Syracuse Personal Injury Law Blog

E.coli outbreak in meat can lead to severe symptoms

Published on: February 2, 2016 | By Jeff DeFrancisco

A lot of our readers may have heard about the E.coli outbreak associated with Chipotle. It has reached our state and five others. It is not yet clear which food specifically caused the outbreak, but it does give us an opportunity to discuss food outbreaks in general.

A lot of people are very careful with the type of meat they use and how long they keep it. Why? Meat has been recalled for various reasons throughout the country every year. Last year there were 18 million pounds of meat recalled. That may seem like a lot, but if you go back to 2008, there were 154 million pounds of meat recalled.

The types of meat that are most recalled vary from year to year. During some years, beef, pork and poultry took the top spots. Other meats, such as buffalo, sheep, and “mixed” meats have also been recalled throughout the years.

No-fault law and how it relates to a car accident (PART 2)

Published on: January 26, 2016 | By Jeff DeFrancisco

In our last post we discussed what to do immediately after you have been involved in a car accident. These steps can be extremely crucial if you plan to seek compensation for any injuries that occurred due to an accident. This is especially true if the accident does not appear to be severe and police do not do a thorough investigation of what actually occurred.

If you have been injured in a car accident, you may have rights under the no-fault law. If you have medical bills or lost wages stemming from your accident, you can collect up to $50,000 from your insurance company to cover these expenses. No matter who was actually at fault in the accident, your insurance company will cover the first $50,000 of your expenses.

In most cases, you have 30 days to file a claim with your insurance company to receive these benefits. If your medical bills have surmounted $50,000, you may seek addition recompense from the other driver’s insurance company. If your insurance company or the insurance company of the other driver refuses to reimburse you for lost wages and medical bills, you may consider filing a lawsuit.

No-fault law and how it relates to a car accident (PART 1)

Published on: January 24, 2016 | By Jeff DeFrancisco

When it comes to car accidents, New York is a no-fault state. Although this may sound like no one can be found liable for injuries that happen during an accident, that is not the case. While the no-fault law may bring some complications, it is something that can be conquered if an injured party takes the appropriate steps.

Documentation is key. If you get into a car accident, make sure you document what happened. This means taking photos of the accident scene, collecting contact information from any witnesses, documenting any injuries and their severities, and writing down your version of how the accident happened. Of course, if someone is seriously injured in an accident, the first thing to do is to seek out medical help. That is always the number one priority after any accident.

Unfortunately, not all injuries are apparent right away. For many individuals, the injuries caused by the accident may start to appear a few days later. The severity of these injuries may be bad enough to warrant ongoing medical treatment.

Britax recalls safety car seats due to faulty handle

Published on: January 23, 2016 | By Jeff DeFrancisco

When it comes to having a child, parents will go to great lengths to keep their child safe. Before bringing an infant into the world, parents will often research various purchases, such as cribs and child safety seats, in order to find the best and safest brand on the market.

It makes sense, then, that a recall for something as important as a child safety seat can be quite alarming to any parent. Recently, Britax announced that it is recalling some 71,000 car seats across the country. The safety seats apparently have an issue with the handle. The carrying handle on these devices can apparently break, which could lead to an infant being dropped in his or her car seat.

The company says they have had one report of a child being injured due to the handle breaking. The child apparently got a bump on the head and suffered a bruise. The first complaint, according to the company, came last May, followed by other complaints.

Negligent behaviors on icy roads can lead to severe injuries

Published on: January 22, 2016 | By Jeff DeFrancisco

As the state of New York gears up for a snowy storm, it’s important to remember safety rules as we navigate our roads. While individuals may feel justified in leaving their homes to run errands or make their way to work, it’s also important to consider the current road conditions. No matter how good of a driver an individual might be, that driving ability may be no match for the road conditions that a storm can bring.

Sometimes negligence can be very difficult to prove when bad weather and difficult driving conditions are involved. But what happens when a person knowingly hits the road during bad weather and drives recklessly for those conditions? For example, the posted speed limit on a city road may be 40 miles per hour. But when road conditions are poor and visibility is low, the appropriate speed at which to drive may drop significantly. If a driver is overconfident and decides to drive at the posted speed limit, he or she could be acting negligently.

It’s one thing if that individual happens to drive themselves off the road after hitting a patch of ice. It’s a whole other situation if their negligent actions hurt an innocent bystander. You may be navigating the roads at a very reasonable and safe speed when you are suddenly pushed off the road by a reckless driver. In these situations, getting the authorities involved is essential to understanding exactly what happened during the incident and who may be to blame for the accident that occurred.

Scaffoldings can bring serious safety concerns in NYC

Published on: January 21, 2016 | By Jeff DeFrancisco

Premises liability cases happen as a result of many types of unsafe environments around the city. New York City and its surrounding areas are known for cramped spaces filled with heavy foot traffic at all times of the day. A person cannot enter the city without encountering one of its less-appealing structures: scaffolding.

For those living in New York City, it may feel like scaffolding is everywhere. Scaffolding is a temporary structure that is used by companies in order to repair or clean a building. It may also be used to build a new structure.

It’s understandable that these structures can be quite frustrating to those who live near them. In fact, according to one news article, there are about 190 miles of scaffolding, or sheds, as some call them, across the state. In total, there are some 9,000 sheds on the state’s city streets according to the Department of Buildings.

Drowsy driving can be extremely dangerous

Published on: January 14, 2016 | By Jeff DeFrancisco

In many cities, rush hour can start long before the sun comes out. Working individuals often hit the snooze several times before rolling out of bed, getting dressed and hitting the road. It’s understandable then that a lot of early morning drivers may be sleepy as they navigate the roads on their way to work.

Beyond that, there are individuals who are perpetually tired. This may happen if they drive eighteen wheelers across the country or if they work a night shift. It could also be caused by a circumstance at home, such as the arrival of a new baby that keeps mom and dad up for hours during the night.

Statistics show that some 72,000 crashes occurred due to drowsy driving in 2013. Those accidents caused 44,000 injuries and 800 fatalities. The hard part about these statistics is that it shows only a portion of the actual incidents. According to the National Highway Traffic Safety Administration, accidents in which drowsy driving is a factor are often underreported.

Public New York hospitals see increase in med mal cases

Published on: January 12, 2016 | By Jeff DeFrancisco

New York City has the largest municipal health care system in the United States. There are 11 public hospitals in New York City, which are run by the City Health and Hospitals Corporation. Because of its sheer size, it’s important for the city and for patients to know these hospitals’ medical malpractice statistics.

Information has recently come out from the New York City Comptroller’s Office that shows the number of medical malpractice lawsuits that were filed against these city-owned hospitals has increased in fiscal year 2015. That year saw 521 lawsuits as opposed to 495 in fiscal year 2013.

Although the news isn’t very positive, the trend is still moving downward since 2015 saw fewer cases than 2013. Not only that, but it’s important to point out that while some of the individual hospitals saw an increase in cases, others saw a decrease for fiscal year 2015.

LAWSUIT: Ob-gyn procedure led to fetus’ death

Published on: January 11, 2016 | By Jeff DeFrancisco

Certain rulings in medical malpractice cases can set a precedent for cases in the future. That’s why it’s important for attorneys who work with medical malpractice victims to keep up on incoming and current cases. The outcome of a recent medical malpractice case involving an obstetrics and gynecology doctor may set an example for how such cases could be handled in New York and across the United States.

The case involves the death of a fetus that resulted from a procedure performed by the doctor. According to the case, the doctor ruptured a woman’s fetal membrane as she was “trying to remove an intrauterine birth control device.” The doctor failed to check if the woman was pregnant before performing the procedure.

The ruptured membrane caused the woman to go into labor and she delivered her 22-week-old fetus. That fetus apparently died less than a couple of hours later.

Steps to take to try to avoid a motorcycle accident (PART 2)

Published on: January 8, 2016 | By Jeff DeFrancisco

In today’s post we continue our discussion on things motorcycle riders can do to try to avoid an accident. We use the word “try” because that is truly all a rider can do in situations where others are involved. We have seen many cases where even the most experienced and knowledgeable rider cannot avoid the mishaps of others.

The most common accident that happens to motorcyclists is when another vehicle turns left in front of them. This is often where we hear the “I didn’t see them” excuse. A motorcyclist should always be aware that any intersection where a car is preparing to turn left may be an immediate threat. In these situations, it may benefit a rider to slow down and prepare for evasive measures if needed. Although some might think laying down their bike is the best option if they are about to collide, being in an upright position is a much better option. The best hope of surviving such a crash is to lower your speed as fast as possible before colliding. This could mean the difference between life and death.

What can a motorcyclist do to avoid having a car change lanes into them? Again, awareness is key here as well. Try to stay out of other vehicles’ blind spots and be aware of situations where vehicles are more likely to change lanes (such as when one lane of traffic is moving faster than another).