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Posted on April 19, 2018 by Jeffrey K. Kestenbaum
Riding a bike through the countryside doesn’t quite prepare you for the challenges you will face if you ever decide to bike through the concrete jungle of New York City. Driving in such a busy city can be challenging enough; riding a bike can be absolutely terrifying.
With so many cars and pedestrians, dangers abound everywhere. One wrong move can lead to a collision with a car that can cause serious injuries and even death.
Posted on March 31, 2018 by Jeffrey K. Kestenbaum
Safety is one of the most important considerations in any construction project. To be sure, construction incorporates electricity, heights, and machinery, making it one of the most dangerous industries. In fact, it has the third-highest rate of workplace fatalities.
Accidents happen quite often, even when there are supervisors on hand. Many of these accidents involve falls. Falls account for 30 percent of fatalities in the construction industry.
Posted on March 27, 2018 by Jeffrey K. Kestenbaum
A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?
Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.
Posted on February 27, 2018 by Jeffrey K. Kestenbaum
When a person is killed by another person’s accidental or intentional acts, it is considered wrongful death. The surviving family members of the victim may be able to file a wrongful death claim against the liable party. This allows the family to receive compensation for damages, whether or not the liable party is convicted of a crime.
However, each state has specific laws that apply. In order to receive any type of compensation, you must first prove that your loved one died a wrongful death.
Posted on February 22, 2018 by Jeffrey K. Kestenbaum
Car accidents can cause a host of injuries, depending on the impact involved. Some victims suffer lacerations, broken bones and neck injuries such as whiplash. Head injuries are also common. In fact, motor vehicle accidents are the third most common cause of traumatic brain injuries (TBIs).
Brain injuries are no laughing matter. While most (75 percent) are minor, others are moderate to severe in nature. Some can even affect a person for the rest of their life. Read on to learn more about the different types of brain injuries and the effects they have on the human body.
Posted on January 29, 2018 by Jeffrey K. Kestenbaum
It’s cold this time of year in New York. Temperatures drop below freezing, sometimes bringing ice, rain, winds and heavy snow.
The extreme weather conditions bring about concerns regarding snow, heating, and rodents, especially for tenants. Landlords have a responsibility to provide livable conditions for tenants. With the average apartment in New York City renting for roughly $3,000 a month, you’ll want to know what exactly you’re getting for that kind of money. Who is responsible for snow removal? Do you have to pay for pest control?
Posted on January 25, 2018 by Jeffrey K. Kestenbaum
Texting and driving is becoming more prevalent in our society. Virtually everyone has a smartphone nowadays, and many people want to be connected to it 24/7—even while driving. However, driving and texting is a dangerous activity that leads to many car accidents every year. Many cause serious injuries and even death. As a result, many states have enacted laws prohibiting drivers from using cell phones.
Posted on December 20, 2017 by Jeffrey K. Kestenbaum
Holiday car accidents can really take the joy out of the Christmas season. But with winter weather and people drinking and driving, it’s something you need to be concerned about. This is the deadliest season to be driving, so if you must be out on the roads this time of year, make sure you drive safely.
The holidays can be hectic, but instead of speeding on the roadways, slow down and take a little extra time to get to your destination. Here are some other tips to keep you and your loved ones safe this holiday season, as well as sometimes to avoid driving.
Posted on December 11, 2017 by Jeffrey K. Kestenbaum
This time of year is dangerous when it comes to walking and driving. Winter weather conditions can lead to icy sidewalks and roads. These can be dangerous for pedestrians, bicyclists, and motorists. Cars and bicycles have no traction on ice, while pedestrians can slip and fall on ice and suffer back and head injuries and even die.
Not everyone can see black ice, which makes it especially dangerous. Black ice forms in rainy weather, when the air’s surface is at or below 32 degrees Fahrenheit. The rain freezes once it hits the ground, creating ice. When the ice or snow melts and then freezes again, it creates black ice.
Read on to learn about where to find black ice, how to stay safe and what the law says about liability for slipping on ice injuries.
Posted on November 27, 2017 by Jeffrey K. Kestenbaum
In a word, yes. You absolutely can sue your landlord if there are bedbugs in your apartment – provided you follow the correct protocol for reporting the infestation beforehand. This type of lawsuit is known as a landlord negligence claim. With one, a tenant can claim that their landlord failed to adhere to the implied warranty of habitability. A few important components of this legal requirement are:
