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New York Personal Injury Law Blog

What to be aware of when dealing with a nursing home

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Nursing Home Neglect on Tuesday, May 21, 2013.

While the ideal situation for older New York residents would be to remain in their home, this is not always possible due to their health and financial situation. In such a case, the only option may be to put a loved one in a nursing home and it is important to be aware of any signs of nursing home neglect or abuse. These signs can be bed sores, dehydration, cleanliness, or even malnutrition problems.

Several studies have been conducted to analyze the treatment that older Americans receive in nursing homes and these studies have led to a list of concerns that families should have. One of these concerns is the use of psychoactive medications on patients; a study revealed that many residents receive these types of drugs as a form of discipline. Another concern is physical restraints, which are only legally allowed in situations where the patient’s medical condition or treatment calls for it. 

Liability applicable for loose cows, New York court says

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Premises Liability on Thursday, May 16, 2013.

People in New York have a general understanding that if they suffer an injury on private property, caused by negligence on the owner’s part, they have grounds for a lawsuit against that owner. It is even understood that a dog bite or attack also fits under a liability for the property owner, even if the dog somehow escaped from its yard. What is not so clear when it comes to premise liability is if the same statute can be applied to animals that escape and cause accidents.

A woman filed a lawsuit against property owners in North Bangor after she hit a cow that was standing on the road at night. The lawsuit claimed that the owners were negligent in allowing the cow to escape and therefore should be liable for her injuries from the accident. The New York Court of Appeals agreed with the woman, giving her the legal right to move forward with her lawsuit after it was denied by the lower courts.

Failure to put emphasis on safety cause of injuries to workers

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Construction Accidents on Tuesday, May 7, 2013.

When workers rush into an area that has been devastated through a natural disaster or other large-scale event, often there is a feeling of urgency to rebuild and give people back their homes and businesses. However, in the rush to get things done, sometimes construction workers end up injured, putting a further delay on projects. Defective equipment, disregard of safety rules and other issues unnecessarily put workers in harm’s way. Back injuries can prevent a worker from providing for their family and have been known to cause a lifetime of pain and discomfort.

Queens car accident involving auto shop leaves 1 dead, 2 injured

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Distracted Driving on Saturday, May 4, 2013.

When a car accident occurs, one factor that law enforcement looks for is a sign of distracted driving. Queens is an extremely busy community and it can be easy for a driver to be distracted by their cell phone, fatigue, a beautiful sports car or a pedestrian. Driver distraction can happen at any time so it is important for people to eliminate as many distractions as they can. This may involve turning off the cell phone, avoiding playing with a radio and keeping one's eyes on the road at all times.

An investigation of an accident that recently occurred in Queens may show that a driver was distracted by something at the time. For currently unknown reasons, a car ended up in an auto-body shop after it collided with another vehicle. The impact from the force resulted in the death of one of the shop's workers, a 33-year-old man.

New York construction worker reaches settlement in injury lawsuit

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Construction Accidents on Tuesday, April 23, 2013.

Scaffolding accidents can result in some pretty serious injuries because the victim usually falls more than a few feet. It therefore falls upon the construction company managers to ensure that scaffolds are secured and safe before they allow their construction workers to stand on them. When scaffolds give way, workers can suffer back injuries that result in permanent disability, preventing them from returning to work or being able to support their families.

A carpenter was working on a commercial building in East Amherst and needed to take some measurements for a wall on the second floor. He stood on what he thought was plywood and crashed 14 feet down. Instead of plywood, someone had put particle board over an opening, which was unable to support his weight. The accident paralyzed him, preventing him from moving into a new career opportunity and working.

Coroner checking for nursing home neglect after death

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Nursing Home Abuse & Neglect on Monday, April 15, 2013.

While many nursing homes in New York City strive to give their patients the best care possible, the job of caring for someone who needs constant attention can be draining physically, emotionally and mentally. At times, staff may grow negligent in their responsibilities, committing overmedication errors, failing to make sure that the patient eats the right foods or even allowing them to hurt themselves. In some cases, nursing home neglect may even go undetected when the patient dies, especially if the coroner isn't looking for signs of neglect or abuse.

A county coroner is actively conducting an investigation when a nursing home patient dies to make sure that they were not victims of abuse or neglect. The idea is to promote awareness and prevention rather than try and catch a nursing home that has mistreated a patient. However, if the coroner does find evidence of neglect as he has in past cases, he will likely make sure that someone else knows about it to protect the other residents in the home.

Family says New York City responsible for death of loved one

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Municipal Liability on Tuesday, April 9, 2013.

Public transportation systems, such as busses and subways, enable people to get around New York City fairly quickly. However, it is the responsibility of the city and the Metropolitan Transit Authority to make sure that dangerous road conditions and other hazards are addressed to protect the safety of their passengers. When an MTA accident happens, the injuries can be fatal.

In December an argument allegedly broke out between two men on a subway platform. One of the men, who is homeless, was allegedly recorded telling the other man to leave him alone. The reason for the argument is unknown but moments later, the homeless man pushed the other man as a subway train was approaching. The man died from the impact with the train. Now the family of the victim has accused the MTA of negligence.

New York City laws don't work for pedestrian victims

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Distracted Driving on Tuesday, April 2, 2013.

Everywhere you go in New York City, you see people out on the sidewalks. In the city that never sleeps, there is always something going on, and it is important for motorists to avoid distractions that can lead to a car accident. When a pedestrian is hit due to driver distraction, the injuries that a victim receives can be extremely serious and in some cases, fatal. Sadly, drivers who hit pedestrians are not always held criminally responsible for their actions.

A distracted driver ran into a 16-year-old when he took his eyes off the road in front of him to pick up a carton of milk that had fallen. Instead of being charged with reckless driving, the man was charged for driving without insurance. The teenager died. This case and others are an example of the failure of New York City laws to seek justice for citizens when they are victims of pedestrian accidents.

New York City construction worker injured in underground tunnel

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Construction Accidents on Saturday, March 30, 2013.

When people think of construction in New York City, they often picture tall cranes and a crew of men working on a building. However there is quite a bit of construction that takes place beneath the city streets and when a construction site accident happens, it can create a difficult situation for rescue workers. Explosions are not uncommon and workers must always be on the lookout for mud that has the power to suck them in and suffocate them.

One construction worker is lucky to be alive after a workplace accident immersed him in mud up to his waist. For four hours, rescuers worked to free him as well as keep the earth from swallowing him up. The man was one of several working on building a new tunnel for New York's subway system when he slipped, falling into the thick mixture.

New York City sued after broken stop sign post causes fall

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Premises Liability on Tuesday, March 19, 2013.

It is the responsibility of a city to make sure that its roads, pathways and other public areas are maintained regularly. When cities and counties fail to do this, safety hazards arise, putting residents at risk of injury. Simple accidents like trips, falls and running into a protruding object, can give someone more than a bruise and a couple of scrapes. Improper road maintenance, for example, could cause someone to trip and pull muscles, dislocate limbs and create painful health issues that extend over a long period of time.

One woman and her husband, a councilman in Harlem, have filed a city liability lawsuit in the wake of such an accident. Apparently, a car hit a stop sign near a market, snapping the post. Two weeks later, the councilman's wife made a trip to the store. It was dark outside, being around 10:30 at night and she apparently did not see the protruding post. As a result, she tripped and subsequently suffered several injuries from the fall.