The Law Offices of Richard C. Bell
FREE CONSULTATION
(877) Call-Law NO FEE UNLESS WE WIN
Our Blog

Understanding Spectre and Meltdown and What You Can Do

Understanding Spectre and Meltdown and What You Can Do

Have you heard that a new update for your computer or device could end up slowing down your processor speed? Why would anyone ever even consider doing this?

Because two nightmare scenarios have been spotted and tech giants are panicking. These bugs – dubbed Spectre and Meltdown – appear to leave a huge number of devices seriously vulnerable. So far, that system update is the closest thing to a defense that Apple and others have come up with.

Read on to learn more about the situation and what you can do about it.

Two Really Huge Problems

Recently, a team of technology experts released the news that Intel chips had been compromised by two attacks, the aforementioned Spectre and Meltdown. This flaw in the chips can allow malicious programs to access the main memory in the computer’s kernel, the deepest part of the computer’s storage.

If a hacker takes advantage of certain faster processing features Intel programmed into the chips, he or she can spy on even the most secret areas of billions of computers and other devices. Passwords, identification numbers, and financial information are all at risk of being stolen.

Meltdown targets Intel chips, which are installed on nearly every Microsoft product. This includes personal computers and large computers that store data in online and cloud servers. Spectre affects AMD and ARM processors, which are used in most Apple products, including iPhones. Both attacks can affect cloud services provided by Google, Amazon, and others.

Because of this, Microsoft, Apple, Amazon, and Google have all issued statements that they are taking steps to resolve the issues. Intel has noted that neither Meltdown nor Spectre can delete, corrupt, or modify data, although both can spy on and steal data.

Despite this, no exploits have been reported to date. In an effort to stop hackers from taking advantage of the flaw, new system updates are being issued to billions of users worldwide.

Unfortunately, the system updates that will fix the chip flaw could create slowdowns of up to 30 percent in some units. Newer systems will likely see less of an impact. Intel says that most users won’t notice the slowdown, but the results remain to be seen as nearly the entire technology industry will be affected.

What You Can Do Now

Whenever you are prompted to update your system, do it as soon as possible. Don’t put off a system update on your smartphone, PC, or work computer.

Back up your system if it has been a while since the last backup. You don’t want to lose your important documents and photos in the turmoil.

Monitor your online accounts regularly for any suspicious activity. It’s important to report any fraudulent activity as soon as possible to your bank, creditor, or to the police to protect yourself.

Consistently look for these developing problems on your smart phone, PC or work computer.

Queens Cyberattack Lawyer

Keep up with the news as class action lawsuits develop over these issues. Intel has already been sued in three class action lawsuits since the news of the flaw became public on Jan. 2, in Oregon, California, and Indiana.  There may be other such class action suits in the future.

These lawsuits allege that Intel knew about the flaw and did not disclose it properly. They also allege that the slowdown will negatively affect processors, but it’s too soon to tell if the projected slowdown will have widespread impact.

What to Look for in a New York Personal Injury Lawyer

What to Look for in a New York Personal Injury Lawyer

If you’ve been injured due to the negligence of another in New York City, you need the best possible legal help you can get. Someone who’s going to fight for your rights and knows the injury laws of our state thoroughly. You need someone who will take the time to make you a priority and gets the job done.

How can you really know that the attorney you choose will have those qualities, though? What specific things should you look for?

Experience

In evaluating the attorney you select evaluate the attorney’s specific experience handling personal injury cases. An experienced personal injury lawyer will have hands-on experience dealing with insurance companies, judges, and juries and know how to handle a case from intake through settlement or trial.

Area of Concentration

Personal injury cases are often complex and your lawyer needs to understand the specific laws that apply to your particular type of accident or injury. That means if you are in a car accident, you want an attorney knowledgeable about handling car accident injury cases. The same for slip and falls, medical malpractice, or construction accidents.

Referrals

Ask your family members, friends, and coworkers for references. Read testimonials online. If you have a good working relationship with a lawyer who doesn’t practice personal injury law, he or she can probably recommend a colleague for your case. Check out online referral services as well.

