In motor vehicle accident cases, establishing which driver had the right-of-way is often key to determining liability. Under New York law, a driver who proceeds through an intersection with a green light is generally entitled to assume that other motorists will obey traffic signals. A recent New York decision in…
In medical malpractice litigation, clarity and timeliness in stating claims are essential. Once a case has progressed past the discovery phase and has been certified as ready for trial, courts are reluctant to allow major changes to a plaintiff’s theory of the case, as demonstrated in a recent New York…
When large commercial vehicles shed parts while in motion, nearby motorists can suffer serious injuries. These incidents often raise questions about vehicle maintenance, driver oversight, and liability. However, when the underlying facts are disputed, courts are often reluctant to decide the case before full discovery and trial. A recent New…
Mental health treatment involves delicate clinical decisions, especially when a patient is at risk of self-harm. When a patient dies by suicide shortly after receiving psychiatric care, surviving family members may pursue legal action if they believe the care provided was inadequate. These cases are emotionally complex and legally challenging,…
When serious car accidents occur on public roadways, injured parties often look to government entities for compensation, alleging failures in roadway maintenance or design. However, these cases frequently hinge on whether the state met its legal duty to maintain roads in a reasonably safe condition. A recent New York ruling…
Missed or delayed cancer diagnoses can have tragic consequences, and New York courts closely scrutinize such cases, especially when statutory limitations are in dispute. A recent New York case sheds light on how New York’s “Lavern’s Law,” which extends the statute of limitations for undiagnosed cancer claims, plays a pivotal…
Failure to diagnose a medical condition in a timely manner can lead to catastrophic harm. Such oversights are particularly alarming when the condition is detectable through proper medical assessment and often give rise to claims against negligent providers. In medical malpractice cases, courts often examine whether healthcare providers overlooked critical…
Slip-and-fall accidents are among the most common types of personal injury claims, often hinging on whether a property owner failed to maintain safe premises. In lawsuits arising out of slip and fall accidents, the courts closely analyze whether the defendant had notice of a hazardous condition and whether reasonable steps…
When workplace safety measures intersect with federal regulatory frameworks, determining liability can become challenging for courts. A recent New York case demonstrated how courts evaluate claims involving an intersection of New York’s Labor Law and federal regulations in the context of a construction site injury. If you or a loved…
In cases involving allegations of medical malpractice and wrongful death, courts are often tasked with balancing the need for evidence preservation against procedural and legal requirements. This was illustrated in a recent New York case in which the court addressed issues such as pre-action discovery, evidence preservation, and requests for…