Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: Why can't I find a lawyer to serve mold remediation co. Who already admitted guilt? In manhattan no less!

Sept 2018 flood in nyc condo- subsequent mold confirmed esp significantly high levels aspergillus & penicillium. Only Owner/ex husband is on home ins policy which he received$20,000 ins check Oct 10- yet did not schedule mold remediation until Dec 10-13 - 'not a reasonable amount of time... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 21, 2020

Your question is a bit unclear. Do you want to sue the landlord for the mold problem or the mold remediation company for not performing a post-remediation assessment and for not cleaning up its equipment? Regardless, toxic mold litigation never really took off in New York after the state's... Read more »

View More Answers

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 21, 2020

You might be able to sue toe facility depending on whether the facility had notice (knowledge) of the other patient's vicious propensities and whether its failure to provide adequate security caused or contributed to the attack. What it all boils down to is whether the assault was foreseeable... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Workplae accident third party liability

Hi,

I work for a woodwork company, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw, I'm got a workers comp lawyer now, but the case is that the place where the company is, is not owned by my employer, and the floors are really uneven and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that condition... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Worksite accident liability

Hi,

I work for a woodwork company in Brooklyn, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw on that place, I'm got a workers comp lawyer now, but the case is that the place where the company is, is no owned by my employer, and the floors are... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: What can I do if I am afraid of the attorneys representing me? If they are verbally abusive and threatening and coercing
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

Sorry to hear that you do not have a good relationship with your attorney. Fortunately you have the right to discharge your attorney at any time, for any reason. You can find a new lawyer using the Find a Lawyer tab on the JUSTIA homepage. Here's an article I found online through the NYC... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: In January 2020 I was skiing at a mountain in NY that I have skiied at for 58 years. I was in a very bad accident.

THIS resulted in significant injuries. I had a tibial plateau fracture, meniscus and complete tear of mcl. I was in control and at a reasonable speed when I hit a large dip that I never saw. To some ski patrols this area is referred to as "the victim hole". It through me very high in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2020

So sorry to hear about what happened to you. It sounds like you suffered a very significant injury. Unfortunately, from what you've described, it does not sound like McCauley Mountain would any bear liability, i.e. legal responsibility, for your injury. Although McCauley had a duty to... Read more »

View More Answers

4 Answers | Asked in Personal Injury and Environmental for New York on
Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2020

It really depends on why the individual fell. If there was a dangerous condition on the stairs which caused him to fall and about which the owner had notice, he could sue the building. That he may have been intoxicated at the time does not relieve the building of its legal responsibility to... Read more »

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: Denied short term disability, what should I do?

I was injured at my previous employment a few months ago. I sought medical treatment, but never went to therapy to fully heal. I started a new job and the injury flared up since the new job is more labor intense. New job offered to put me on short term disability while I go to therapy since they... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2020

Sorry to hear what you're going through. You should really consider speaking with a workers' compensation / disability attorney to explore your legal options.

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: Is legal for your car to be towed without a flatbed in NYC?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 10, 2020

Arguably they need to exercise reasonable care when towing your vehicle. That said, it's going to be a tough sell that the towing company was negligent in damaging your vehicle (which was illegally parked) because it did not use a flatbed truck as opposed to a standard tow truck.

2 Answers | Asked in Car Accidents for New York on
Q: Hit my personal car while driving Penske truck with insurance on it

Looking for advise if i have a case in small claim court NY

Rented Penske track with insurance on it. While making wide turn hit my personal car which was on public road parked with no one inside. Damaged 2 doors and repair is very expensive

Contacted Penske by they refused to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 10, 2020

I agree with my colleague - the insurance contract covers you in the event you damage someone else's property or cause them personal injuries. Supplemental liability insurance does not cover you for causing damage to your own vehicle. If the cost of repair is that expensive you might want to... Read more »

View More Answers

3 Answers | Asked in Wrongful Death for New York on
Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 10, 2020

So sorry for your loss. Whether the driver gets charged for his death is ultimately a matter of discretion for the police and district attorney's office. That said, the driver will probably be required to attend a fatality hearing where he will be questioned regarding the facts and... Read more »

View More Answers

2 Answers | Asked in Car Accidents for New York on
Q: someone is suing for a car accident that happened 3 years ago and the insurance company had then went into liquidation
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 10, 2020

I agree with my colleague - contact the New York Liquidation Bureau and see who took over claims for your previous insurance carrier. Also, the statute of limitations in New York is three (3) years. If the incident took place more than three (3) years ago it would be barred by the statute of... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 11, 2020

I agree with my colleague - speak with an experienced personal injury attorney. Keep in mind that if you intend to pursue a claim against the City of New York you must file a Notice of Claim within 90 days of the incident or you will not be able to file a lawsuit against them. That the City of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.