Initial consultation

At your initial consultation, come prepared with all the relevant paperwork. This includes any correspondence with insurance companies, police reports, income information (including loss of income figures) and medical records.

Queens Personal Injury Lawyer

In personal injury and medical malpractice cases, your initial consultation is normally free. Be sure to ask ahead of time so your expectations are clear.

One important thing to remember – a lawyer cannot promise a particular outcome. If you meet with a lawyer and he or she makes absolute promises about the results you should be very skeptical.  Too many factors affect lawsuits to be able to predict outcomes at the time of initial consultation.

Warning Signs to Watch Out For

Queens New York Accident Atorney

Pay attention to the following warning signs of a potentially bad situation. If you notice any of them be careful.

  1. Beware of unsolicited mailings or phone calls right after your accident which promise you a fast settlement.
  2. Charging a fee up front is unusual. Most personal injury lawyers have free initial consultations.
  3. As mentioned above, nothing is guaranteed—be very skeptical if a lawyer promises a result.

If you follow these guidelines, you are likely to find a personal injury lawyer that you are comfortable with to handle your case.

How to Avoid Snow-Related Falls in NY

How to Avoid Snow-Related Falls in NY

Ice-skating at Rockefeller Center. Snowflakes melting on the tip of your nose and reflecting in the street lights. Trees silhouetted in white. Yes, winter has arrived in New York.

However, as all New Yorkers know, along with the beauty of winter weather comes the increased risk of slip and fall accidents. Below, we’re going to go over some tips for how you can walk more safely in slick and snowy conditions and what you should do to get help if you fall due to someone else’s negligence.

Tips for Staying on Your Feet

Wear nonslip shoes. When it’s slick outside, make sure to wear shoes with good traction. If you aren’t willing to give up your favorite shoes, purchase cleat-like coverings to wear over them.

Walk with smaller, more careful steps. No need to hurry, as that will increase your chances of falling. If you take slow, flat-footed steps with the rest of your body centered over your feet, you’ll be steadier.

Walk where it’s safest. Stay on cleared paths. When that’s not possible, grass provides better traction than a slick sidewalk.

Exit vehicles with care. Don’t jump from a vehicle. Pay attention when you exit, turning to use both feet at once for maximum stability. Lean on the body of your vehicle for support when exiting, if needed.

Stay alert. Don’t text and walk. Keep your eyes on the path in front of you, and watch for slick areas, especially at entrances and exits.

Use handrails. They can make all the difference between staying upright and falling.

Test slick areas first. If you’re not sure whether an area is icy, tap your foot gently on the surface before proceeding.

Proceed with extreme caution on ice. If you must walk on ice, shuffle slowly and prepare to fall by rolling with the fall rather than reaching out. It’s better to fall backward than forward, if you can twist your body during the fall. Don’t worry about whatever you are carrying – throw it out of the way to protect your body.

If Your Fall Is Due to Another’s Negligent Actions

If you fall this winter and injure yourself, it’s possible that someone else may be responsible for the conditions that led to your accident. This guide will teach you what our laws say about slip and fall accidents.

First, you need to know that in New York a statute of limitations exists on how long you have to file a personal injury lawsuit. You must file suit within that time or forego the possibility of compensation.

Queens Premises Liability Lawyer

Secondly, to win a slip and fall case, a skilled NY injury attorney must be able to prove that your accident occurred due to the property owner’s or manager’s negligence. The property owner or manager will likely try to shift some of the accountability to you. For example, they may accuse you of wearing unsafe shoes, texting while walking or walking in a restricted area. To combat these kinds of accusations and build the strongest possible case for yourself, you need the help of a knowledgeable lawyer.

It is still possible to receive compensation even if you are deemed partially responsible for what happened. New York laws permit for comparative negligence in slip and fall cases, which means a jury could hold the property owner or manager liable for a percentage of your medical bills, lost work hours, and other costs.

Do not pay for someone else’s mistakes. Get in touch with our office today.

Your Motorcycle Crashed in NYC – What You Need to Do Next

Your Motorcycle Crashed in NYC – What You Need to Do Next

If you were recently in a motorcycle crash in New York, it goes without saying that you’re having a rough start to the new year.

Unfortunately, due to the inherent differences between motorcycles and other motor vehicles, you are far more likely to not only get into an accident, but also suffer serious injury. Because of this, it is important that you understand how you should react after a crash – both what to do and what not to do.

Remember, motorcycle accidents – like all vehicle crashes – are subject to negligence laws. If another is proven to be negligent in your crash, you may be able to hold them liable and recover costs due to pain and suffering, medical bills and lost work.

After an accident, it’s up to the police, insurance companies, and sometimes the courts and juries to decide whether negligence was a factor and who should pay for the damages. To win a claim of negligence against another, you need a knowledgeable New York injury attorney who understands the law. You must be able to prove that another’s negligent behavior caused your injuries and that you suffered losses due to your injuries.

Mistakes to Avoid after a Motorcycle Crash

Before we even dive into what you should do, it’s important to know what not to do.

Don’t Shrug it off. Dealing with an accident can be frustrating and time-consuming. If it seems like no one was hurt and there wasn’t much damage, the urge to say “no big deal” and ride off can be strong.

Resist these feelings. Why? Because you have no way of really knowing how serious a crash and crash-related injuries are right after the incident. In fact, symptoms for a number of injuries may not show up until days or weeks later. If you neglect to get the information you need at the scene, you may be stuck footing the bill.

Don’t discuss fault. Maybe you feel like the accident could have been avoided if you’d done something differently. Maybe you’re just apologetic by nature and you’re more inclined to say something like, “no, no, it was me.” Whatever the situation and whatever your natural inclinations, do not do this.

Fault and liability are rarely as simple and straightforward as they seem. Even if you did make a mistake of some kind, it is possible that the negligent actions of another compounded your behavior, either directly leading to the accident or possibly making it worse. It’s not your job to decide fault. Remain silent on the issue except as needed to answer the questions of responding police.

Queens NY Motorcycle Accident Attorney

 

The Steps You Should Take after an Accident

Now that you know what not to do, here are the steps you should take:

Check for injuries and get medical help. This is the absolute first thing to do after any accident: make sure everyone is okay. If anyone doesn’t seem 100 percent, it’s best to call 9-1-1. Also, as mentioned above, you need to get checked out even if you think you’re fine.  You could be wrong and you can never get a medical evaluation too soon.

Get info and evidence. Collect all the information you can from the accident. Photos, insurance information from the other driver, and phone numbers are essential items in proving your case. If you’re worried about the other driver trying to give you fake info, calling the police may be a smart move.

Personal Injury Lawyer Queens NY

As a nice bonus, if you’re pretty confident the accident was caused by someone else, the police report can be an important piece of supporting evidence or leverage in compensation negotiations.

Contact an attorney. It is worth your while to get in touch with an experienced motorcycle accident lawyer in New York even if you don’t think a lawsuit is going to be necessary. The truth is that you just don’t know. The driver may admit fault at the scene, then blame you for damages later. Their insurer may act in bad faith and try to wrongfully deny you compensation. If an EMT conducts your medical exam, they might miss something.

A skilled injury lawyer will be able to look at the facts of the incident, let you know whether or not you have a viable case and come up with a plan to help you secure the compensation you deserve.

 

NY Taxi Crashes and the Injuries That Typically Result

NY Taxi Crashes and the Injuries That Typically Result

A recent New York City crash involving two taxis caused injuries to several people, including a 1-year-old child. The injuries that resulted are typical of injuries sustained in taxicab accidents.

According to police reports, one taxicab was driving west on 85th street in Manhattan on July 30. It struck another taxicab driving southbound on 2nd Avenue. The southbound taxicab swerved onto the sidewalk, striking several people who were dining outside at a Wahlburgers restaurant.

Three people were taken to the hospital for injuries. A mother and her 9-year-old daughter had minor injuries, and a 1-year-old boy had a broken leg.

