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…
Syracuse Personal Injury Law Blog
New York Case Highlights Impact of “Lavern’s Law” on Cancer Malpractic Claims
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…
New York Court Examines Expert Testimony and Liability in Medical Malpractice Cases
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…
New York Court Discusses Demonstrating Fault in Slip and Fall Cases
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…
New York Court Discusses Federal Preemption in Personal Injury Cases
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…
New York Court Explains Preservation of Evidence in Medical Malpractice Cases
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…
New York Court Discusses Evidence in Product Liability Cases
People harmed by defective products have the right to seek compensation for their losses. Proving liability often requires expert testimony, but only certain parties are qualified to testify as experts, as explained in a recent ruling issued in a New York product liability case. If you or a loved one…
Court Highlights the Importance of Expert Testimony in Medical Malpractice Cases
Medical malpractice cases often require plaintiffs to prove not only that a deviation from the standard of care occurred but also that the deviation caused injury or death. These claims hinge on expert opinions and the ability to rebut evidence presented by the defense. A recent New York case demonstrates the…
New York Court Discusses Summary Judgment in Car Accident Cases
Under New York law, drivers must maintain a safe following distance and drive at a reasonable speed to avoid accidents. A rear-end collision is often considered a clear-cut example of negligence on the part of the following driver. However, establishing liability in such cases still requires adequate evidence. A recent…
New York Court Discusses Delayed Notice in Medical Malpractice Claims
Medical malpractice claims require plaintiffs to prove that a healthcare provider’s deviation from the standard of care was a proximate cause of their injuries. If they do not, their claims may be dismissed, as shown in a recent New York decision where the court found that the plaintiff failed to…