Personal Injury

Published on: September 11, 2023

U.S. Supreme Court examined the question of excessive force used by corrections officers. Hudson v. McMillian, 503 U.S. 1 (1992)

by Stephen Bilkis

The Eighth Amendment to the United States Constitution safeguards individuals from cruel and unusual punishment. This vital clause aims to prevent excessive, barbaric, or degrading treatment in criminal justice systems. It establishes a fundamental principle of justice, emphasizing that punishments should be proportionate to the offense and should not involve unnecessary suffering or humiliation. For instance, sentencing a minor offense with a punishment like life imprisonment without parole could be deemed an example of cruel and unusual punishment, given its disproportionate severity.

Hudson v. McMillian, a pivotal case in U.S. constitutional law, underscored the legal contours surrounding the Eighth Amendment’s prohibition of cruel and unusual punishment. This case, decided by the Supreme Court in 1992, examined the excessive use of force against an inmate by prison officials, sparking significant debates about the protection of prisoners’ rights. The case questioned the permissible limits of force used by correctional officers, shedding light on the delicate balance between maintaining institutional security and upholding the rights and dignity of incarcerated individuals.

Factual Background

Published on: August 30, 2023

Prison officials can be held liable for injuries to an inmate if they show deliberate indifference. Farmer v. Brennan, 511 U.S. 825 (1994)

by Stephen Bilkis

In the context of the 8^th Amendment and incarcerated individuals, deliberate indifference is a legal concept that refers to a conscious and reckless disregard for an inmate’s safety or well-being. It involves a clear awareness of a substantial risk to an inmate’s rights, health, or safety, and a failure to take reasonable measures to mitigate that risk. It implies a purposeful or knowing neglect of the risk, showing a callous and uncaring attitude towards the potential harm, demonstrating a severe departure from acceptable professional judgment and prison standards. Deliberate indifference constitutes a violation of an inmate’s constitutional rights under the Eighth Amendment.

Farmer v. Brennan, a seminal case in 1994, dealt with the Eighth Amendment’s applicability to deliberate indifference in the context of prison conditions. The case was significant in determining whether prison officials, by exhibiting deliberate indifference, could be held accountable for the harm inflicted on an inmate by fellow prisoners.

Factual Background

Published on: August 16, 2023

Court considered the presumption of negligence in rear-end vehicle accident. Passos v. Mta Bus Co., 13 N.Y.S.3d 4 (N.Y. App. Div. 2015)

by Stephen Bilkis

This case involves a multi-vehicle collision on Second Avenue, between 78th and 79th Streets, where plaintiffs sought summary judgment against the Metropolitan Transportation Authority (MTA) and its bus driver, defendant Victor Moses. The collision included nonparty DiPaoli, plaintiff Passos, and an MTA bus. Plaintiffs claimed that Moses failed to maintain a safe distance, leading to the rear-end collision.

Cars must drive at a safe distance behind another car for safety reasons. Maintaining a safe following distance allows drivers to react appropriately to sudden stops or changes in traffic conditions. It provides a buffer that reduces the risk of collisions, giving drivers more time to brake or maneuver if the vehicle in front slows down or comes to a halt unexpectedly. This fundamental road safety practice is designed to prevent rear-end accidents and is a legal requirement outlined in traffic laws. Adhering to proper following distances enhances overall road safety and reduces the likelihood of accidents caused by tailgating or insufficient braking time.

In New York, a rear-end collision establishes a prima facie case of negligence against the operator of the following vehicle. This presumption arises from Vehicle and Traffic Law § 1129(a). However, it is not conclusive, and the rear-ending driver can rebut it by providing a non-negligent explanation for the accident. The law recognizes that circumstances, such as sudden stops or other contributing factors, may impact the determination of liability. This nuanced approach allows for a comprehensive assessment of each case, considering all relevant factors before assigning fault in rear-end accidents.

Published on: August 14, 2023

Liability in a chain reaction accident. Rodriguez v. The City of New York, 2020 N.Y. Slip Op. 35496 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

A chain reaction car accident involves a series of collisions between multiple vehicles, typically initiated by an initial impact. In such incidents, the force of the first collision sets off a sequence of subsequent crashes as vehicles in close proximity react to the unfolding chaos. Determining liability in chain reaction accidents can be intricate, often requiring an examination of the specific circumstances surrounding each collision and the establishment of a clear sequence of events. These accidents highlight the importance of maintaining safe distances and attentive driving to mitigate the risk of contributing to or becoming a victim of such collisions.

Rodriguez v. The City of New York, 2020 N.Y. Slip Op. 35496 (N.Y. Sup. Ct. 2020) involves a motion by defendants CDA Legacy and Luistro Mauricio to vacate prior court orders and deny plaintiffs’ and co-defendants’ motions for summary judgment. The focus is on chain-reaction collisions and the allocation of liability in such incidents.

Background Facts

Published on: August 9, 2023

Court addressed the issue of whether the defendant was negligent in maintaining its premises. Scheer v. Stop & Shop Supermarket Co., 110 A.D.3d 1039 (2d Dep’t 2013)

by Stephen Bilkis

Product liability cases are complex and require a thorough understanding of the law and the facts surrounding the case. In a premises liability case against a retailer store, the plaintiff must show that the store had a duty to maintain a safe environment for its customers and that it breached that duty by failing to address a known hazard or dangerous condition. The plaintiff must also show that the store’s breach of duty was the proximate cause of their injuries, and that they suffered damages as a result.

