Syracuse Personal Injury Law Blog

Product recalls and product liability litigation: looking at the connection, P.2

Published on: April 20, 2016 | By Jeff DeFrancisco

Last time, we mentioned a recent batch of product recalls issued last week and began discussing the importance of working with an experienced attorney to seek just compensation for injuries connected to defective products. Although litigation is not always the answer for an injured consumer, it may be necessary in some cases to ensure the consumer has a chance to be fairly compensated.

Product recalls, or lack thereof, can sometimes be a factor, or an issue to be dealt with, in some product liability cases. Any plaintiff pursuing product liability litigation is required to prove certain basic elements for each claim. For product liability, there are several theories on which a plaintiff may be held liable. The place a product recall has in a product liability case depends on which theory a plaintiff is basing a claim, the state in which the suit is brought, the specific facts of the case.

One theory on which a plaintiff may pursue product liability is negligence, or failure to abide by some established duty with respect to the design, manufacture, marketing and distribution of a product. The duty of care owed under a negligence theory depends on the company’s role with respect to the product, but generally a duty of reasonable care is owed.

Product recalls and product liability litigation: looking at the connection, P.1

Published on: April 18, 2016 | By Jeff DeFrancisco

Companies recall products all the time for various reasons. In the last week, for example, a number of product recalls were issued, including three models of Coleman flashlights, a Rollerblade inline skating safety helmet, two models of Yamaha off-highway vehicles, three models of Fisher-Price cradle swings, Outdoor Gourmet marinade injectors, a model of a Staples and Quill office chair, and a Miniland Educational plush fastening toy.

Some of the recalls were issued after safety incidents had been reported, though none of the recent batch of recalls were issued in response to any injuries. This isn’t always the case. When companies are responsible, they do enough pre-market safety development and respond quickly enough to post-market safety concerns that the harm to consumers is kept to a minimum. In some cases, though, companies fail to reveal the risks their products post and choose instead to benefit from market demand, or fail to respond responsibly to product failures.

For consumers who are harmed by a defective product, the primary concern is addressing the injuries themselves, and then seeking just compensation from parties responsible for the injury. In some cases, it may be possible to settle privately over defective product injuries, but obtaining just compensation is only possible in some cases by pursuing litigation.

Decline in med mal litigation among factors contributing to NY insurance market volatility, P.2

Published on: April 15, 2016 | By Jeff DeFrancisco

Last time, we began discussing the currently volatility in the New York medical malpractice market. As we noted, the situation not only puts physicians at risk, but also patients who attempt to sue physicians covered by insurance providers who become insolvent.

We mentioned that the number of medical malpractice claims has decreased in the last decade—dropping 32 percent between 2004 and 2014—but there is also the fact that payouts on claims are decreasing as well. In such a situation, insurance companies can maximize their profits since they aren’t paying as much on claims. Again, it remains to be seen how the situation will be addressed by regulators and lawmakers, but patients are bound to be affected in some way if nothing is done.

Quickly filing a medical malpractice claim when one is harmed by a physician is not necessarily the best solution. When a patient suspects he or she may have suffered injury at the hands of a negligent physician, what really needs to be done is to consult with an experienced attorney who can look at the case and determine what evidence there may be to support a claim for medical malpractice. If there is merit to the case, it needs to also be determined what types and amounts of damages likely to result from the bringing the case.

Decline in med mal litigation among factors contributing to NY insurance market volatility, P.1

Published on: April 12, 2016 | By Jeff DeFrancisco

Medical malpractice liability is an important factor for physicians in every area of medical care. The costs associated with malpractice liability can be significant, because the costs of medical negligence are often so great for injured patients.

Each state has a slightly different landscape when it comes to malpractice liability. In New York’s current system, there are five medical malpractice carriers, each of which is required to pay into a guaranty fund serving as a safety net in the event one of the insurer’s fails. Out-of-state carriers are not bound by the same requirement, and can thus charge less for coverage. In-state providers are having a hard time competing with the low rates of out-of-state providers, and this isn’t really a benefit to patients.

There are undoubtedly many factors affecting the current medical malpractice market in New York, and there isn’t necessarily a whole lot individual patients can do about it. Perhaps lawmakers and state regulators will come up with a solution to the problem, though it isn’t clear exactly what they would do to address it. One of the factors is that a significant number of insurance providers have come into the New York market in recent years because of a variety of factors. Because federal law exempts out-of-state providers from the state’s regulatory requirements, instability has resulted.

Man loses consciousness, breaks ribs after slip and fall accident

Published on: April 5, 2016 | By Jeff DeFrancisco

Many people think that in order to bring a personal injury claim against a company, you have to have suffered catastrophic injuries or someone should have died as a result of injuries. It’s important to remember, though, that even seemingly minor accidents can leave an individual seriously injured.