Toxicology reports for both taxicab drivers came back negative. Both drivers placed the blame for the accident on one another. Police were studying street videos and speed rates to see if either driver should get a ticket, but as of this writing no such action has been taken.

In 2016, New York City had over 258,000 licensed taxicab drivers and provided well over 16 million taxicab rides. Taxis are a convenient way to get around the city. Unfortunately, they also provide a lot of opportunity for crashes to occur.

If you are involved in one, what should you expect?

Let’s start with what usually causes of taxicab accidents.

Why Taxicab Crashes Typically Happen in New York

When a taxicab crash occurs, it is usually for the same reasons crashes occur for non-taxicab drivers. These are the most common causes for a taxi accident:

  • Distracted driving (talking, eating, reaching for radio controls)
  • Use of an electronic device while driving
  • Fatigue
  • Driving under the influence of alcohol or a controlled substance
  • Aggressive driving
  • Speeding
  • Failure to yield
  • Failure to stop

Taxicab drivers may also be in a hurry to get to their next fare or they may have received inadequate training.

As a paying customer, you likely expect to be treated with the best service possible. Unfortunately, sometimes that is not the case. If you are injured in a taxi accident, you must prove that the driver was negligent to be able to receive compensation for your injuries.

These are a few additional reasons a driver may be held liable in your case:

Taxi Accident Lawyer NYC

  • Failure to stop and allow safe exit. Your driver has an obligation to let you out at a safe place, where injury is unlikely. If your driver stopped in a place that presented an unreasonable hazard where the risk of injury was significant, the driver may be held liable for the resulting injury. This may happen if a driver fails to follow traffic signs or drops you off far from the curb in a high-traffic area.

 

  • Failure to assist. Normally, the taxi driver has no burden of responsibility to assist a passenger’s entry or exit from the taxi. However, if the passenger asks for help or is in a fragile state, the driver should realize the human obligation to assist. In one case, a woman won a suit against a driver who failed to help her enter a vehicle and she injured her back after she slipped while holding two bundles. In that situation, the court said she could reasonably expect assistance and the driver was held liable.

 

  • Defective cab conditions. If the driver is negligent in maintaining the vehicle or eliminating defects, they may be held liable for resulting injuries.

The amount of the damages could be significant depending on your injury, so it’s important to document the accident by calling 911 to the scene. That is the best chance of holding the driver or cab company financially responsible for your injuries.

The Types of Injuries You Can Expect If You are in a Taxi Crash

Injuries to taxicab passengers can be more significant than regular car crashes because seat belts aren’t always available. Also, the partition between you and the driver could cause a serious injury if you impact it in a crash. The most common injuries sustained in a taxi accident include the following:

  • Contusions
  • Broken bones
  • Neck injuries
  • Head injuries
  • Brain injuries
  • Spinal injuries
  • Damage to internal organs

Queens Personal Injury Attorney

If the taxi driver’s negligence causes life-altering injuries, you may be entitled to receive compensation.

You may be eligible to receive compensatory damages for your medical expenses, restitution for income lost due to the injury, and damages for pain and suffering sustained from the crash. A qualified attorney will know exactly what damages are viable claims in your unique situation.

If you were involved in a taxicab accident, it’s important to call an experienced NYC injury attorney who has dealt with cases like yours. You can schedule a free consultation to talk about the details of your case and the potential damages you may receive for your injuries.

Deadly Construction Accidents in New York Raise Safety Questions

Deadly Construction Accidents in New York Raise Safety Questions

Wherever you go in the city, it seems that something is always under construction. While most construction sites operate with safety as their top priority, some do not  and accidents will happen from time to time.

Last month, two construction workers died in separate accidents in Manhattan. In the Financial District, a veteran construction worker and father of five fell 29 stories while working at the site of a luxury waterfront condo. At the time of the accident, the workers “were installing molds in which to pour concrete for the 29th floor of the tower.”

