I recently read through cases in the New York Law Journal and thought my website visitors would be interested in a few brief summaries. I’ve written them below. – Stephan H. Peskin
Pedestrian was injured when hit on his head by a slab of concrete that fell from a ceiling at a work site where contractors were working. Contractor asked the court to dismiss the case against them. The court denied their request and found that the work they were engaged in involved a risk of harm and that the contractor should have know that. Whether the work was inherently dangerous was a question of fact that a jury should rule on. The case will now proceed to trial, where liability for the falling-object injuries will be determined. Clarke v Fieldbridge Associates. NYLJ 1202594651939. Decided March 13, 2013.
In litigation, time matters. Raul Rivera fell on the sidewalk because of a defect. The law requires that he file a Notice of Claim within 90 days of the sidewalk accident. He waited a year. He then applied for permission to file a late notice of claim and the Court rejected his application. No Notice of Claim means he cannot file a lawsuit regardless of the extent of his injuries. This is a perfect example of the need to contact an experienced attorney immediately after an accident. Matter of Rivera v. NYC, NYLJ 1202594651818. Decided March 21, 2013.