The struggle to have children can be heartbreaking. Thankfully, many people dealing with infertility can get help conceiving via advanced reproductive technology like IVF. If an IVF procedure is not performed properly, it may impact a party’s ability to grow their family. As discussed in a recent New York case,…
Syracuse Personal Injury Law Blog
New York Court Discusses Establishing Negligence as a Matter of Law
Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court…
New York Court Examines Liability in Rear End Collision Cases
While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents…
New York Court Distinguishes Medical Malpractice from Ordinary Negligence
Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a…
New York Court Discusses Strict Liability for Defective Products
Car manufacturers are supposed to take measures to ensure that the vehicles they produce are safe for their intended use. All too frequently, however, latent design and manufacturing defects make products dangerous. In many instances, such defects lead to accidents that cause catastrophic injuries. In such cases, the manufacturer may…
New York Court Discusses Liability for Injuries Sustained from COVID-19 Treatment
People throughout New York sought treatment for COVID-19 during the pandemic. While many people received appropriate care, some did not and ultimately developed injuries due to the carelessness of their treatment providers. Whether people who sustained such losses can recover compensation via medical malpractice claims depends, in part, on whether…
New York Court Examines Establishing Municipal Liability in Car Accident Cases
The majority of car accidents are borne out of negligence. While typically, the negligence is in the form of careless driving, in some instances, it is the negligent design and maintenance of roads that lead to collisions. In such cases, the town may be responsible for any losses caused by…
New York Court Discusses Timeliness of Medical Malpractice Actions
Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated…
Court Explains Establishing Causation in New York Medical Malpractice Cases
In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to…
New York Court Discusses Civil Immunity for Non-Profit Organizations
Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit…