New York Personal Injury Lawyer Blog

A lady was walking outside a restaurant located at 1396 Third Avenue in Manhattan. The restaurant had a permit from the City of New York to set up café tables and chairs on the sidewalk. On the sidewalk there was a tree providing shade for the café tables. Sometime on March 21, 2008 as the lady was walking past the café, she stepped on a raised sidewalk flagstone and that caused her to trip and fall.

She sued the owner of the premises and the owner of the premises sued the tenant (the café) and the insurance company. After the deposition of the lady, the building manager and the café manager, the plaintiff filed a motion for a partial summary judgment against the building owner and seeks that the building owner be declared as liable under the Sidewalk Law of New York. The building owner filed a motion for summary judgment asking the court to dismiss the lady’s complaint against it. According to a New York Injury Lawyer, the insurance company asked the court for a summary judgment to dismiss the complaint of the building owner against it.

The Sidewalk Law of New York provides that the owner has the duty to maintain the sidewalk outside its premises in a reasonably safe condition and failing to do so, the building owner shall be liable for any injury. This duty to maintain the sidewalk in a reasonably safe condition cannot be delegated. The Court held that since the Sidewalk Law clearly puts the duty on the owner to maintain the sidewalk, and there is evidence that the building owner owns the property which abuts the sidewalk where the lady tripped and fell, the lady’s motion for partial summary judgment against the owner declaring him liable for her injury is granted.

A Manhattan Personal Injury Lawyer said that just as the Court declared that the building owner is liable for the injury sustained by the lady from the raised sidewalk flagstone outside the premises, the Court also declared that the building owner’s liability is not strict. Its liability will arise only if it is established by evidence that the building owner created the defect in the sidewalk or had constructive notice of the defect (the raised flagstone) but did not do anything to repair the defect. The Court also declared that the building owner can agree with the tenant of the premises to allocate the liability and even procure insurance for the benefit of the building owner and the tenant.

The building manager categorically testified during her testimony that she had never observed any raised flagstones around the premises or received complaints concerning any dangerous condition on the sidewalk. A Suffolk County Personal Injury Lawyer said she categorically stated that the café manager never informed her of any raised sidewalk flagstones and that she does not remember if any repairs were made on the sidewalk prior to the date that the lady tripped and fell on the sidewalk. During the same deposition, she also stated that she walked past the sidewalk on the way to her office in the higher floors of the building everyday for three years prior to the date of the lady’s accident.

But the testimony of the café manager totally contradicts the testimony of the building manager. He testified that in the spring of 2008, before he learned that a lady had tripped and fallen on the sidewalk, he painted the edge of the sidewalk yellow. He painted with similar yellow paint that area of the sidewalk that surrounded a tree to alert passersby and pedestrians of a possible tripping hazard. He testified that he had observed that the roots of the tree were causing some of the flagstones to be cracked and raised. He also testified that for fear that someone might get injured; he talked with the building manager herself and to clarify who was responsible for having the raised flagstone repaired. He testified further that the building manager gave him a printout of contact numbers of City offices which might be able to help him with the repair of the sidewalk.

The Court ruled that since there are discrepancies between the testimony of the café/restaurant manager and the building manager, these discrepancies raise issues of fact that must be tried by a court. The Court accordingly dismissed the motion for summary judgment filed by the building owner.

The lease contract entered into by and between building owner and the café/restaurant owner provided that they should both procure an insurance policy that will indemnify them for any claims for negligence that may be filed against them.

The insurance company moved for a summary dismissal of the complaint filed against it by the building owner and the café/restaurant owner. Because the insurance covered only bodily injuries sustained within the premises of the insured building. The insurance company reasoned that since the trip and fall occurred on the sidewalk and not in the building, it is relieved of its obligation to indemnify the building owner or the café.

The Court rejected this reasoning of the insurance company and it ruled that the sidewalk must be used to gain access and entry into the premises of the café. Without using the sidewalk, the patrons of the café will not be able to enter the café. The sidewalk then must be considered as part of the use of the premises of the café for the purpose of determining the liability of the building owner, the tenant and the insurance company.

