Snow and Ice Cause Dangerous Conditions on the Walkways of New York City and Long Island
New York City and Long Island are known to have heavy snowfall during the winter months between December and March. The sleet, ice, and snow tend to make life difficult for the locals to a great extent. One of the main issues faced by New Yorkers due to the snow is falling or tripping on the sidewalks. This mishap takes place in places where the sidewalks are not cleaned properly. The negligence shown by the property owner or manager of not removing the snow from the sidewalk can cause personal injury to any person. Common injuries due to snowfall: Wounds or bruises from the fall Getting a muscle tear (arms and legs) Head injury or trauma Dislocated joints A personal injury lawsuit can be filed by an individual with mild to severe medical concerns. For this purpose, it is best to hire a personal injury attorney to get compensation for paying present and future medical bills. Who should be held responsible for the injury? A property owner must maintain a public sidewalk, parking lot, etc., during the winter season by removing snow properly. This is imperative for everyone based on the rules mentioned in the New York City Administrative Code Administrative. The property owners in the city must also ensure that the snow and ice removal from the sidewalks is done in a proper manner. However, there is a little issue concerning the timing of cleaning the snow from the sidewalk. The city has a “storm-in-progress” rule that basically gives property owners four hours to remove the ice after the snowfall has taken place (excluding the hours between 9:00 p.m. and 7:00 a.m.). So, if an individual falls on the slippery sidewalk during this duration, the property owner cannot be held responsible. It is because of this clause that people who face personal injuries from falling on an icy sidewalk must consult an experienced attorney to file a lawsuit. What are the steps to take after getting injured on a sidewalk? If you come across a slippery sidewalk while walking down a street in New York City or Long Island, do not try to show your brave side. Slipping on an icy sidewalk can lead to serious injuries that can impair you in many ways. Hence, it is suggested to avoid unclean sidewalks after heavy snowfall in the city. When you fall on a sidewalk due to snow on the ground, the following steps will help you get compensation from the parties who are responsible for creating a hazardous environment for the general public: Click photographs immediately Although getting injured on a sidewalk can be a traumatic experience for you, it is important to stay calm and collect evidence as soon as possible. You can click photographs of the unclean sidewalk and even record videos highlighting the negligence shown towards public safety. This will help you build a strong lawsuit in court. Look for witnesses around you It might surprise you to know that a lot of people can be helpful during a public accident. You can speak to witnesses and note down their testimonials of the incident. Make sure to get their name and contact information in case their observations might be needed in a legal case. Ask for medical help if needed You cannot risk getting a concussion or any other type of internal damage by falling on a slippery sidewalk. Keeping this in mind, it is recommended to ask for medical help if you feel any form of pain or discomfort that you cannot bear. Hire an experienced attorney Public safety is a serious matter in New York City and Long Island. As a citizen of this part of the country, you have the legal right to always feel safe in your neighborhood. If dangerous conditions arise due to unclean sidewalks during the snowfall season, you must be provided compensation for all medical bills. An experienced personal injury attorney at a reputed law firm should be consulted to fully understand your rights and proceed with a lawsuit in a systematic manner. In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
Nursing Home Staff Safety Critical to Resident Safety
The safety of older adults residing in a nursing home is a matter of concern for their family members. It is because of this reason that people are unable to find a suitable nursing home or assisted living facilities easily. In the United States, more than 1.5 million people above the age of 65 live in a nursing home due to personal or medical reasons. Keeping this in mind, it is important to learn more about their safety in case of a personal injury endured because of the negligence shown by the nursing staff. The following two questions will help you understand this matter aptly: How safe are seniors in a nursing home? It is an unfortunate reality that older adults who live in a nursing home often face safety issues. This is mainly due to the carelessness of the nursing staff members. However, there are a number of reputed nursing homes and assisted living facilities that follow strict safety protocols within the premises. For this purpose, the following factors are taken into account: Ensuring Safe Patient Transfer When a resident is supposed to be transferred to a hospital in case of a medical emergency, the nursing staff needs to take utmost care and precaution. During this transfer, the safety of the resident is in the hands of the nurses. If an accident or mishap takes place, they will be held responsible. Handling Medical Equipment Properly From a simple blood pressure machine to a high-end wheelchair, the nursing staff must have expertise in operating every medical equipment needed for the care of older adults. In case a resident gets hurt due to mishandling of these instruments, then compensation can be asked for current and future medical bills and care. Maintenance of the Nursing Home A nursing home should be well-maintained in order to provide maximum comfort and security to older adults. It is imperative to have a fire alarm system in place along with safe electric wiring. Injuries caused due to an unsafe environment within the premises of a nursing home are the responsibility of the owners. Hiring Authorized Personnel Safety standards at a