WE FIGHT FOR THE LITTLE GUY ACCESS TO THE COURTS IS A CONSTITUTIONAL RIGHT
Our New York City and Westchester personal injury lawyers are extremely proud of the positive impact we have had on the law. Through our advocacy, we have helped shape the course of caselaw, so that people who are injured get a fair shake in New York's legal system. The insurance companies are constantly lobbying and pushing tort reform agendas and our personal injury lawyers are on the front lines, battling every day to make sure that the law continues to recognize the right of people who are injured because someone else was at fault, to sue those who are responsible and recover compensation for their personal injuries.
INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE Words of a Great Man
Our New York personal injury attorneys recognize that a bad decision from the Court, not only affects our client, but it affects every other person who was injured in a similar manner. Our lawyers, carry the weight of all of those cases on our backs, every time we write a brief, argue a motion or an appeal. We leave no stone unturned and thoroughly research every legal issue to make sure that our cases have a firm foundation in the law and we have on several occasions had to argue cases where there was no prior caselaw, i.e., cases of first impression. Our attorneys are extremely proud of the contributions that we have made in a wide variety of cases.
In Lofaro v. City of New Rochelle, the Westchester Supreme Court held that our maritime personal injury attorneys established a prima facie case of negligence against the City of New Rochelle for a slip and fall accident in a City marina. The Court agreed with our admiralty accident lawyers and based upon our expert's affidavit found that "in the maritime context, the lack of nonskid application has been considered sufficient to render a walking surface unreasonably dangerous. The Court also rejected the City of New Rochelle's claims that Plaintiff had to prove prior written notice of the condition, because the prior written notice only applied to sidewalks, crosswalks, and other public places. The gangway, which was part of a municipal marina, with restricted access, was not a sidewalk, crosswalk or public place, as such the prior written notice law did not apply.
In Tarasenko v. Evco Mechanical, the Court denied the defendant's summary judgment motion and held that the Plaintiff who was injured in an industrial accident, established a prima facie case that the defendant affirmatively created an instrument of harm by installing new high pressure boiler systems, without upgrading the supporting structures and in failing to bring the pressure relief valve and expansion capacity up to code. The defendants argued the Espinal line of cases, which holds that one who contracts to provide a service cannot be sued by a third party in tort. However, in this case, the Court recognized the instrument of harm exception applied because the negligent installation created a recurring dangerous condition. Our industrial accident lawyers worked closely with a mechanical engineering expert to make complex engineering concepts understandable to the Court.
In Andrade v. Vega, the Westchester Supreme Court held that our Westchester lead poisoning attorneys established a case of negligence against an owner of a premises with lead paint. Unlike, the City of New York, Westchester does not have a law that imposes strict liability for infants that suffer lead poisoning upon a premises. Instead, lead poisoned children in Westchester have to meet the Chapman factors and establish notice of the condition. The Chapman factors include proof that the landlord had a right of re-entry, that the premises was constructed before lead paint was banned and there was notice of the dangers of lead paint. Our lead paint attorneys showed that notice could be imputed based upon the defendant's work in construction and his knowledge of when the property was built. Likewise, photographs of peeling and chipped paint were sufficient evidence for the case to go to trial.
In an elevator accident case, the Westchester Supreme Court ordered the White Plains Housing Authority and its elevator service company to turn over records related to post accident repairs. The Defendants tried to claim that they were not discoverable and were privileged under the post accident repair doctrine. The Court, agreed that our Westchester personal injury attorneys established that an exception applied, because we were using the records to show that there was a dangerous condition in the elevator which caused the accident, and not to hold the repair against the defendant as evidence of negligence.
In Brigandi v. New York City Transit Authority, the Court held that our Manhattan personal injury attorneys established sufficient proof that the transit authority caused and created a dangerous icy condition on an exterior stairway landing, where they negligently installed a drainage grate, in a unworkmanlike manner. Through an architect, our attorneys proved that there was concrete that was surrounding the grate which was raised above the grate and impeded the access of water to the grate and in turn resulted in a repetitive condition of pooling water, which froze.
OUR NYC & WESTCHESTER PERSONAL INJURY LAWYERS CONTINUE TO FIGHT THE GOOD FIGHT
Through aggressive and effective advocacy, our attorneys have made positive and progressive steps in legal precedent and have obtained favorable development in the law effecting construction workers, window washers and industrial workers who have sustained personal injuries in the course of their employment by expanding the scope of New York’s Labor Law. Our attorneys have also obtained favorable precedents for those injured in car and truck accidents through cases which defined the scope of New York’s vehicle and traffic law and New York’s serious injury law. We have also won justice for victims of police misconduct, including obtaining an expansive view of the Civil Rights law including 42 U.S.C. 1983, especially in the area of malicious prosecution. Our attorneys have also obtained good results in the area of litigation in general and fairness for litigants by challenging procedural issues including jury misconduct, discovery and many other procedural issues. For example in the area of discovery our New York City and White Plains attorneys have won decisions which expanded the discovery that Plaintiffs are entitled to and we have aggressively fought attempts by defendants to avoid disclosing relevant information.
Our personal injury lawyers are committed to protecting the rights of those who have sustained personal injuries in accidents and will continue to advocated in all available forums to protect their rights and to make sure the law continues to develop in a manner that is favorable to accident victims.
WE ARE ON YOUR SIDE
