Construction Injuries: Who Is Liable?

Construction workers are at high risk of injury and death. It’s one of the most dangerous jobs. However, just because it is dangerous doesn’t mean that no one is held responsible when a worker dies or becomes injured. Someone is often held liable for the accident, and understanding who that might be in your case can help you build a strong disability claim. Liability in Construction Jobs For a project, there are often times many different contractors working on it to completion. There may be engineers, construction managers, machine operators, and more. While these individuals are contracted out from the main project leader, they are not working individually. A manager is overseeing everyone working on the project. When an injury or death occurs, liability may fall upon a few people…
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Where is the Liability in Dog Bite Incidents?

There is no doubt that New Yorkers love their dogs. But what happens when your beloved Fido takes a bite out of one of your friends (or a total stranger)? When the unthinkable occurs, it is important to know what the law says so you can protect your rights as a dog owner – or as a victim injured by an unruly animal. Overriding the “One Bite Rule” A “one bite” rule exempts a dog owner from liability with an animal’s first offense. However, that law may be nullified if the dog has had to wear a muzzle in the past due to aggressive behavior or the owner has to repeatedly warn visitors that the dog bites. Individuals bitten by a dog who fits one of these categories can hold the…
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NY Car Accident Attorney: Who is Liable for Poorly Maintained Roads?

Car accidents can be caused by a number of factors. Drunk driving, speeding, and distracted driving are a few common ones that we think of right away, involving negligence on the part of a driver. Sometimes it is not the fault of the driver at all, but the conditions of the road that can cause accidents resulting in serious injury or death. According to a study by the Pacific Institute for Research and Evaluation (PIRE), over 50% of highway deaths in the US are due to the inadequate conditions of our roads. This is more than drunk driving or speeding. Examples of these unacceptable conditions are: Uneven pavementLack of road maintenancePotholesMalfunctioning traffic control signs or railroad crossing signsLoose gravelSteep shoulder declinesMissing or broken signsBroken guardrailsOvergrown treesPoorly planned intersectionsInsufficient lighting at nightMissing road lines or reflectorsNarrow roads…
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Determining Liability in Swimming Pool Accidents

Swimming pool accidents can bring a tragic end to summertime fun. When an accident occurs, many want to know how and why it happened – and whether anyone should be held legally responsible. When determining liability in swimming pool accidents, there are a few factors to consider: Condition of Property Under premise liability, swimming pool owners are responsible for ensuring their pool does not pose a hazard for those who enter their property. In-ground pools without proper fencing could be ruled a hazard if a child enters the property and pool unattended. Owners may also be required to post warning signs alerting swimmers to depth changes within the pool. If property guidelines are not met, the owner of the pool could be held liable for accidents. Condition of Equipment Pool owners,…
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Who is Liable for Appendicitis Misdiagnosis?

Appendicitis is one of the most common causes of sudden pain in the abdomen. In the United States 250,000 cases a year are reported. The goal of a physician is to make a diagnosis as soon as possible, otherwise chances of complications with an appendectomy, removal of the appendix, increase.  Along with it costs associated with being in hospitals go up as well as pain and discomfort. The worst case scenario is infection leading to shock and death. Doctors have an obligation to thoroughly examine patients to avoid misdiagnosing appendicitis or they can face medical malpractice lawsuits. Because of its symptoms, appendicitis can be mistaken for a number of other issues in the abdominal area.  Some include: GallstonesUrinary track infectionsOvarian and other gynecological complicationsGastritisCrohn's Disease Women are greatly misdiagnosed more than men because their anatomy in…
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Proving a Negligence Case Against a School, Camp or Care Provider

When parents leave their children in the care of another adult, or team of adults, the assumption is that the child will be kept safe while in another’s charge. When that does not occur, parents may be eligible to take legal action against those who failed to provide a safe environment for the child. Proving negligence cases in these situations is not always easy, but many parents have shown that it is far from impossible – with the right preparation and legal advice. What is a School’s Liability? When schools – or companies that take on the responsibility of a child’s care and safety – fail to live up to their charge, tragic events can follow. Take the recent case of a 15-year-old boy who was swept out to sea while on…
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NY Construction Worker Attorney: Who is Liable for Contact Dermatitis?

Contact dermatitis is an uncomfortable skin condition that leaves exposed body parts inflamed, red, itchy, blistered, hard and cracked.  Construction workers commonly acquire this condition after prolonged exposure to an irritating substance. Employers are responsible for    protecting their employees from this avoidable situation. Causes Exposure to a substance can take only days or even years to show up in dermatitis form.  Some of the most common irritants include: Wet cementSolventsDegreasersCutting aidsAlkalaisAcidsLatexWood dustChromates Employer Responsibility Employers must have a written safety statement that includes a risk assessment.  This will identify all substances that can cause dermatitis on the job site, and employees are entitled to all of the information in the assessment.  The report must also include: How hazards are labeledWho will be likely exposedHow long the exposure will lastFrequency of the…
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Rules for Private Pool Owners

A backyard pool can be a wonderful place to gather with family and friends in the summer, but it can also be a dangerous spot when the right safety steps are not taken. Any homeowner who installs a pool in the backyard is responsible for following pool safety requirements that ensure the pool is as safe as possible for the family, visitors and the rest of the neighborhood. Fencing Fencing should fully surround the pool and decks that go around the pool area. Fencing should be at least four feet high and come with a locking gate to keep children and other visitors out when the pool is not in use. Alarms Alarms can be posted on the gate to alert the homeowner when someone enters the pool area. There are also…
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