nursing home can be ensured only when authorized nursing staff members are hired by the property owners. Background checks and proper documents are essential for every staff member. An individual with a history of physical abuse and/or prison record must not be hired for the care of residents at a nursing home. What are the factors to ensure their safety? A nursing home for older adults is a safe place when it follows state and federal guidelines properly. In some cases, nursing staff members do not pay attention to residents’ safety concerns that result in serious injuries and accidents. In such a scenario, a personal injury attorney should be consulted to get the right guidance for filing a lawsuit against the nursing home. Mentioned below are some of the most important safety rules that must be followed at a well-established nursing home: Fall Prevention The most common issue faced by older adults is falling in a nursing home. When the nursing staff is not paying attention to a resident, the chances of falling from a bed, wheelchair, walker, etc., are very high. It is because of this reason that fall prevention is taken very seriously at a nursing home. Medication Protocols The right amount of dosage must be provided to every nursing home resident at a fixed time as prescribed by their medical practitioners. Overdosing and incorrect medicines are some examples of negligence that can lead to adverse effects on an aging person. Thus, medication protocols must be always followed. Infection Control The Centers for Disease Control and Prevention (CDC) has provided several tool kits, guidelines, and other forms of literature on infection control, especially for nursing homes and assisted living facilities. Training sessions must be provided to nursing staff members to safeguard the residents from communicable infections such as COVID-19, swine flu, dengue, and the like. Security Measures People who are residing in a nursing home must be given a secure environment to live in peacefully. CCTV surveillance and security personnel must be deployed within the premises. A personal injury from an abusive nursing staff member, unruly resident, or any other dangerous person can be a viable cause for a lawsuit. In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
Why Witnesses Are Crucial To Personal Injury Cases
With every accident or injury comes the potential for a personal injury lawsuit. Accidents come in different forms, so always be aware – if you think that you have a personal injury case, Siler & Ingber is ready to hear your claim. An issue that attorneys take umbrage with is the lack of witnesses. It is always extremely helpful for a jury to come to a decision in the plaintiff’s favor if there are firsthand account witnesses. Firsthand witnesses could be the key to winning substantial earnings. Witnesses are so important because they can provide testimonies in court, addressing the jury in favor of the plaintiff. This is meant to reassure the jury that what is being claimed occurred. Remember, they are UNDER OATH when they take the stand and firsthand accounts are always in favor of the plaintiff. The legal term used is a “layman” – defined as someone who has seen an injury take place with their own eyes. It doesn’t matter the kind of personal injury case one may have, they come in different forms as mentioned earlier, and these “laypersons” serve to enhance the plaintiff’s case while in court. If you’re lucky enough to get an EXPERT witness, the chances of winning your case will skyrocket, given the experts proven credentials. Being able to have an expert witness represent your specific case with their immense proficiency in their related field is priceless. Ok – not literally priceless, but the chances of a jury believing the words of an expert witness greatly improves the plaintiff’s odds of winning the case. That’s what we do at Siler & Ingber, we ensure that we do everything in our power to provide our clients with every possible legal tool to win their case, including the usage of expert witnesses. Remember, these are specialists in their field with years of experience. The higher the rank in expertise, the better the chance for the plaintiff to win. ATTENTION ALL FUTURE WITNESSES: always be aware of your surroundings, ensuring your own safety and potentially the safety of those around you. Take note of where you are, the time of day, relevant details to simply be aware, etc. Other steps one may take: Help the injured person in any way you can Provide your contact information to the injured party for future discussion If possible, take photos of the incident – this will help if/when the case goes to trial If the person is unable to respond or is incapacitated, whip out your phone and type what you see, being as detailed as possible. Voice memos work for this just as well Show up to court as needed as it will provide the plaintiff with supreme confidence It’s not always easy to find a witness to corroborate one’s claim, which is why it is of paramount importance that necessary steps are taken to ensure at least one eyewitness that will testify for the plaintiff in court. Things of note to know about a witness are the following: Name, address, any relevant contact information, etc. Preparation – make sure the witness feels as comfortable as possible before speaking in court. The plaintiff and the witness must be on the same page regarding details of the incident, such as the time of day, location, people involved as well as how long the accident took place, etc. Sometimes, a witness will feel uncomfortable presenting in court. In these instances, the plaintiff must ask the witness to speak about the accident in-depth and in detail, while they write down their testimonial – then it must be signed by the witness. Know that the goal is to have this person testify on your behalf, so treat the potential witness kindly and with respect. Contact us today at 1-877-529-4343, 1-516-294-2666 or schedule an appointment online at any time. There is NEVER a fee unless we recover money for you. Siler & Ingber refuses to rest and will continue to think outside the box for our clients.
Why are Witnesses Important to Personal Injury Cases?
There can be certain situations in life when personal harm can take place to any person with or without intention. Be it a workplace mishap or medical negligence, personal injury is a serious matter that should not be taken lightly. Keeping this in mind, it is imperative that you have a few witnesses who can speak in your favor in case of a personal injury suit. This is because their testimony can play a key role in proving your personal injury claim. As a result, you will be able to get compensation owed to you by another individual or organization. Moreover, it is suggested to consult a personal injury attorney who will be able to guide you through this process in the right manner. Mentioned below are important factors related to the role of witnesses in a personal injury lawsuit. Importance of a Witness The capacity of a witness in a personal injury case is making a statement in the presence of attorneys from both parties and/or jury. The insightful testimony given by a witness can help in strengthening your case to a great extent. Here are two types of witnesses that you can be helpful in a personal injury suit: Layman Also known as eyewitness, this is an individual who has seen an injury take place in front of their eyes. Whether you were administered wrong medications or or got hurt by merchandise in a retail store, their observations will be useful in making your case stronger. Some people presume that the role of eyewitnesses is limited. But in reality, in-depth information provided by this type of witness can affect the verdict immensely. Expert Witnesses who have prior knowledge, experience, or expertise in a specific field are called in to provide their testimonials in a personal injury lawsuit. These are people working as accident reconstruction experts, engineers, medical practitioners, highway safety specialists, and the like. Expert witnesses are hired by personal injury attorneys who have the right amount of experience to win your lawsuit. To say that one witness is more valuable over the other is not valid. This is simply because both types of witnesses can provide valuable information about a personal injury case. When You Do Not Know the Witness If you get injured in a public place, the chances of a few people witnessing are very high. In such a scenario, you should be able to find one individual who will be ready to make a statement for you. The following pieces of information must be noted down immediately: Name, address, and contact information of the observer Testimonial of the accident in their own words In case they do not feel comfortable, you must write down the incident and ask them to sign it When You Know the Witness In most accidents, there is one or two people accompanying the person who has been injured in a workplace or public area. Taking this into account, it is recommended to prepare them before filing for a personal injury lawsuit. For this purpose, here are some useful steps: Ask them to speak about the accident that they witnessed Help them in remembering key details about the location of the accident, people involved, time, and duration Write down their testimonial and get it signed in case they need to travel in the near future If they are available to appear in court, then make them feel as comfortable as possible. Pressurizing witnesses to speak in front of a judge is not a good practice. Things to Remember as a Personal Injury Witness In your everyday life, you might observe an accident taking place in an official setting, public place, etc. The following five points will help you understand your role as a witness: Help the individual who has been injured by providing them with medical assistance Provide your name and contact details in case this person wishes to file a personal injury lawsuit Try to click photographs of the incident, especially when it happens with your friend, colleague, or family member In a serious accident, the right move would be to write down your observations immediately. You can also make a voice memo on your smartphone as it will help in proving the personal injury later. Show up in court as and when needed. It will be a huge blessing for the person who has suffered from a personal injury to get their due compensation. In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
Are Children Safe in School Buses?