The Court denied the building owner’s motion for summary judgment and his motion to dismiss the complaint. The insurance company’s motion to dismiss the complaint of the building owner against him is denied. All other issues of fact still remaining are remanded for trial.

Perhaps you have also tripped and fallen on a sidewalk and you are confused as to whom to sue for damages to compensate you for your injuries: know your rights and know your legal recourse. At Stephen Bilkis and Associates, they have ably trained lawyers who can listen to you and recommend the best course of action to secure compensation for your injuries.

A former judge for the city of Dallas, Texas may file a lawsuit against the city claiming she was wrongfully terminated after she turned down the sexual advances made by a fellow judge. The city council had decided not to renew her contract with the city and let her go last June, claims a New York Injury Lawyer. According to those on the council, the complaints filed against the other judge were unfounded. Even though most colleagues did not come to the former judge's defense, the current mayor of Dallas said that he thinks the judge was let go because she filed a sexual harassment complaint.

According to a Manhattan Personal Injury Lawyer, the former judge claims that when she dismissed the other judge's sexual advances, he made it very difficult for her to complete job tasks. He gave her more work than she could handle, refused to purchase a new computer for her office and encouraged the city council to release her from service and not renew her contract. The other judge denies all of these allegations.

At least one female co-worker may be called to the witness stand to recall comments made to the former judge that could be considered sexual harassment, alleges a New York Injury Lawyer. Depending on the number of other witnesses, the former judge may or may not have a solid case. Proving sexual harassment at the workplace can be difficult, especially without concrete evidence such as email correspondence, voice mail messages or multiple witnesses.
It is unclear whether the former judge with go through with her threat to sue the city. Depending on her personal circumstances, it may not be worth putting her family through the embarrassment of a court trial. If she files a lawsuit, the former judge says she will ask for back-pay, front-pay and payment for the loss of fringe benefits. It is unknown at this time if she will file a civil suit against the judge that allegedly harassed her.

It is unknown at this time if the former judge has found a new job or if she is still looking for an appropriate position within the Texas legal system.

Meet with an experiened legal counsel who can explain your rights before and during all court proceedings. Councel will help you prepare your case and help you collect any monies owned to you if you've been seriously injured in an accident.

Whether you have a workers compensation claim, have had a car accident, or have been the victim of a construction accident, contact Stephen Bilkis and Associates for advice and a free consultation. We will answer all your questions, and ensure that your rights are protected throughout the legal process.

We have offices throughout New York City for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island. Call us today for an appointment at 1-800-NY-LAW.

Seven people were taken to the hospital after a truck overturned in Stellenbosch. Two of those people died as a result of their injuries. The other five are in serious condition. It is unclear how the accident occurred, but local police officials are continuing to investigate. They will have to interview the survivors and witnesses at the scene to get a better idea of how this tragedy happened, claims a New York Injury Lawyer. Few details are available at present.

Injuries from this accident range from broken bones to lacerations. Some of the injured have suffered fractures and broken legs while the driver has a serious head injury. When the injured will be released is unknown at this time. They may need out-patient care until their injuries heal. The two people that died were local workers who may have been working for the company that owns the truck that overturned.

A Manhattan Personal Injury Lawyer states that without more evidence, it will be impossible to determine the cause of the accident. No other vehicles were involved. Local police officials will have to inspect the scene of the accident, the truck and ask many questions of those who witnessed the events leading up to the accident. It is never easy to piece together an accident scene when little evidence remains. Mechanical failure, human error or carelessness on the part of the driver may have caused the deaths of two people.

The accident occurred on a Monday afternoon around 3pm. It is unknown if this time is a busy time on local roadways. It so, then it was luck that prevented other people from being involved in this accident. It is unclear why the truck was traveling on this road at this time. The truck may have been transporting workers, materials or both to local worksites or it may have been on its way to pick-up materials. Further investigation into the reasons why the truck was in the location is important. The company that owns the truck should be able to provide these important details.

If you have been injured in an accident, it is important to speak with legal counsel as soon as possible. You may be entitled to just compensation for your injuries, which can include reimbursement for medical expenses, pain and suffering, and loss of income. It is important to act promptly however, as there are strict filing deadlines with these types of cases.

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A convicted sex offender accused of kidnapping and raping an 11-year-old girl, then holding her captive for 18 long years was expected to plead guilty. Instead, due to allegations from the kidnapper’s lawyer that the jury was improperly selected and acted in an inappropriate manner, the kidnapper entered not guilty pleas to charges of kidnapping, rape, and other charges, according to a New York Personal Injury Lawyer.

The kidnapper’s public defender claimed there were problems with the jury during a brief hearing where the kidnapper and his wife made their pleas. The public defender did state she had questions about the racial and geographical makeup of the jury that first indicted the couple for kidnapping and imprisoning the young girl, who is now 30 years old.

According to a Superior Court judge, the defense had raised “issues about the process itself before the grand jury” and whether the panel “acted appropriately during the proceeding.” He told the public defender that she had to submit her statement writing, and also told her he would seal the motion once it was submitted.

According to a New York City Personal Injury Lawyer, the lawyer for the kidnapper’s wife had stated earlier that the 60-year-old accused kidnapper intended to plead guilty, and that he had agreed to spend the rest of his life in prison. The public defender was not pleased with the other lawyer’s statements to the press.

“He shouldn’t have been speaking for [my client]. He should speak for his client”. The alleged kidnapper’s attorney explained that he only learned about the other attorney’s plans the day before the hearing. Neither one of them wished to comment further about just what problems they found in the grand jury.

The district attorney of the area said he was not bothered by the challenged to the grand jury. He expected everything to proceed as it had been.

“My responsibility is to see that these two are held accountable for the enormity of their actions,” he said to a Manhattan Personal Injury Lawyer. “We are determined to do that.”

If you have been hurt by another, it is important to act promptly and get legal advice as soon as possible. In many instances there are strict time deadlines within which you are able to file a claim. Be sure to contact legal counsel as soon as possible.

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According to a New York Personal Injury Lawyer, an accident on Interstate 30 in Fort Worth resulted in a fireball that killed a father. The suspect is now imprisoned and the highway is seriously damaged.

“Well, I’m really sorry,” said the 23-year-old suspect. The police received calls around 2:30 a.m. about a driver traveling in the wrong direction on the highway.

Only a few minutes later, a terrible car accident occurred, where a 45-year-old fuel tanker truck driver was killed when the suspected drunk driver collided with his vehicle.

The suspect had only a few stitches above his eye and felt remorseful when told about the surviving family of the truck driver, his wife and three children.

“I know I committed an accident, a real bad accident,” he a Manhattan Personal Injury Lawyer. “I feel sorry for the family that lost that person.”

The suspect had only been in the Fort Worth area for a few months, after arriving from Washington State, intending to start his own restaurant. He ended up at a bar, and had about 10 beers. He doesn’t recall anyone telling him not to drive.

“I am very sorry. Really, really sorry. My mistake. Bad decision that I made,” he said. “I am really sorry. Really sorry.”

The suspect said he did not remember getting on the road in the wrong direction. He does not remember the crash or the explosion that killed the truck driver. He only remembers being wakened by a police officer in the hospital who told him he was going to jail for killing someone.
“I wish someone could help me,” the suspect told a Bronx Car Accident Lawyer.

The Texas Alcoholic Beverage Commission is investigating the bar and bartender where the suspect was drinking. If it can be determined that the served him after he was allegedly intoxicated, the owner may go to jail and its liquor license could be revoked.

There are going to have to be extensive repairs to the road, damaged by the explosion. The Texas Department of Transportation says these repairs may take months. Steel beams have to be made and the surface of the road has to be replaced.

These types of incidents hurt so many. Not only the defendant, who can face serious legal consequences for their actions, but also the unsuspecting victims whose live are often cut short by these offenses. If you have been charged with a DWI or similar offense, it is important to seek legal counsel right away. Whether you are guilty or innocent, these charges can have a lasting impact on your life. If you are found guilty, you may be facing prison time, substantial fines, probation, community service and loss of your license. Even if you are innocent, these types of charges can create problems with your personal and professional life.

