has been found. The man's mother recently filed paperwork to open a probate case to find financial documents and potential assets. The mother has also requested that she be given the motorcycle he was driving at the time of the accident so she can sell it. Any proceeds will mostly likely go to the little girl's family. It is unclear if the man's mother knew of any other assets the man had while he was alive.
The family of the little girl has filed a civil suit against the man's mother, her business and the city where the accident took place. It is unclear if the man's mother will become responsible for paying restitution on behalf of her deceased son.
Since the man's attorney had filed an appeal for conviction before the man's death and since that appeal had not been heard prior to death, according to the law, the man and his estate is released from paying any restitution. There are similar laws in Manhattan and Long Island.An NY Injury Lawyer agrees that the appeals court will have to decide whether to uphold the judge's order or not.

Continue reading " Deceased Man Still Responsible for Paying Restitution to Family Over Death of Little Girl " »

Royal Caribbean’s latest return to Tampa wasn’t so sunny. After a six-day cruise, many guests came down with what the company has called a gastrointestinal illness. Reports of the intensity or cause of the illness were not released at the time of this statement. Everyone seems to be recovering fine from the ordeal.

Passengers and their families were treated for free due to the large amount of people who contracted the illness, states a New York Injury Lawyer. Passengers stated that they couldn’t have been happier with how the situation was handled. From the captain down to the crewmembers, everyone was the epitome of professionalism and decorum. But this is a case of product liability.

After any outbreak of illness, the ship must be cleaned before any new passengers step on board, reported a passenger. This cleaning isn’t the usual run-of-the-mill cleaning that normally takes place between cruises, but an intense ultra-cleaning.

This super cleaning causes problems for other passengers, to the tune of a 5 hour delay in boarding for the next cruise. Passengers were given the option to wait or to not go on the cruise. Passengers had traveled from as far away as The Bronx and Brooklyn.

No one seemed to mind the delay, however. Many people spent the time touring Tampa, while others wiled away the hours in local bars new the port. Royal Caribbean announced that the ship was undergoing “enhanced sanitation” and would be expected to depart by 9:30 p.m.

Continue reading " Cruise Passengers Catch Illness " »

The Food and Drug Administration recently warned health care workers and patients about a gas-reducing drug that could possible increase the risk of hip, wrist and spine fractures, said a New York Injury Lawyer.

The FDA is saying that proton pump inhibitors (PPIs) will soon be changing its label with these additional risk warnings for patience taking the drug and physicians who prescribe it, explained a Lawyer.

The new label with this safety information is based on FDA's review of several studies on patience who have been given larger doses of the drug and that have been taking it for more than a year. These patients had the highest risk for fracture according to the study and most were older than the age of 50.

Healthcare workers and doctors in Manhattan and Queens who prescribe proton pump inhibitors have been advised to consider these possibilities of fractures and to possibly prescribe lower doses to patients who are at higher risks.

He added that patients who are taking prescribed doses of PPIs should make it a point to comprehend how much a risk they are taking. The likelihood of fractures increases with long-term use of the drug and should be managed by a health care professional on a case-to-case basis according to the FDA’s report.

As a general rule, people who are taking the drug for heartburn should take it for no more than 14 days in a row and not take it for that period of time more than three times per year, a NY City Injury Lawyer concluded.

Continue reading " FDA Warns Doctors and Patients about PPIs and Fracture Risks " »

Donald Duck might be costing Walt Disney World more than $200,000 for alleged inappropriate behavior, reported a New York Injury Lawyer.
A 27-year-old woman recently visited Walt Disney World with her small child. While she was visiting Epcot Center, she claimed she approached Donald Duck for an autograph, just as she had been doing with all of the other characters. Just as she was getting her pen and autograph book back, she claims the person in the Donald Duck costume groped her breast.
Almost immediately after her visit, the woman filed a federal lawsuit against Walt Disney World that would seek more than $200,000 in damages. The woman claimed she had been experiencing post - traumatic distress and hadn’t been able to sleep after the incident.
The woman called Donald Duck’s actions, “physically menacing” in her lawsuit and she said that it ruined the rest of her vacation with her family claiming that her trust in these characters completely changed. Disney has not yet released a statement but an Injury Lawyer in NY says the Corporation takes these types of allegations very seriously and will likely compensate the woman fairly for her pain and suffering.
Other charges like this have been filed before. Several similar claims against a man in a Tigger costume were filed not long before this case. Some argue that the people in these costumes can’t really see what they’re doing and most of the claims against them are false or misunderstood. Places in Staten Island and Westchester County are taking note of this case.
A spokesperson for Walt Disney was unavailable for comment.

Continue reading " Walt Disney faces charges for Donald Duck allegedly groping a woman’s breast " »

Mystery car accidents are frustrating for the police, particularly when it involves children, as in this case, commented the New York Injury Lawyer. The 15-year old was ejected from the car she was riding in when it veered off the road and went into a roll over. She was dead on impact with the ground.
The vehicle in which she was riding had been headed to the nearest town and was being driven by an 18-year old young man, who didn’t have that much experience driving. Ambulance crews took him to the hospital, where he was treated for minor injuries and discharged. As soon as he was discharged, he was arrested. Another 21-year old man was arrested at the scene of the accident.
Police aren’t certain yet as to what happened to cause the first car that the young girl was riding in to go off the road, but they have suspicions that the two cars that were traveling together, were speeding and racing one another. The police are asking for any eye witnesses to come forward and help them with the investigation. They particularly want to talk to anyone who saw the blue Corsa before it flipped or a white Ford Fiesta. They’re hoping they can get to the bottom of what caused this fatality. Authorities in Nassau and Suffolk Counties are watching this case carefully.
The family of the young girl will be completely devastated and likely want to investigate filing a wrongful death lawsuit. In order to do that, they need to take their case to an experienced New York Injury Attorney.

Continue reading " Mystery car wreck kills one " »