I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More 
answered on Nov 11, 2023
A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More
I asked my lawyer if he, or someone in his office, would go over the medical tests, with me,
that he suggested I have. My question was never answered. I even sent a follow up email and it was ignored. The only thing i could think is, it is a dumb question to ask. If it is I'm missing... View More
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answered on Nov 10, 2023
If your lawyer has not responded to your request, it is possible that they are simply busy or that they forgot. However, it is also possible that they do not think it is necessary for them to review your medical tests. This could be because they are not familiar with medical terminology or because... View More
I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More
answered on Nov 7, 2023
Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury... View More
I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More
answered on Nov 10, 2023
From the phrasing of your question, I wonder if you had the filler injected by an aesthetician, cosmetologist, or perhaps even an unlicensed individual, rather than by a plastic surgeon. And I wonder if it was actually Juvederm filler.
There are unfortunately many individuals, who are not... View More
Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More
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answered on Nov 5, 2023
Building codes, which vary by jurisdiction, generally dictate the dimensions and safety standards for staircases in public buildings, including hotels. In many areas, the International Building Code (IBC) is used as a guideline, which prescribes specific measurements for riser heights and tread... View More
Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More
answered on Oct 19, 2023
Sorry to hear what happened to you. I am unaware of there being any Code requirements as to the maximum width of an interior staircase (they have to be at least 36" wide). With regard to staircases in NYC, the riser height can be no higher than 7". Tread depth can be no greater than... View More
Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
answered on Sep 29, 2023
Under New York General Obligations Law § 5-326, agreements exempting places of public amusement or recreation from liability are void and unenforceable. Even if the retreat does not fall into one of these categories, agreements than exempt parties from willful or gross negligence are... View More
Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
answered on Sep 28, 2023
I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More
I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More
answered on Sep 26, 2023
If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 26, 2023
Sorry to hear what you've been through. As my colleague correctly advised, to have a viable case against the American Red Cross, you'd have to demonstrate that the manner in which it drew blood fell below the accepted standard of care and that such deviation caused you injury. An atrial... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 22, 2023
Hello - so sorry about your situation. What you describe sounds terrible. In order for you to have a malpractice claim, you would need to prove that the nurse or whoever did the blood draw deviated from a normal standard of care. You should consult with an attorney to discuss your matter further... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 19, 2023
Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 16, 2023
You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More
answered on Sep 16, 2023
This is something that collections, bankruptcy, and asset protection attorneys probably have deeper and more sophisticated insight into than most personal injury attorneys. There are headings for "Collections" and "Bankruptcy" here if you wanted to try reposting with the added... View More
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answered on Sep 14, 2023
In New York State, personal injury settlements are generally shielded from garnishment by creditors through a combination of federal and state laws. While there isn't a single specific legal act that offers this protection, it's derived from various legal provisions. Federal exemptions... View More
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 11, 2023
When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able... View More
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 9, 2023
Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 12, 2023
If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More
After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.
answered on Sep 8, 2023
Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More
My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.
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answered on Sep 11, 2023
Hi. You may have a case for medical malpractice. Your husband's cancer condition may not absolve the hospital from taking the necessary precautions to avoid pressure ulcers. Give me a call at your convenience to discuss: (718)502-9112. In NY, the statute of limitations for malpractice is... View More
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