 Property Issues |
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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.
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| Lawyers & Their Clients |
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Witnesses and Cell Phones
When we question witnesses, we pay very close attention to whether they use a cell phone while driving. There was a recent article in the New York Times pertaining to this. Studies have found that accidents caused when a person is on the phone, are not cause by a malfunction of the hands but the brain. The National Safety Council wants to place an all-out ban on cell phone use while driving. They believe that people need to be educated about this dangerous behavior.
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| Medical Malpractice Corner |
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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.
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| Auto World |
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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/
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| Issues in the Work Place |
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Appellate Division Sides with Undocumented Workers
The Appellate division recently decided that it will not tolerate unsafe work places for its employees. If those employees happen to be undocumented workers then the same rule applies. In this case the court went one step further and said even if the employee obtained his employment though fraudulent means, that is, he used fake identification papers to hide his immigration status then the rule stands.
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Long Island:
1778 Hempstead Turnpike·East Meadow
(516)222·4000
Manhattan:
The Graybar Building·420 Lexington Avenue
(212) 349·2181
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Recently Added to The Library:
1. Goldstein and Bashner's "Personal Injury" Blog
2.Goldstein and Bashner Press Release Regarding Injured Harlem Resident
3. Partner Neal Goldstein's "Linkedin" Profile
4. Long Island accident Lawyers help client to win a favorable decision in automobile case
5.IBEW Railroad Member is Grateful for Settlement from Electrical Explosion
6.Virginia Personal Injury Lawyer Ben Glass's Website
7. The IBEW Local 589- Long Island Railroad
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