Syracuse Personal Injury Law Blog

Tips for handling a mall parking lot crash

Published on: December 12, 2014 | By Jeff DeFrancisco

In our last post, we highlighted the dangers that await consumers in shopping mall parking lots. Essentially, the crush of shoppers makes prime parking spots scarce. Motivated shoppers may have little patience for discourteous drivers and may take chances that they usually don’t take in trying to get a parking spot. As such, the chances for accidents can increase.

Nevertheless, drivers should know what to do should they be involved in a parking lot crash. This post will highlight some helpful tips.

Trade insurance information – It may seem obvious, but exchanging insurance information is an important aspect of handling an accident. However, if there is some reason why the other driver does not provide his or her information, this may be indicative of another problem (such as lack of insurance).

Beware of mall parking lot shenanigans

Published on: December 11, 2014 | By Jeff DeFrancisco

If you’re going out to the mall to finish (or begin) your holiday shopping, you are certainly not alone. Given the improvement in the nation’s economy and the recent drop in gas prices, it is likely that more people will spend money this holiday season. It is reasonable to believe that retailers are banking on this, so it would not be surprising to see more sales to draw shoppers to the mall.

But with more consumers at shopping centers, the more crowded the parking lots will likely be; which increases the chances for an accident. A recent MarketWatch.com report indicates that more than one in five car accidents occurs in a shopping center parking lot. This number is likely to increase during the holiday season.

Indeed, the holiday season is supposed to be festive and bright, but that may not apply in parking lots where shoppers compete for the best spots. It is likely that drivers will get agitated when a driver sneaks by to grab a spot, or cuts a driver off to prevent a spot from being taken. When emotions run high, it is possible that drivers will take unusual and aggressive measures to land a spot.

What is a doctor’s duty and why it is important to patients

Published on: December 10, 2014 | By Jeff DeFrancisco

We have written many posts on the different types of damages an injured patient may seek in a medical malpractice case. However, we have not touched upon the different elements in such cases that lead to successful claims. Before a medical malpractice suit may be commenced, a physician (or hospital staff member) must owe a duty to a patient.

What exactly is a duty? Essentially a doctor must carry an affirmative responsibility to care for a patient before his actions (and competency) may be judged in a medical malpractice case. This comes by a patient either being assigned to doctor or by a patient seeking out a physician for a particular procedure or an examination.

Keep in mind that this is different from a doctor who sees a stranger in distress in a restaurant. In these situations, a doctor is under no legal duty to act (even though it would be a good and kind gesture to do so). Conversely, once a doctor decides to examine or advise a patient (whether assigned or sought out) a duty attaches.

How important are accident investigations?

Published on: December 9, 2014 | By Jeff DeFrancisco

Accidents during the holiday season are especially tough. The end of the year is typically when people hold holiday parties and family get-togethers. This is also a time where alcohol consumption can increase and lead to disastrous results. Such was unfortunately the case on a road in West New York.

Late on Saturday night, a woman from Clifton was driving her car west on Hillside Road when a driver coming from the other direction lost control of his car. The two cars collided, with the eastbound car careening through a fence and into the hillside. Authorities found the driver trapped in his car and critically injured. He was extracted from the vehicle and taken to the hospital where he was pronounced dead.

Authorities have not completed an investigation, but early indications suggest that speed, road conditions and alcohol may have played a part in causing the crash. An accident investigation is also important because it can answer lingering questions surrounding fault. This is important not only in establishing potential criminal liability, but for civil liability as well.

Common medical malpractice defenses

Published on: December 5, 2014 | By Jeff DeFrancisco

It may difficult for a patient to bring a medical malpractice claim against a hospital or a physician. There are many elements that do not always favor an ailing patient, including the lack of money available to properly investigate the claim, the ambivalence in the justice system because of how long it may take, and the constant pain a malpractice victim may be in.

But even in the midst of bringing a malpractice claim, a plaintiff (or at least a plaintiff’s lawyer) must prepare for the various defenses a hospital, nurse or physician may bring. This post will identify a few of them.

Disputes over standards – In order to prevail on a medical malpractice claim, a plaintiff must show that a physician’s or nurse’s actions fell below the standards expected of medical professionals in similar situations. As such, a defendant may argue that his or her actions fell squarely within the professional standards expected.

Why is the airbag recall important?

Published on: December 4, 2014 | By Jeff DeFrancisco

It seems like 2014 will be remembered for the year of the auto recall. First it was General Motors, with the ignition key problem that threatened to stop running cars based on the weight of a keychain. The recall reportedly affected millions of cars and led to GM being subject to a $35 million fine.

The latest recall has to do with airbags. According to an ABC News report, airbags supplied by Takata Corporation are responsible for scores of injuries and three deaths. Essentially, the canisters that house the airbags could disintegrate when the airbags inflate; thus sending shards of shrapnel like metal into unsuspecting drivers. Takata airbags are in cars manufactured by many major automakers, including Honda, Nissan, BMW and General Motors.

In November, the National Highway Traffic Safety Administration gave an urgent warning to millions of car owners to immediately take their cars in to get their airbags replaced. The warning was especially critical for car owners in places with high humidity.

CA Supreme Court to examine constitutionality of damage caps

Published on: December 3, 2014 | By Jeff DeFrancisco

In a prior post we highlighted the failed legislative initiative in California to overturn the state’s cap on non-economic damages in medical malpractice cases. The current law, which was enacted by the legislature in 1975, limits the amount of money plaintiffs in med mal cases may be awarded by a jury to $250,000. In the nearly 40 years since the law was passed, this amount has not been adjusted…even for inflation.

California’s law has likely been the impetus for similar laws by legislatures around the country, especially as jury awards for pain and suffering continued to rise in the 1980’s and 1990’s. In fact, it is arguable that states that did not have non-economic damages caps were more likely to lose physicians who were not able to pay the skyrocketing insurance costs ostensibly driven by the fear of large medical malpractice awards.

However, as more information comes forth indicating that tort reform does not actually lower medical costs, some states are re-thinking their caps on liability. For example, the Florida Supreme Court recently found that damages caps are unconstitutional. The court explained that such caps served no other purpose than to “arbitrarily punish the most grievously injured or their surviving family members.”

Can a retailer be held liable for Black Friday injuries?

Published on: December 2, 2014 | By Jeff DeFrancisco

To the most fanatic shopper, Black Friday (and in some cases, Gray Thursday) is like the Super Bowl of shopping dates. There are likely weeks of planning and training, as well as time taken out to stake a spot for the most coveted of deals. For what is probably a thrill to get a fabulous deal may also come with substantial danger. After all, there is a story every year about someone getting injured in a Black Friday sale.

So when a patron is injured in these situations, can the retailer be held liable? Of course, it depends.

As a matter of law, retailers have a duty to keep patrons safe from hazards while shopping on the retailer’s premises. Essentially, they have to use reasonable care in keeping customers from being injured by hazards they knew about or should have known about. Common hazards include spills, broken glass and flooring that has become unstable.

Cell phone use increases despite safety warnings

Published on: December 2, 2014 | By Jeff DeFrancisco

If you drive in the state of New York, chances are that you know that using your cell phone while driving is against the law. The same would apply if you were driving in New Jersey or Connecticut as well. The laws are likely a result of public pressure to limit the number of accidents caused by distracted driving.

And for the most part, the public has responded. According to a recent State Farm Insurance study, fewer people are talking on their cell phones while driving. However, more people are accessing the Internet. Researchers indicated that in 2009, 13 percent of drivers polled indicated that they surfed while behind the wheel; but today, 26 percent said that they were on the Internet while driving.

A number of people polled indicated that they accessed email accounts while driving, and others said that checking social media sites such as Facebook and Twitter were important. State Farm’s director of technology research explained to USA Today that he did not understand why people would continue to engage in such risky behavior, but it may be the popularity of smartphones that may be a contributor to this trend.

Cruise ship doctors could be held liable after landmark ruling

Published on: December 2, 2014 | By Jeff DeFrancisco

Today’s modern mega cruise ships are engineering marvels. They include elaborate boulevards that resemble actual city blocks and shopping malls. They have multiple signature restaurants, waterslides, ice skating rinks and even rock climbing walls. They also have state-of-the-art medical facilities to handle people who become sick or injured in the course of having fun on their cruise.

However, if a patient is sickened or injured because of a doctor’s negligence, the patient was usually out of luck. Medical malpractice cases against cruise lines were commonly dead on arrival because of maritime laws that generally insulated cruise ship medical staffs from liability in U.S. courts.

Nevertheless, a recent ruling by the U.S. Court of Appeals for the Eleventh Circuit may change this going forward. Essentially, the court rejected the application of the so-called “Barbetta rule” which immunizes a shipowner from liability under the legal theory of respondeat superior when a ship’s employees are negligent in rendering medical care to passengers. Because of this, a wrongful death action based on medical malpractice alleged against a ship’s doctor on a Royal Caribbean cruise ship was deemed worthy of going forward. It was initially dismissed by the trial for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure.