An early morning explosion flattened a two-story house in Wilson, New York, on Tuesday, July 24, killing a 14-year-old girl. The house, in a rural area of western New York, exploded around 6a.m. and was quickly reduced to a pile of rubble, according to the Associated Press. [Read more…]
Workers’ Compensation Rates reduced for New York Employers
Workers’ Compensation premium rates are being reduced in New York for the first time in four years. The news came following an announcement from Governor Andrew Cuomo that New York businesses have been paying substantial surcharges to help the state repay a federal loan for unemployment costs. [Read more…]
What Is An Unsafe Sidewalk?
By Matthew V. Villani
The New Jersey Supreme Court has ruled that commercial property owners owe a duty to those using their sidewalks. Specifically, commercial property owners have an affirmative duty to maintain their sidewalks. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991). [Read more…]
What Happens When You Are Injured By An Unidentified Hit And Run Driver?
A Department of Transportation study reported that 1 out of every 5 pedestrians killed in an auto accident was a hit and run victim.
Even though you may not be able to identify the driver or owner of the vehicle that injured you in a hit-and-run accident, you may still be able to recover compensation for your injuries. Although it is not mandatory, many automobile insurance policies provide Uninsured Motorist Benefits (“UM”). If you have UM coverage, then you are entitled to make a claim against your own insurance company to compensate you for your loss. Your insurance company essentially steps in the shoes of the “unidentified” driver. [Read more…]
Fourth of July Yacht Trip Ends In Deaths of Three Children
Sadly, a family trip on a yacht to watch the Fourth of July fireworks ended in the death of three children aged 12, 11 and 8. The boat, which was pulled out of New York’s Long Island Sound on July 5, was scheduled to provide family and friends with the perfect place to view the Fourth of July fireworks. [Read more…]
Injured As A Result Of An Amusement Park Ride? You Have 90 Days To Give Notice Of Your Claim Or You May Have Waived Your Rights To Bring A Lawsuit
By Matthew V. Villani
Generally, the proprietor of an amusement park is bound to exercise reasonable care and to “render the premises reasonably safe and fit for the use intended.” Clayton v. New Dreamland Roller Skating Rink, 14 N.J. Super 390, 395 (App. Div. 1951). This principle governs accidents that occur on the grounds of amusement parks and similar facilities. However, if the personal injury is related to the operation of rides at the amusement park, it is subject to the Carnival-Amusement Rides Safety Act (CARSA), codified at N.J.S.A. 5:3-31 to-59. [Read more…]
New Jersey Drowning Accidents
July is here, and along with it comes the hot, humid, New Jersey summer days. While swimming and water-related activities provide a much-needed break from the heat, they also present risks of serious, even fatal, injuries. This summer, take special care to make sure you are not a victim of a drowning accident in a pool or a New Jersey waterway. [Read more…]
When Is Someone Legally Responsible For Your Injury?
By Matthew V. Villani
“Before recovery may be had, a duty must exist in law, and a failure in that duty must be proved as a fact.” Mergel v. Colgate-Palmolive-Peet Co., 41 N.J. Super.372, 379 (App. Div. 1956). There can be no recovery in a negligence action if the actor violated no duty owed to the injured party. Karuth v. Geller, 54 N.J. Super.442, 453 (App. Div. 1959). Furthermore, “negligence is tested by whether the reasonable, prudent person at the time and place should recognize and foresee an unreasonable risk or likelihood of harm or danger to others.” Rappaport v. Nichols, 31 N.J. 188, 201 (1959).Therefore, the standard of care must be that of “a reasonable person of ordinary prudence” under the same or similar circumstances.” Butler v. Acme Markets, Inc., 177 N.J. Super.279, 286 (1981). [Read more…]
Teenager Sentenced to 2 ½ Years for Texting While Driving Before Fatal Accident
A Massachusetts court has sentenced an 18-year-old driver to two and a half years for a fatality he caused while texting behind the wheel.
The teenager was one of the first persons in the nation to be sent to prison as a result of criminal charges related to texting while driving. [Read more…]
NTSB Report Reveals Bus Crash that Killed 15 Was Caused by Driver Fatigue
The National Transportation Safety Board, or NTSB, issued its findings last week after a year-long investigation surrounding a Bronx bus crash that killed 15 people last year. The report concluded that the accident was likely caused by a combination of driver fatigue and a bus company that failed to abide by safety rules and regulations that are intended to protect the public and employees. [Read more…]