Going to school on public transport is a very common thing for children all over the world. While some prefer hailing a cab or taking the metro, there are a lot of students who like to avail the school bus service. This is simply because riding on a school bus is convenient for various reasons. For one, you do not have to worry about managing your daily transport. Secondly, the expense of school bus service is fixed. So, parents do not have to stress about paying more than they can afford. The only cause of concern that has arisen in recent times is personal injury taking place due to negligence in and around school buses. Here are a few useful questions that can you help understand the safety of children in school buses in the best possible way: Who is to be Blamed for a School Bus Mishap? In a situation wherein a child gets hurt on a school bus, parents can claim compensation for the medical expenses. Whether it is a mild accident or a life-threating scenario, the parties who can be responsible for it are: School bus manufacturer in cases where technical issues in the vehicle caused the accident School bus drivers who do not follow the rules set by the authorities efficiently School authorities or any other party under contract to provide transportation to children Vehicle service center where repairs and replacements of school buses take place Government bodies responsible for maintaining roadways in a city There have been unfortunate events that lead to permanent disability, long-term care, or even the death of a child in a school bus accident. Every parent in New York City has the legal right to claim compensation for their child’s damages. A reputed personal injury attorney should be consulted in this matter. How are School Buses Made Safe for Children? Children going to school should be provided with a safe route and mode of transport. Keeping this in mind, there are efforts by the authorities to keep school buses safe: Difference in Design The design of school buses can be easily distinguished from other buses operating in the city. Due to this reason, other drivers on the road remain cautious driving near a school bus. Provision under the Law The National Highway Traffic Safety Administration or NHTSA has developed strict laws that protect young children in school buses. All commercial passengers’ drivers must follow these protocols all at times. Along with this, people who are driving past a school bus or a stop also need to follow certain regulations. Compulsory Seat Belts Children who are used to going to school on a bus know the importance of securing themselves with a seat belt. However, there can be some students who might not be aware of this rule. For this purpose, regular awareness talks, and events are organized by school authorities to re-iterate this necessary rule of keeping seat belts on. Bus Stop Safety Waiting for the bus to arrive at a stop tests your patience immensely. But this does not mean that children or their parents do not maintain discipline at a bus stop. When the bus is at the curb, children should be standing at least three feet away. If children are too young to cross a street on their own, assistance should be given by the parents. When a child suffers from a personal injury due to a school bus mishap, the parents have the legal right to claim medical expenses from the school authorities or any third-party transport company involved in the matter. In case you know someone, who has faced this legal issue, and requires the services of a school bus accident lawyer, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.
COVID Cases Surge While Protocol For Juries Remains Uncertain
What an interesting, unfortunate situation COVID-19 has put us all in, our era will be written about in history books. Things that you never thought would happen suddenly gone in an instant. People are hurting, both mentally, emotionally and physically. Though it may seem bleak, there is still good in this world and it comes in many forms, from modern science guiding us in the right direction, to realizing that family is of the utmost importance. This virus and its subsequent variants have changed our world as we knew it into something we are trying to call, the “new normal”. Knowing that family, friends and loved ones are of such importance, Siler & Ingber, your Long Island, New York area personal injury/accident law firm is viewing the legal system in a creative and proactive way. We keep moving forward, preparing every case to go to trial. This global pandemic has brought us all closer together and while the world waits for Law Firms, juries and the entire judicial system to acclimate to COVID-19 protocols, (vaccinations, mask wearing, social distancing, etc.), Siler and Ingber continues to be aggressive with other avenues of alternative dispute resolutions, such as mediation and arbitration in resolving all client matters. With our clients’ best interest in mind, keeping them informed and in tune with their cases until the court system resumes to the best of its ability, we remain diligent in trying to book dates for trial. Pending cases are being left on hold, quite literally, as some attorneys and firms phone numbers cease to work. Hard working judges go into work every day following the proper protocols and their passion is to be commended, however, it is extremely difficult to commence a fair trial with a jury, given the current climate on where we are with COVID-19 and how Law Firms choose to bounce back from it. Siler & Ingber is not like every firm though. We do what is necessary for our clients, even in unprecedented times like this, by continuing to go to battle for each injury case to go to trial, with the knowledge that civil jury trials are of paramount importance. Preparation breeds success and we pride ourselves on that here at our firm. In doing research, there is no discrimination as to the size of a law firm when it comes to receiving the go ahead to schedule a trial date. It’s almost as though with each stride forward