In Scheer v. Stop & Shop Supermarket Co., the plaintiff, Susan Scheer, was injured while shopping at Stop & Shop Supermarket when a can of food fell from the shelf and struck her in the head. Scheer filed a lawsuit against Stop & Shop Supermarket Co., alleging that the store was negligent in failing to properly maintain and inspect its shelves.

Factual Background

Published on: August 2, 2023

Appellate Court found that there was a triable issue of fact as to whether a bottle of acetaminophen was defective. Kelly v. CVS Pharmacy, Inc., 73 A.D.3d 1019 (2d Dep’t 2010)

by Stephen Bilkis

Product liability cases arise when a product causes harm or injury to a consumer due to a defect in its design, manufacturing, or labeling. In such cases, the manufacturer or seller may be held liable for the damages caused. Product liability cases are complex and require the expertise of an experienced New York product liability lawyer. The case of Kelly v. CVS Pharmacy, Inc. is one such example where the plaintiff filed a product liability claim against CVS Pharmacy claiming that she sustained injuries due to a defective product.

To prove a defective product case, a plaintiff typically needs to demonstrate that the product in question was unreasonably dangerous due to a design flaw, manufacturing defect, or inadequate warning. The plaintiff must show that they suffered an injury or damages as a direct result of the product’s defect. Additionally, the plaintiff must show that the product was being used in a foreseeable manner at the time of the injury, meaning that the product was being used as it was intended or in a way that was reasonably foreseeable by the manufacturer. To establish liability, the plaintiff must identify the party responsible for the defect, which may include the manufacturer, distributor, or retailer of the product. To prove the defect, the plaintiff may rely on expert testimony, product testing, or other evidence that establishes that the product was unreasonably dangerous. If the plaintiff is successful in proving their case, they may be entitled to recover damages for their injuries, including compensation for medical expenses, lost wages, and pain and suffering.

Factual Background

Published on: July 31, 2023

Appellate Division determined that plaintiff presented enough evidence to proceed with her product liability claim. Ippolito v. Sears Roebuck & Co., 121 A.D.3d 529 (2d Dep’t 2014)

by Stephen Bilkis

In Ippolito v. Sears Roebuck & Co., the plaintiff, Linda Ippolito, alleged that she was injured by a defective product that she purchased from Sears Roebuck & Co. This case demonstrates the importance of product liability law and the duty that manufacturers and sellers have to ensure the safety of their products.

A product liability case is a legal case brought against a manufacturer, seller, or distributor of a product that has caused harm or injury to a consumer. The basis for the case is that the product is considered defective, either due to a design flaw, manufacturing defect, or a failure to provide adequate warnings or instructions for use. In a product liability case, the injured party seeks compensation for their injuries, including medical expenses, lost wages, and pain and suffering. These cases can be complex and often require the assistance of an experienced New York product liability lawyer with expertise in product liability law.

Factual Background

Published on: July 26, 2023

Did the defendant retail store breach its duty of care by failing to maintain the premises in a safe condition? Saleh v. Rite Aid Corp., 89 A.D.3d 1022 (2d Dep’t 2011)

by Stephen Bilkis

In Saleh v. Rite Aid Corp., the plaintiff brought a personal injury lawsuit against the defendant after slipping and falling on a wet floor in the defendant’s store. This case raises important legal issues related to premises liability and the duty of property owners to maintain safe premises for their customers.

Factual Background

On January 27, 2006, the plaintiff, Saleh, entered a Rite Aid store in Brooklyn, New York, to purchase items. While walking down an aisle, she slipped and fell on a wet floor. The plaintiff suffered injuries to her knee, hip, and back as a result of the fall.

Published on: July 24, 2023

Vasquez v. Church of God of Prophecy, 155 A.D.3d 807 (2d Dep’t 2017)

by Stephen Bilkis

Premises liability cases often hinge on the question of whether a property owner or occupier had notice of a hazardous condition that caused an injury. In Vasquez v. Church of God of Prophecy, the plaintiff brought suit against a church after she slipped and fell on a wet floor while attending a service. The case raised important questions about the duties of property owners to maintain safe premises and the burden of proof that plaintiffs must meet in premises liability cases.

Factual Background

On the day of the accident, the plaintiff attended a church service at the defendant’s property. While walking from the bathroom to her seat, she slipped and fell on a wet floor, sustaining injuries. The plaintiff alleged that the defendant had negligently failed to maintain the premises in a safe condition and that it had constructive notice of the hazardous condition that caused her injuries.

Published on: July 19, 2023

In a premises liability case, the court considered whether there was constructive notice of the hazard. Vargas v. Target Corp., 137 A.D.3d 1094 (2d Dep’t 2016)

by Stephen Bilkis

Plaintiff, Anna Vargas, filed a personal injury lawsuit against Target Corporation after she slipped and fell on a wet floor at one of its stores.

Factual Background

On December 22, 2008, Anna Vargas went to a Target store located in the Bronx, New York. While she was walking down an aisle in the store, she slipped and fell on a wet floor. Vargas sustained injuries as a result of the fall, including a fractured ankle and herniated discs.