Claims arising from slip-and-fall incidents in residential and institutional settings often turn on a critical question: whether the property owner knew, or should have known, of a hazardous condition. A recent decision from a New York court demonstrates the evidentiary burdens placed on both sides and highlights how constructive notice,…
When injuries or death occur in a county-owned medical facility, the affected family often faces not only medical uncertainty but also complex procedural requirements governing claims against municipal entities. New York’s notice-of-claim rules operate on accelerated timelines, and failure to comply can bar claims that might otherwise be viable. A…
When patients undergo surgery, they trust their doctors to follow accepted medical standards and provide proper care during recovery. Unfortunately, not every patient’s experience meets that expectation. When complications arise after surgery, determining whether they stem from medical negligence or natural healing challenges can be complex. A recent New York…
When pedestrians walk along city streets, they expect reasonably safe pathways. Yet, many urban areas include sections without constructed sidewalks, forcing individuals to walk on driveways, grass strips, or unpaved paths. Questions often arise regarding who bears responsibility when an injury occurs in such spaces. A recent New York opinion…
When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will…
When families consent to medical treatment, they do so with the expectation that doctors will both follow accepted standards of care and provide clear information about the risks involved. A failure in either respect can have devastating consequences and often leads to medical malpractice lawsuits. Yet such cases are not…
The COVID-19 pandemic created unprecedented challenges for healthcare providers, including nursing homes and rehabilitation centers. Families who lost loved ones in these settings often sought accountability through medical malpractice or wrongful death claims. Yet New York law temporarily granted broad immunity to healthcare facilities under the Emergency or Disaster Treatment…
While accidents frequently happen in businesses or social establishments, not every fall or injury creates a basis for legal recovery. In premises liability cases, New York courts require proof of a dangerous condition and evidence that the landowner either created or knew about the defect. A recent decision issued in…
Rear-end collisions are among the most straightforward traffic cases in New York law, as it is often presumed that the rear driver is at fault. Nonetheless, such cases can still be complicated, as demonstrated in a recent New York opinion issued in a case involving a chain-reaction collision. If you…
In medical malpractice litigation, plaintiffs must not only allege negligence but also present competent evidence linking that negligence to a patient’s injury. This requirement is particularly important in delayed diagnosis cases, where causation hinges on whether earlier intervention would have changed the outcome. A recent decision from a New York…