that we make in the fight against this everchanging virus, law firms are somehow no closer than they were a year or so ago to being able to book a date for their client to have a fair trial with a full jury. While few cases can be scheduled, delays and discrepancies in protocol is an undeniable cause as to why the rate at which they are moving forward has drastically decreased as this pandemic rolls on. Listen to this statistic – according to the New York Office of Court Administration, of the 2,000+ civil jury trials that took place in New York City in 2019, a mere 360 proceeded so far in this calendar year. There’s more to this than just numbers at first glance. When you truly analyze it, the trend is moving towards civil jury trials ceasing to exist. This is certainly not a given but is still a sad and potentially real possibility. Juries make It fair for our clients to receive what they deserve. Our personal injury attorneys have over 30 years of experience representing accident victims on Long Island. We protect your rights by maximizing recovery and securing the financial support our clients – we are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. Contact us today at 1-877-529-4343, 1-516-294-2666 or schedule an appointment online at any time. There is never a fee unless we recover money for you. Siler & Ingber refuses to rest and will continue to think outside the box and fight for our clients.
Falling Merchandise in Retail Stores
Have you wondered about getting injured by a stack of canned tomatoes at a store? Does it concern you that the personal injury caused by such an incident could lead to serious medical conditions? These questions might not concern a lot of shoppers who visit retail stores on a regular basis. But there are some people who have suffered from damages due to falling merchandise in a small or big store. In New York City, most big-chain outlets work as warehouses by storing a lot of products in huge numbers. In these retail stores, consumers pick and choose products according to their personal needs as and when needed. There are thousands of instances recorded in the Legislative Analyst Report – Warehouse Safety Standards that tell us about personal injuries caused by falling merchandise. Mentioned below are three key questions that you must note in order to safeguard yourself at a retail store. What are the common injuries caused by falling merchandise? When an individual is visiting a retail store to buy certain products for her/his official or personal use, they are supposed to get a safe environment. It is the legal duty of the brand to ensure that no personal harm is caused to consumers inside the store. The negligence shown by the staff members can lead to mild, as well as, serious medical issues listed below: Broken bones in the arms, neck, spinal cord, legs, etc. Herniated discs in the legs, neck, and back Bruises and lacerations in any part of the body Concussions and other forms of trauma in the brain Internal organ damage Fatal accident What are the safety rules that retail stores must follow? There can be situations where you visit a retail store to shop and face an accident. This can occur in various forms such as heavy tools falling on top of you, a pile of household appliances hurting your body parts, etc. The main cause behind such instances is the negligence shown by the store manager and staff members. People who suffer from injuries in retail stores due to merchandise falling on them have the right to get personal injury compensation. Safety rules that must be incorporated in retail stores are as follows: Standardized placement of heavy merchandise on lower shelves Secure stack of machinery, books, canned goods, etc., in an effective manner Regular inspection of racks and shelves to maintain safety within the store Avoid re-stacking items when customers are present at the premises Ensure that no products are hanging from the ceiling Proper training program from old and new staff members on safety management How do you get compensation for any personal injury? Even if you have not suffered from a personal injury caused by merchandise falling on your body, the chances of witnessing such an incident, at least once in your lifetime, are very high. Most of the time, people who get wounded at a store react in two ways. If the personal damage is not severe, they tend to brush off the matter. On the other hand, if their injury has led to serious medical concerns, then they demand compensation from the store. If you have come across a similar issue, it would be best to consult a personal injury attorney who will help you in proving the negligence shown by the retail store. Under the New York liability law, the store must provide compensation to the customer. 3 tips to keep yourself safe in a retail store: Being aware of your surrounding in a retail store is imperative for every individual. When you get wounded due to the negligence shown by the staff members, you will have enough proof to show in court. Here are three tips that you can take note of: If there are piles of canned goods or heavy tools placed in a dangerous manner, you must bring it to the store manager’s attention immediately. In case you face an injury due to merchandise falling on any of your body parts, it would be best to click pictures. However, if you are unable to do it yourself because of unbearable pain or loss of blood, ask your friend or family member to click photographs. Do not make a statement without the presence of your lawyer when the authorities get involved. An experienced personal injury attorney should be contacted as soon as possible. Since it is the duty of a retail store to provide a safe environment for consumers, you must get compensation for any form of personal injury. If you or a loved one has been injured in an accident at the fault of someone else, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-LAW-4343, or schedule an appointment online at any time. We never charge a fee unless we recover money for you.
Who Is Liable to Pay Damages in a Personal Injury Case?
When you or someone you love is injured in an accident, a personal injury claim can help you secure the monetary damages you need to recover. This compensation can help cover medical expenses, lost wages, long-term care services, and more. Where does the money to pay these damages come from, and how does the court determine where liability falls? The answer to these questions will depend on the circumstances of your case; it is not a decision you have to make on your own. A personal injury attorney plays a vital role in examining every detail of your accident to identify possible liable parties and determine where they fall responsible for your injuries. It is then up to a judge to decide which parties should be legally obligated to pay for your damages and how the amounts are split. Types of Liable Parties in a Personal Injury Claim Under New York State law, every personal injury case must be able to prove two points: That your injury was a result of the accident caused by another party; and That your injury was a foreseeable risk that the other party could have prevented, but didn’t. Because each case is different, some personal injury claims may involve one party, while others may include several. These are the most common liable parties that can be responsible for paying damages in a case: Insurance Companies Almost every personal injury case will involve negotiating with insurance companies to obtain compensation for damages. Insurance companies exist to protect organizations and individuals from paying out-of-pocket for accidents they have caused. In most cases, your accident attorney will need to negotiate fair and complete payments to obtain the maximum benefits for your injuries. This must happen before any other parties are considered. Insurance companies are heavily involved in most cases, particularly car accidents, premise liability, medical malpractice, and workplace injuries. Individuals Many personal injury cases involve proving negligence of a single person or smaller group of individuals liable for your injuries. Depending on your accident, this person could include an employer, a co-worker, a premise owner, medical personnel, or a driver. If the individual party deemed liable for your accident has insurance, damages will be collected from their insurance company first. It is then up to the personal injury attorney to determine an additional amount of damages with the client to claim required from the individual party. Companies Negligence, especially in the case of workplace injuries, is often a result of an error or oversight at the macro level. A company may be held liable for any accident or injury when their actions as a whole directly cause a preventable accident to occur. These actions may include negligent supervision and safety policies, dangerous working environments, product defects, or any other policy that the company is responsible for upholding to keep workers and consumers safe. Institutions While a company is an organization that is always working towards a profit, institutions are larger parties dedicated to education, culture, religion, or public services, including schools, universities, hospitals, churches, and public agencies. Institutions can be held liable for injuries that take place similarly to companies, with liability based heavily on their ability to create effective policies and procedures, hire adequate staff, and provide safe environments. Manufacturers In cases where individuals are hurt due to product malfunctions or defects, clients may file a claim against the manufacturer for negligence. Product injuries can happen at home, work, or in any other environment. If the manufacturer is found liable for a defect or error in production, they may be liable for paying monetary compensation outside of their insurance policies for your injuries. Consult With a Personal Injury Attorney Immediately You may not know exactly who will be responsible after your accident. Accidents involving injuries are stressful and can be chaotic in the aftermath. The first step to always take after an accident is to seek medical attention for your injuries. Focusing on your health is the most important factor and key to an optimal recovery. When your medical needs are met, the next step to take is to consult with a personal injury attorney about your accident. Knowing there can and may be multiple parties involved in your case can be overwhelming. A personal injury attorney will help guide you through examining the details to identify liable parties and provide support in gathering evidence to secure you the benefits you deserve. Long Island Accident Lawyers Our personal injury attorneys at the law firm of Siler & Ingber have over 30 years of experience representing accident victims on Long Island. We protect your rights by maximizing recovery and securing the financial support that our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate the claim process, using our experience as insurance defense attorneys. Not afraid to fight, we are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in an accident at the fault of someone else, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online at any time. We never charge a fee unless we recover money for you.
Dead Man Walking- Don’t Text and Walk
Walking while talking or texting on your cell phone in New York City can be deadly. With millions of people and cars out and about on any given day, commuters must stay alert to avoid pedestrian accidents. Pedestrians who travel on their phones can miss critical hazards that lead to catastrophic injuries and death. Here’s what all New Yorkers should know to avoid making these fatal errors. Pandemic-Related Road Hazards Distracted walking can be just as dangerous as distracted driving. Drivers who take their eyes off the road can miss critical hazards, including pedestrians, cyclists, other motor vehicles, and stationary objects. Pedestrians are equally at risk of missing these hazards when their attention is on their phone, with a higher risk of injury due to minimal protection. As NYC roads become even more treacherous in a post-COVID city, pedestrians cannot afford to be distracted. In 2021 alone, over 100 people have died in pedestrian accidents across the five boroughs. Speeding, reckless driving, distracted driving, and fatigued driving have all contributed to the uptick in road fatalities– these are the drivers least likely to spot a pedestrian who is distracted on the road. As the pandemic calls for less public interaction, food delivery has been more popular than ever. An increase in delivery and food trucks make navigating roads as a pedestrian even more difficult. It takes every bit of concentration you have to ensure a driver sees you, that you’re crossing when allowed and to avoid drivers who are breaking the rules. Distracted walking is comparable to walking across NYC with your eyes closed, something most pedestrians would never even think to do. Common Distracted Walking Accidents Distracted pedestrians are more likely than non-distracted pedestrians to display risky behaviors that lead to accidents and injuries. Sometimes, pedestrians don’t even know they are doing these behaviors because they aren’t paying attention. These incidents include: Tripping and falling on corners and curbs; Walking into oncoming traffic; Not crossing at crosswalks; Ignoring traffic signals; Walking into walls, trash cans, poles, and other stationary objects; Falling downstairs; Colliding with bicycles, e-scooters, and e-bikes; and Falling off bridges, into lakes and fountains. Some of these examples may seem silly, but thousands of these careless accidents result in severe injuries and tragic deaths every year. Any pedestrian that walks while on their phone immediately increases their risk for injuries by nearly 50 percent. A pedestrian’s ability to sense danger declines when focused on a phone. Their perception of all activity surrounding them is reduced to no further than a few inches outside of their screen, no matter how hard they try to input more. Multitasking Is Not Safe Pedestrians who think they can multitask on their walking commute have one thing right –it’s not impossible to do two things at once. The problem with multitasking is that just because you can do two things simultaneously doesn’t mean you should, and it doesn’t make it safe. According to the National Safety Council (N.S.C.), our brain is not meant to function on two cognitive tasks equally at the same time, such as navigating dangerous NYC roads while typing an email. We may physically be doing both tasks at once, but our brain is only partially focused on each. Our brain will block out several hazards to process the cognitive tasks we are actively pursuing. When pedestrians are on their phone, they may be glancing up to look where they are walking, but their brain purposely only picks up a few auditory and peripheral cues to maintain focus on the other task on the phone. Reduce Distracted Walking Deaths and Injuries Accidents caused by distracted walking are entirely preventable. To help reduce these types of injuries, the N.S.C. encourage pedestrians to use the following safety tips every time they walk: Put the phone down; Look both ways before crossing intersections and crosswalks; Always cross at designated crosswalks and wait for signals; Make eye contact with drivers– never assume they see you; Don’t wear headphones while walking to increase auditory awareness; Do not try to cross busy highways; Never use designated bike paths for walking; Stand far from the curb when waiting for a ride; Walk in groups when possible; and Wear reflective gear and bright colors for better visibility at night. If you must use your cell phone, be smart about it. Sit on a bench or stand clear of foot traffic until you are finished. Avoid playing virtual games or following a GPS that requires you to keep your eyes on your phone while walking. If you have to take a call, stop. There is no conversation worth putting your life at risk. New York City Pedestrian Accident Lawyers Our personal injury attorneys at the law firm of Siler & Ingber have over 30 years of experience representing accident victims on Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process, using our experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a pedestrian accident, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online at any time. We never charge a fee unless we recover money for you.
