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What is an attractive nuisance” under New York law?”

The importance of the attractive nuisance doctrine is that if the plaintiff is successful in establishing its elements then the ordinary defenses of property owners or occupiers with regard to trespassers do not apply. As you may expect, proving all of these elements can be challenging in that considerable factual investigation will be required, which is something that an experienced personal injury attorney can help you with.Children are by nature curious, and sometimes their curious nature can get the better of them, in the form of their going to places and doing things that an adult would know better not to. As a public policy the law only holds minors to adult standards in a few circumstances, such as when they commit certain types of violent crimes. One area in [...]

What is an attractive nuisance” under New York law?”2015-09-30T00:00:00+00:00

What happens when a negligent property owner is the government?

An accident at a grocery store, a private home or in a shopping mall that causes you to suffer a serious injury might give you the right to file a lawsuit for compensation against the negligent property owner. Special rules apply when the property owner is the state or federal government.The doctrine of sovereign immunity is not a factor when you slip and fall on a wet floor in a building owned by a private individual or by a corporation. It becomes a big concern when the building is owned or controlled by the United States or by New York.Sovereign immunity shields the government against premises liability and other tort claims. In other words, you cannot sue the government for compensation in slip-and-fall accidents unless it waives the protection granted [...]

What happens when a negligent property owner is the government?2015-09-27T00:00:00+00:00

Fight traffic tickets in New City with legal help

It has happened to many residents of New City. One minute you are minding your own business while driving when suddenly red and blue lights appear in your rear-view mirror. Minutes later you are issued a traffic ticket, and may be wondering what to do next.Traffic tickets may seem commonplace, but that doesn't make them any less difficult to deal with. It goes without saying that traffic tickets are costly. However, in addition to the fines a person may incur is the accumulation of points on his or her driver's license, which could even result in the suspension of one's driver's license.Some may feel it is not worthwhile to fight a traffic ticket, but this couldn't be further from the truth. If a person feels the ticket is unjust, he [...]

Fight traffic tickets in New City with legal help2015-09-25T00:00:00+00:00

Medical negligence may be cause of death in New York jail

Two former employees of one New York jail have stepped forward with allegations of medical negligence on the part of prison health care officials. The two claim that the physician-owned company that is charged with providing inmates with routine dental, mental health and medical services routinely cut costs and neglect the needs of prisoners, leading to untimely deaths.The family of one inmate has filed a claim against the company after their loved one was found facedown in his prison cell. It was later confirmed at the local hospital that the man had died of a heart attack. One employee states that the man died due to the failure of medical staff at the prison - they allegedly did not order the right tests.This is not the first suit that has [...]

Medical negligence may be cause of death in New York jail2015-09-18T00:00:00+00:00

Making graffiti is a misdemeanor in New York

Whether it is on bridges, overpasses or on the side of a building or fence, graffiti is a common sight in New York. Some New Yorkers may even consider graffiti to be an art form. However, that doesn't change the fact that making graffiti is still considered to be a crime in New York.Under New York Penal Code section 145.60, graffiti includes marks that have been etched, painted, drawn or otherwise placed on property. Property for the purposes of this statute could be private property, such as a house, an office building or a store, or it could be public property. That being said, for these types of acts to be considered graffiti, the intention of the accused must be to cause damage to the property at issue. It is [...]

Making graffiti is a misdemeanor in New York2015-09-18T00:00:00+00:00

What is the criminal possession of stolen goods in New York?

Sometimes, people come across a deal that they know is too good to be true. They may suspect that the goods were stolen. Most people know that they can get in serious legal trouble if they are accused of theft, but they may not understand the trouble they can get in if they purchase or accept goods that are stolen by someone else.Under New York law, criminal possession of stolen goods can range from fifth-degree criminal possession of stolen goods to first-degree criminal possession of stolen goods, depending on the value of the goods and in some cases the types of goods at issue, such as weapons or credit cards.Per New York Penal Code section 165.40 fifth-degree criminal possession of stolen goods takes place when a person possesses goods that [...]

What is the criminal possession of stolen goods in New York?2015-09-11T00:00:00+00:00

A drunk driving accident might offer unique liability issues

If you have been injured in a car accident caused by a drunk driver in New City, suing the negligent driver might be your first thought for compensation. Under New York law, you might also have a cause of action for damages against the person or establishment that sold the alcoholic beverages that caused the driver's intoxication.You should consult with a personal injury attorney for legal advice about your right to compensation if you have been injured in a car accident with a drunk driver. A review of the police report of the accident investigation might reveal liability on someone other than the driver under state law.Anyone who sells or helps another person to obtain liquor might be liable for paying compensation to a person who suffers a serious injury. [...]

A drunk driving accident might offer unique liability issues2015-09-11T00:00:00+00:00

Street racing proves to be a deadly venture

A New York man and his two children are dead after a street racing incident ended in a fiery crash. One of the drivers was indicted on vehicular homicide and drunk driving. Charges were brought to three others for varying crimes. This horrific occurrence is one example of street racing that proves it to be a deadly venture.A 24-year-old man who was allegedly one of the drivers pleaded not guilty to 41 different counts. This man was driving under the influence at speeds that reached 100 miles per hour when he slammed into the car of a family of four. The family's vehicle immediately burst into flames. The accused man and others stood by and ignored calls for help from the lone survivor of the terrible crash, the mother.The accused [...]

Street racing proves to be a deadly venture2015-09-04T00:00:00+00:00

New York police crackdown on drunk driving Labor Day weekend

For many people in New York, Labor Day means a three-day weekend and the unofficial end to summer. However, Rockland County police, along with the New York State Police, are implementing a crackdown known as Drive Sober or Get Pulled OverA 2014 report from the Governor's Traffic Safety Committee indicated that the number of injuries caused by drunk driving were on the decline since 2009. However, approximately 30 percent of fatal accidents in the state involved alcohol use. Moreover, the National Highway Traffic Safety Administration reported that over 10,000 people across the nation lost their lives in a drunk driving accident in 2013.Like elsewhere in the nation, the legal blood alcohol content limit in New York is set at 0.08 percent. However, the average BAC level for those arrested for [...]

New York police crackdown on drunk driving Labor Day weekend2015-09-04T00:00:00+00:00
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