Syracuse Personal Injury Law Blog

Disneyland deemed safe after measles outbreak

Published on: January 14, 2015 | By Jeff DeFrancisco

The place that is dubbed “the happiest place on earth” may have been anything but joyful for a number of people who contracted measles while at Disneyland and its adjacent park, Disney’s California Adventure. According to a recent USA Today.com report, health officials linked the outbreak to patrons who attended the park between December 15 and December 20.

For the uninitiated, the measles virus can be highly contagious. Health officials indicate that the virus can hang in the air “like a ghost” for up to two hours, even though it does not speak on surfaces. As such, it is not suspected that the park could be dangerous for patrons. Additionally, if a person has been vaccinated (as many children in the United States have been), the measles virus is not likely to pose a threat. Since the infected patrons visited the park nearly a month ago, it has been deemed safe for the public.

Nevertheless, the outbreak does raise questions about a theme park’s liability for spreading contagious diseases. On a threshold level, a park (or any other public venue, for that matter) has a responsibility to take reasonable steps to keep public areas free of contaminants that can spread disease. Essentially, there is a duty to sanitize areas where diseases can fester and become dangerous to the public.

Worker killed in elevator shaft accident

Published on: January 13, 2015 | By Jeff DeFrancisco

There are a number of dangerous jobs in New York. From working on a construction site to protecting the public as a police officer, jobs that come with a certain amount of risk are completed every day without people being injured. However, accidents do happen, and when they do, an injured worker may be able to assert their rights and seek compensation.

Indeed, the first question an injured worker should ask themselves (or at least a lawyer) is whether the accident is covered under workers’ compensation laws. In many industries, the exclusive remedy for injured workers is to file a claim. However, depending on the circumstances, a worker may file suit to seek damages through a negligence or wrongful death claim.

Such is likely the case for the loved ones of an elevator worker who was killed while doing maintenance on an elevator in Manhattan. According to a recent nbcnewsnewyork.com report, the man was in the elevator shaft when an empty elevator came down three floors, and pinned the man underneath. The weight of the elevator crushed the man to death.

How long do I have to bring a medical malpractice suit?

Published on: January 12, 2015 | By Jeff DeFrancisco

With all the posts we have written about medical malpractice, part of the reason that some may not bring malpractice suits is that they may not realize that their injuries or ailments were actually caused by a doctor’s mistake. Additionally, some may have questions about whether they can bring a lawsuit, given how much time has passed since the surgery, diagnosis, or procedure they underwent.

Because of these questions, we dedicate this post to answering the question (on a threshold level) as to how the statute of limitations may affect a medical malpractice suit.

Under New York state law, a medical malpractice suit must be initiated within two years and six months of the alleged injury or malpractice. New York is one of a few states in America where the statute of limitations is based on the date of the alleged malpractice (or the last date of treatment), not when a prospective plaintiff actually discovers that their ailment was caused by a physician’s mistake. Because of this, a plaintiff may be at a disadvantage when it comes to seeking damages for malpractice.

Relaxed HOS regulations should not change safety expectations

Published on: January 12, 2015 | By Jeff DeFrancisco

It may go without saying that driving in upstate New York can be difficult during this time of year. After all, we recently posted on how ice missiles that come off a semi truck’s trailer are hardly friendly to drivers following behind them. But snow covered hazards are probably the least of a driver’s worries. It is whether a truck driver is too sleepy to be behind the wheel.

According to the National Highway Traffic Safety Administration, fatigued driving has been a problem for commercial drivers and individuals alike.

Fatigue is a culprit in more than 100,000 crashes each year, and it is believed that drowsy driving is underreported. This is likely the reason why federal regulators implemented hours of service rules, so that the public may benefit from not having so many tired drivers on the road, which would ostensibly limit the number of accidents due to fatigue.

Study finds half of fatal teen crashes involved older, smaller cars

Published on: January 10, 2015 | By Jeff DeFrancisco

It’s a rite of passage in homes across New York and around the nation: Parents handing over the keys to the household’s oldest — and perhaps worst — vehicle to their newly licensed teen driver.

While the idea of driving around in an older model vehicle likely makes little difference to the teens driving them and makes sound financial sense to the parents doing the gifting, a recently released study by two researchers from the Insurance Institute for Highway Safety suggests that this might not be the safest course of action.

Specifically, the study — published in the latest edition of the journal Injury Prevention — examined figures in the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, and made some shocking findings concerning fatal car accidents involving teen drivers between 2008 and 2012.

