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New York Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Municipal Law for New York on
Q: how long and wide are hotel stairs supposed to be?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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3 Answers | Asked in Personal Injury and Education Law for New York on
Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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3 Answers | Asked in Personal Injury and Education Law for New York on
Q: In NYS state, should we sign a liability waiver that includes waiver of willful/gross negligence

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.

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Identity Theft, Criminal Law, Personal Injury and Medical Malpractice for New York on
Q: Please help!! How can i get my structed settlement money turn over to me?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

2 Answers | Asked in Personal Injury for New York on
Q: Can I sue the Red Cross for atrial puncture injury caused during blood donation?

After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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2 Answers | Asked in Personal Injury for New York on
Q: Can I sue the Red Cross for atrial puncture injury caused during blood donation?

After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.

Jonathan Bradford Ripps
Jonathan Bradford Ripps
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

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Can you direct me to the legal act that protects personal injury settlements from garnishment by creditors in NY State?
Tim Akpinar
Tim Akpinar
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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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Can you direct me to the legal act that protects personal injury settlements from garnishment by creditors in NY State?
T. Augustus Claus
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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

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

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

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

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

Marco Caviglia
Marco Caviglia
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.

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

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.

Alexander Karasik
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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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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 7, 2023

Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More

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1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: In New york state, if someone was to host an event, with donations accepted

and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

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1 Answer | Asked in Personal Injury for New York on
Q: I fell on a homeowner’s property last year in the Bronx. I gave the case to an attorney who advised they can’t find insu

They can’t find the insurance company for the homeowners and she was served twice but never responded!

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

It is possible that the homeowner did not have liability insurance. In which case getting a recovery is going to be exceedingly difficult as you will have to pursue the owner's personal assets. Best to speak with your attorney about what steps he or she wishes to take next, such as moving... View More

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