Those injuries may also keep an individual from working for a period of time. The combination of medical expenses related to the injuries combined with the inability to work may cause someone to seek compensation.

Recently a New York appeals court allowed a lawsuit against a local YMCA to proceed. The lawsuit was filed by a man and his wife after the man reportedly fell on ice in the parking lot of the Kingston and Ulster County YMCA.

Former Rikers inmate severely injured in attack gets settlement

Published on: April 4, 2016 | By Jeff DeFrancisco

In our last two posts we discussed the growing concern over assaults that lead to injuries in New York City correctional facilities. We discussed the various statistics that have been collected showing the increase in cases and payouts. But sometimes what can really highlight the severity of the problem is a real-life story.

Recently, a man settled a lawsuit for $750,000 after he was beat by correctional officers while he was at Rikers. The man was admittedly a crack addict but has since cleaned up and is working to make a better life for himself.

The man explained that the incident happened one day after some inmates threw food at officers in the prison. He was apparently in his cell listening to music on his headphones. An officer came into his cell and told him to take off the headphones, sit down on the bed and to “stop being so loud.” The man said he did just that. Suddenly, the started punching him in the face. More officers came into the cell and beat the man, who is now 53, in the ribs, face and back.

Reports of violent acts increase in NYC correctional facilities

Published on: April 2, 2016 | By Jeff DeFrancisco

In our last post we started talking about the increase in personal injury claims coming from correctional facilities in New York City. The last few years have seen significant increases. Although some of the claims come from simple accidents such as slip-and-fall accidents, many of them are due to violence that happens within jail walls.

When looking at the numbers during fiscal year 2015, there was a substantial increase in various types of incidents. There was a 46 percent increase of reported cases of jail staff being assaulted by inmates, there was a 27 percent increase in reports where a staff member used force against an inmate, and there was a 19 percent increase in infraction citations given to inmates for assaults or fights. All these increases have happened while the actual jail population has dropped in recent years.

Although the actual episodes of violent acts keep increasing, the number of inmate assaults that led to serious injury was down by 11 percent. Similarly, reports related to force used by officers that led to serious injury fell by 23 percent during 2015.

NYC jails see increase in injury claims

Published on: April 1, 2016 | By Jeff DeFrancisco

When we think about personal injury cases, the thoughts that come to mind are usually related to car accidents or premises liability incidents. These are everyday occurrences that unfortunately leave innocent victims injured. But it’s also important to remember that those that are not so innocent, at least in the criminal system’s eyes, have the same rights to safety as the general public. We’re talking about inmates in prisons and jails like the one on Rikers Island.

Every year, many individuals get hurt while in jail and their pain and suffering matters just as much as anybody else. They may be in jail for a conviction, but they also deserve to feel safe. Unfortunately, that is not always the case. In fact, statistics show that the number of personal injury claims filed against New York City for injuries that happen in the jail system keeps increasing year to year.

In fiscal year 2010, there were 1,204 claims. Then in 2014 there were 2,245 personal injury claims. When it came to fiscal year 2015, which concluded at the end of June of that year, there were 2,846 claims. That’s an increase of 27 percent from the previous year. The fiscal year that started this past July is already showing signs that the trend will continue.

Summertime fun can quickly turn tragic

Published on: March 31, 2016 | By Jeff DeFrancisco

As summertime rolls in, Syracuse residents will slowly thaw out and make their way outside to enjoy the great weather. It’s always a treat to be able to enjoy warm days outside and be more active. While we do our best to enjoy various activities, we also need to keep in mind that the summertime often brings more injuries.

These injuries may be related to sports activities such as soccer and football. People of all ages can get injured during a bike ride or while rollerblading. And other activities, such as boating or summer patio parties, can lead to devastating injuries if alcohol is involved.

Many of these activities are done in a group setting which means your injuries may have resulted from another person’s actions. For example, if you were on a friend’s boat and got injured because he was driving drunk and got into an accident, you may end up wanting to seek compensation for your injuries.

Syracuse bicyclist hit by car, suffers head injury

Published on: March 28, 2016 | By Jeff DeFrancisco

According to statistics provided by the New York State Department of Motor Vehicles, there were 47 bicyclists killed in our state in 2014. On top of that, more than 5,600 bicyclists were injured that year. That’s a hefty number to consider. In terms of deaths, even one bicycle-related death is one too many.

A large proportion of those bicyclists were in the 25-to-29 age range and in the 60-to-64 age range. The rest of the fatalities were scattered from age 5 to 74. In the majority of those cases, the bicyclist was not wearing a helmet. While adults are not required to wear a helmet while on a bicycle, those under the age of 14 have to wear one as law.

Unfortunately, as statistics show, even when someone does wear a helmet, it may be no match for the actions of a negligent motor vehicle driver. Many bikers are very experienced and use all types of safety equipment, but are still unable to avoid being hit by a driver.