How pedestrians can be safe during the winter

Published on: January 9, 2015 | By Jeff DeFrancisco

Living with treacherous sidewalks and parking lots is a way of life in upstate New York. After all, with all the snow that we receive during the winter (and unfortunately sometimes during the spring) you would think that store and building owners would know that they have a legal duty to keep entry ways and parking lots reasonably free of snow and ice.

Unfortunately, it does not always happen that way. Because of this, pedestrians are injured in slip and falls during the winter. However, as the old adage says, an ounce of prevention is worth a pound of cure. With that, we offer some helpful tips for pedestrians as they navigate icy sidewalks, entryways and parking lots.

Make storeowners aware of dangerous conditions – As we alluded to earlier, property owners have a duty to take reasonable steps to make ingress and egress safe for customers. However, if they are not put on notice about dangerous conditions, it may be difficult to establish liability for an owner who does not know that such conditions exist.

Why peephole drivers are dangerous

Published on: January 8, 2015 | By Jeff DeFrancisco

It’s no secret that drivers sometimes feel like their cars are fortresses; almost like they are in their own little world within their steel frame and four wheels. Indeed, cars are not necessarily rolling fortresses, with small peepholes to greet people who come forward. However, when snow and ice collect on windshields and windows, some drivers, in their haste to get from Point A to Point B, they may only scrape of just enough space to see the road ahead.

Of course, this practice, called “peephole driving” should be viewed as clear negligence (pardon the pun). There is much more to see than what a driver can see through a letterbox view due to snow and ice. For instance, the surrounding sides and rear of a vehicle may not be seen without debris being properly cleared. As such, a driver may not see hazards (such as another car) before it is too late.

From a legal standpoint, drivers in upstate New York have a duty to use reasonable care while operating a motor vehicle. A part of this involves clearing off one’s vehicle so that they may properly see out of all windows. If such a failure is found to be the proximate cause in an accident, the offending driver could be held liable for the ensuing injuries and property damage.

Why medical malpractice may not always be based on human error

Published on: January 8, 2015 | By Jeff DeFrancisco

In a number of our posts, we have highlighted the notion that some physicians believe that they are not mistake prone. Essentially that there is a culture that doctors should not confront their colleagues about mistakes made in treating (or diagnosing) patients. This rigidity about making (or being accountable) for mistakes is particularly troubling, especially when the specter of human error is simply a part of life.

But what happens if human error is not the cause of an adverse medical outcome? What if such an outcome is the result of faulty equipment?

This is a question that may come up in the midst of a medical malpractice investigation (much less a lawsuit). In order for a plaintiff to prevail in a malpractice action, he or she must show that but for a doctor’s negligence, the injuries or ailments the plaintiff now suffers from would not have occurred.

Why properly screening head injuries is important

Published on: January 8, 2015 | By Jeff DeFrancisco

While we have written a number of posts on injuries suffered through auto accidents, it is also important to realize that head injuries (particularly concussions) can be suffered through a number of ways. In fact, more than two million people will suffer head injuries severe enough to send them to the hospital this year.

Traumatic brain injuries can be suffered through car accidents (i.e. heads hitting dashboards or windows), through sports injuries (particularly football and cheerleading accidents), and most notably, falls. Given the icy conditions that we live in, falls on slippery surfaces are common this time of year.

However, being able to properly diagnose brain injuries is of particular importance. Besides traditional bumps and bruises, it may be difficult to ascertain whether a person has suffered such an injury because of the subtle ways it may manifest itself. As we have mentioned in previous posts, not all people react the same way to head trauma. Some may have irregular sleep patterns, others may have intermittent headaches and others may have significant mood changes.

Why drivers should be aware of ice missiles

Published on: January 7, 2015 | By Jeff DeFrancisco

If you live in upstate New York, driving in the snow is a part of life during the winter months. Of course, being able to navigate snowy roads is important, and knowing how to avoid accidents on icy roads is also critical. Nevertheless, the following post on ice missiles is something that every winter driver should be aware of.

No, we are not talking about some weapon that “Mr. Freeze” would be conjuring up to terrorize citizens of Gotham City. Instead, we refer to the pieces of snow and ice that may remain on the tops of semi trucks and trailers. And when a truck goes down the freeway after not having a trailer cleaned off, pieces of snow and ice may fly off and into the windshields of cars following such vehicles.

An ice missile may not penetrate a car’s windshield, but it may create a blinding blanket of ice that may severely restrict a driver’s ability to see. This may also lead to an accident.