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…
Syracuse Personal Injury Law Blog
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…
New York Court Discusses Evidence of Lack of Informed Consent
Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently…
New York Court Discusses Damages in Car Accidents Harming Children
Careless driving not only causes collisions between vehicles but can cause crashes involving pedestrians as well. The injuries brought about by a car hitting a person can be significant, especially if the person is a minor. It follows, then, that as demonstrated in a recent New York ruling in which…
New York Court Examines Liability in Rear-End Collision Cases
In many rear-end collisions, the second driver is at fault. In some instances, though, the first driver’s actions contribute to the crash as well. As demonstrated in a recent New York case, in such instances, the first driver bears the burden of proving they should not be deemed liable, and…
New York Court Discusses the Standard of Care in Medical Malpractice Cases
It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted…