Property Issues

 

THE CITY; POTHOLE LAW LIMITS CLAIMS AGAINST CITY
As of April, 2003, landlords, rather than the city, are liable for injuries to passersby. Landlords are responsible for sidewalk accidents when it can be proven that they landlord received active notice (they were actually told) or constructive notice (a reasonable person would have known) that the sidewalk was in disrepair. If the building was uninsured, however, the City of New York may be responsible.



Lawyers & Their Clients

 

Risks of Going to Trial                   

A recent study regarding civil lawsuits illustrates that plaintiffs benefit more financially when their respective cases reach settlements rather than being taken to court.  Contrary to the study’s findings many injury victims compare settlements to “only winning half the prize.” They believe that by going to trial there is more money to be earned and additional compensation to be awarded.  However, the study indicates just the opposite and estimates that individuals are actually loosing an average of $43,000 for each time that they decide to take their cases to court.  So why are people falling into this costly trap..?



Medical Malpractice Corner

 

Bad Doctor Gets 10 Years in “rent-a-patient” Scam

A Los Angeles doctor, William Hampton was billing health insurance companies more than nine million dollars in unnecessary surgical procedures. He came up with pointless surgeries including the “sweaty palm surgery” which he persuaded his patients to get. He preformed over four hundred unnecessary surgeries. In November of 2007, he was convicted of health care fraud. Although, the government could only prove that health care companies lost about ten thousand dollars. Recently in July, the fraud was confirmed and Hampton was sentenced to ten years in federal prison.



Auto World

 

Motorcycle Accidents Continue to Rise

The deaths of motorcyclists have increased dramatically in the last year. Experts are blaming the price of gasoline and how it has skyrocketed in the past few years. Motorcycles receive fifty miles per gallon whereas automobiles get approximately twenty miles per gallon. This has caused for a remarkable increase in the number of motorcyclists traveling every day.  Also laws are not as strict as they used to be. In 1975, forty-seven states required a motorcyclist to wear a helmet; in 2007 it is only a law in twenty states. It has also been proven that motorcyclists killed were more likely to be under the influence of alcohol and to be riding without a correct license than an average car driver.

The Motorcycle Safety Foundation is trying to change the number of people killed while on a motorcycle. They have five key recommendations that they believe all motorcyclist should follow to be more safe on the road. They recommend that all motorcyclists are trained and licensed, wear protective gear, ride unimpaired, ride within their own skill limits and take refresher rider courses. This foundation believes that through leadership to the motorcycle community riders will become safer and the numbers of motorcycle deaths will decrease. 

http://www.msf-usa.org/



Issues in the Work Place

 

New York State Raises Construction Site Standards 

In hopes of avoiding further construction site accidents, New York City has finally taken action as members of the City Council met recently to pass new construction and building code legislation. The meeting came soon after two construction site cranes failed, tragically taking nine lives and causing extensive damages to nearby buildings.  At the conclusion of the council’s meeting three main bills emerged. The first new bill requires that work sites be kept "clean," meaning free of loose materials and various tripping hazards...  

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