Can I Sue My Gym If I Signed a Waiver?
Fitness centers may be hubs for health, but that doesn’t make them safe. Gym accidents cause thousands of serious injuries every year. While some result in minor damages, others can cause catastrophic injuries that lead to life-long health problems and exorbitant medical costs. Although every gym requires new members to sign a liability document to deter fault in the case of an injury, that doesn’t mean they are off the hook when an accident occurs. More often than not, gym accidents are caused by negligent practices and malfunctioning equipment. Proving a third party is at fault in these cases can be difficult, especially when liability waivers are substantial. By consulting with a gym accident attorney early and knowing the crucial steps to file a successful claim, you can recover the maximum damages you deserve to help get you back on your feet after an injury. Types of Gym Accidents Despite popular belief, gym accidents are not only caused by overexertion and excitement. Several risk factors lead to gym injuries every day, none of which involve a participant’s activity or error. These factors include: Slippery and unkempt surfaces; Defective equipment; Old and damaged equipment; Poor training instruction; Unstable equipment; Improper signage and warnings; and Negligence and dangerous actions by other members. Gym injuries range in severity, but accidents resulting from negligence are often the most severe. These accidents can involve thousands of pounds of displaced weight and forced mechanisms, leading to falls, crushing injuries, stuck-between injuries, and trauma by force. Common injuries we have seen diagnosed due to gym accidents include: Traumatic brain injuries; Spinal cord damages; Full or partial amputations; Soft tissue damage; Nerve damage; Severe fractures; and Death. Gym Waivers and Liability Forms All businesses must legally protect themselves from possible injuries to guests on their premises, especially when the facility involves dangerous elements. Gyms provide equipment and heavy free weights for their members, which can cause severe injuries when misused. Because of this, fitness facilities generally include a waiver in the new member paperwork that requires people to waive their right to a lawsuit in the case of an injury while working out. There are several types of liability waivers the gyms may require for new members: Total Liability Waiver– a blanket agreement that waives a member’s right to hold the gym responsible for all injuries that occur on the property. Intentional Acts Waiver- a disclaimer that addresses injuries that are caused by intentional acts committed by staff members, managers, or the owner of a gym. Negligence Waiver- an agreement to waive a member’s rights to hold the gym accountable for injuries caused by the negligence of the facility or its staff. In addition to liability waivers, gyms will denounce an accident claim by claiming Assumption of Risk. This legal defense is based on the idea that gym members voluntarily put themselves at risk when they sign up at the facility and control their own workouts. The two types of Assumption of Risk defenses include: Express– when a gym representative claims the member was told via a written and signed agreement of the possible risks. Implied– when a gym representative claims the member knew the risk of activity due to safety postings on the machine or in the area but continued. While legal documents can be intimidating for members, these waivers are not set in stone. Several holes in gym waivers can make them difficult to hold up in court, especially when the fault is clearly on the gym, gym manufacturer, another member, or an additional third party involved. Steps To Take After a Gym Injury Directly after a gym accident, report the injury to the staff at the facility. Do not leave the building and call later. Find a manager to document the incident. After reporting your injury, these are the crucial steps to take next that can make or break a case: Seek medical care for your injuries immediately, no matter how minor; Take pictures or videos of the accident, machine, or other equipment involved; Secure all medical records to prove the severity of injuries; Follow up with all suggested treatments and appointments; Secure witness statements when possible; and Consult early with a gym accident attorney to explore your rights. Contacting an experienced gym accident attorney early on will give you the best chance of securing maximum compensation for your injuries. These attorneys possess the resources necessary to investigate your case from all angles. They know the tricks that fitness facilities try to use to get out of paying a member’s claim, and they will build a comprehensive case to cover all damages that can arise from an accident. New York City Gym Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber have over 30 years of experience representing accident victims in New York City. We protect your rights by maximizing recovery and securing the financial support that our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process, using our experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured at a gym or fitness facility, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online at any time. We never charge a fee unless we recover money for you.