Continue reading "Wrong-Way Driver in Fort Worth Apologizes for Crash" »

Terrorists struck in the Belarusian capital of Minsk, setting off a bomb in an escalator packed with commuters. The blast killed 11 people and wounded 100.

The bomb exploded at the height of rush hour, at 6 p.m. as commuters were attempting to catch two trains in the busiest station of the city, which has a population of 1.8 million people.

Video captured by ordinary citizens, then posted online, showed passengers of the trains stumbling out of the Oktyabrskaya station, with smoke billowing out of the tunnels.

“I heard a muffled sound, like someone opening a champagne bottle, then the wave from the blast blew out the windows in the [train] carriage,” a witness reported.

One image shows a middle-aged woman with shopping bags all around her, propped up against a wall of the station. Her legs had been shattered by the blast. Her fellow commuters were attempting to tend to her until medical help arrived.

Part of the station was demolished by the explosion. A New York Injury Lawyer has learned the station is very close to the office of the president of Belarus.

No one has yet claimed responsibility for the destruction, nor has there been any motive ascertained. Belarus’s neighbor, Russia, has a great many problems with jihad, but Belarus has never faced such enemies.

There is national tension in Belarus over the reelection of the current president to a fourth term. Many see the man as an autocrat and the most recent election sparked protests against what many feel was an unfair election.

When someone is hurt and unable to work, for however long that may be, it means loss of income. Compound that with medical bills, and it could mean financial disaster for any family. A Manhattan Personal Injury Lawyer will fight to prevent individuals and families from losing everything they have due to the actions or negligence of someone else, allowing clients to recover and take care of their families again.

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An NPYD precinct commander was savagely beaten by her ex-cop husband, suffering a broken bone and a hospital stay, but he managed to get escape time in prison by pleaded guilty to drastically reduced charges.

The ex-cop, 47, trailed his wife, a deputy inspector and commanding officer for a precinct in Bedford-Stuyvesant, to a home on Long Island, on March 21. He waited for her to emerge, and when she did, he confronted her and assaulted her there on the front lawn, police sources explained to a reporter. The attack broke several of the victim’s ribs.

Hearing the screams of the woman being attacked, a detective with the NYPD Joint Terrorism Task Force came to her assistance and the ex-cop fled. According to the ex-cop, upon being questioned later, his wife, 46, was having an affair with the detective who rescued her.

Before a judge, the ex-cop pleaded guilty to two misdemeanors, third-degree assault and trespassing. He also pleaded guilty to a violation, disorderly conduct. For these crimes, the Suffolk County judge presiding over the case ordered him to attend domestic violence classes and issued an order of protection for the ex-cop’s wife. The judge also gave the ex-cop three years of probation. After nearly a month, the precinct commander returned to work.

In some cases, legal system just doesn’t come through. The punishment may not be enough, or compensation may be required to pay for medical costs, time lost from work, or even pain and suffering.

Justice should be served in Manhattan as well as Staten Island and all should be done to make sure the perpetrator remembers the harm he or she has done, so it will never happen to anyone else.

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A Stockton bus driver was arrested after police found her weaving on a California highway, according to a report. The bus driver had also run several vehicles off the road while she was swerving and driving erratically. Police were alerted to the situation and arrived before the bus driver could seriously injure someone. The bus driver was using the bus during non-school hours as she was caught on a Saturday evening.

The observer says that luckily no children were on the bus at the time the incident occurred. If children were on the bus when the incident occurred, the driver would be facing even more and serious charges than just an ordinary DUI arrest. The driver has been charged with driving under the influence and for driving under the influence with a blood alcohol level higher than the legal limit of .08. There is no word on the status of the bus driver’s job.

The bus driver was charged and then later released. She will face possible jail time and fines for her crime. The judge will also decide if she will be allowed to drive the bus in the future for any school district. The police believe that the bus driver will face the charges later in the spring. Depending on if this is her first offense will determine the amount of her fine and if she has jail time or not in her future.

When drunk driving is discovered in Manhattan and The Bronx any injuries are going to cost the driver a lot of money.

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