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New York Personal Injury Law Blog

Do you have grounds for a 'private nuisance' claim?

In premises liability law there is a term known as a "private nuisance." It refers to a feature or consequence that "interferes with the right of specific person or entity."

Private nuisances can affect someone's right to use or enjoy their property. A private nuisance tort could arise from many causes, including:

  • Polluted waterways
  • Contaminated soil
  • Foul odors
  • Vibration
  • Smoke
  • Loud noises
  • Excessive light

The dangers of heat stroke on construction sites

For much of the year, New York receives a constant barrage of rain, snow and wind. During the summer, the city sees temperatures ranging from the 70s to mid-90s, and occasionally even in the triple digits. This puts employees who need to work outside all day in significant danger. 

All construction sites need to follow careful guidelines to ensure no one suffers from heat stroke or other complications from being out in the sun all day. Summer is just around the corner, so it is vital for construction site managers to know the risks. They can take proper actions to ensure all workers remain safe during New York summers. 

School bus cameras would keep New York City kids safer

If you are a New York City parent of student who rides a school bus, you may be quite concerned about incidents of near-misses between cars and disembarking students. While there are laws in place that forbid motorists from passing stopped school buses, all it takes is one scofflaw to cause a horrific accident.

According to the New York State Association of School Pupil Transportation, researchers conducted a statewide study and discovered that, on a single day, approximately 30,252 motorists passed stopped school buses along the school bus drivers' routes. Even worse, 280 drivers passed the buses on the side where the kids exit and board.

Are you at risk from hazardous energy at work?

Chances are that if you are a New York City construction worker, you work in the vicinity of hazardous energy nearly every day. You come into contact with pneumatic, hydraulic, electrical, chemical, thermal and mechanical sources of energy while carrying out your duties. All can prove harmful or deadly under the wrong set of circumstances, e.g., when the equipment is undergoing maintenance and servicing.

There are roughly 3 million people in the United States working as laborers, machine operators, craft workers and electricians who have the most risk of injury. Those exposed to hazardous energy while on the job on average take 24 days to recuperate from their injuries and return to work.

Review social liability laws when hosting parties

As we are in the midst of prom season, with graduation just around the corner, it's a good idea to review New York's dram shop laws. These laws are in place to provide legal recourse to the victims of drunk drivers and the survivors of those who were killed. They may take legal action against the bar that continued to serve the intoxicated person more alcohol.

The dram shop laws in New York state are stricter than they are for some other states. In fact, at least eight states have no dram shop on their books.

Worker killed in horrific accident with crane

On April 13, a construction worker from Brooklyn was working on a site in SoHo located at the intersection of Broome and Varick Streets. There, at the Holland Tunnel, he and his crew toiled, working the graveyard shift to assemble a huge crane. At approximately 3:15 a.m., a counterweight weighing 7.5 tons slammed into him. According to New York City officials, he died at the site.

He leaves behind a fiance and 5-month old baby boy.

Mayor of New York City announces new pedestrian safety plan

Pedestrian safety is a major concern in New York City. Unfortunately, pedestrian deaths are rising. There was a 4.7 percent increase from 2017 to 2018. This data makes it clear that the city can be a dangerous place to walk.

But it is not all bad news. Thankfully, the mayor is taking notice of this issue and spearheading a plan to make pedestrians, cyclists and motorists safer. 

Parents, help make teens' prom experiences safer

No parent wants to deny their child the right to go to prom. But there is no doubt that teens' safety on prom night remains an ongoing concern.

Already in 2019, there has been at least one prom-night death. Parents are right to worry, but here are some tips for making prom night safer for all.

Do you know how to drive safely in construction zones?

As the weather gets warmer this spring, there will likely be more road construction taking place in and around New York City. As a driver, it's important to make sure that your actions behind the wheel don't put highway workers at risk of injury or death.

Below are some tips for sharing the roads safely with highway construction workers so that at the end of the day, everyone arrives safely at home.

What dangers lurk on your construction site?

If you are a New York City construction worker, you accept a certain level of danger on the job, particularly those who work high above the streets of Manhattan or the outer boroughs.

But just because there are inherent dangers in the construction industry does not mean that company owners and supervisors must not do all that they can to make the workplace safer for all.

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