Although the worker was wearing a harness at the time of his fall, it hadn’t been clipped in properly. As a result, the man fell onto a scaffold bridge and was pronounced dead at the scene.

Later that same day, two construction workers fell from a bucket lift on the third floor of a building at 33rd Street and Ninth Avenue in Manhattan. Witnesses said the workers appeared to be wearing safety harnesses, but the harnesses weren’t secured to the bucket lift. The result? One of the workers, a 45-year old man, died. This incident was the second time at the same site that a worker had fallen to his death.

The Department of Buildings says there have been seven construction-related deaths so far this year. There were 12 construction-related deaths in 2015 and 2016 combined.

What’s going on?

These accidents come at a time when construction safety concerns are at their peak. Speaking about the deaths, Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, said, “We must end this epidemic and come together as a city to ensure that we do everything in our power to reduce the number of accidents and fatalities for the men and women who are building our skyline.”

These two fatal accidents bring up a number of questions about the safety of construction workers and what course of action you have available to you if you or a loved one is injured or dies in a construction accident while on the job.

Understanding Construction-Related Injury Lawsuits

The Occupational Health and Safety Administration (OSHA) has identified “the fatal four” injuries that account for almost 60 percent of construction worker deaths:

  • Falls
  • Getting hit by an object
  • Caught in between objects
  • Electrocution

It goes beyond that, though. While deaths can result from construction accidents, construction injuries are far more common. Depending on the circumstances of your injury, you might have certain legal options available to you to help you recover damages.

Regardless of how you were injured, you should contact an experienced New York construction injury attorney after seeking medical attention and reporting the incident to your employer. A knowledgeable lawyer will be able to listen to the details of your case and determine whether you meet the requirements for a construction accident lawsuit.

Queens Constuction Accident Lawyer

If you are a construction worker hurt on the job it is likely that you will be able to pursue two types of legal actions.  Your pain and suffering (both present and future), cumulative medical bills (both present and future) and lost earnings (both present and future) will be the subject of a personal injury lawsuit  against the site owner, general contractors and possibly others.  Your immediate wage loss and medical bills will be pursued in a workers’ compensation claim.

Consult with a skilled New York attorney who has proven results in construction injury cases. Reach out to an attorney today to discuss your options and determine the best way to proceed to get the compensation you’re entitled to for your injuries and wage losses.

Do You Know When Your NY Landlord Is Liable for Your Storm Injury?

Do You Know When Your NY Landlord Is Liable for Your Storm Injury?

Finding a nice, sizable and affordable apartment to rent in New York is a feat in and of itself. Once you find this Holy Grail and sign the lease, though, it’s important to know what your rights are as a tenant.

In a letter prefacing the Tenants’ Rights Guide, New York Attorney General Eric Schneiderman writes:

“The contract between a tenant and landlord…is one of the most common and important deals that are made across our state. It defines how renters will enjoy their homes, how owners will maintain their property, it can affect a neighborhood’s stability. That’s why it’s important that everyone understands their rights and responsibilities under the law. In New York State, there are several different laws governing this relationship, and they can be different depending upon the county or town you live in.”

Not only understanding your rights as a tenant, but also your responsibilities – as well as your landlord’s responsibilities – per the terms of your lease, is imperative in the event that a situation arises.

You should know what is permitted or prohibited when it comes to all aspects of living in your apartment, but perhaps the most important thing to be aware of is your landlord’s duty of repair when it comes to safety and habitability. In the wake of Hurricane Harvey, Hurricane Irma, and Hurricane Maria, it’s necessary to know whether your landlord can be held responsible if you sustain a storm-related injury.

A New York Landlord’s Duty of Repair

In our state, landlords of multiple dwellings are required to:

  • Keep the public areas of apartments and buildings in “good repair.”
  • Keep the apartments and public areas clean and free of vermin, garbage, or other offensive material.
  • Maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances installed by the landlord (refrigerators, stoves, etc.) in good and safe working order.

If these standards are not met, the landlord must make the necessary repairs within a reasonable time frame. Depending on the severity of the repairs needed, however, that time frame can vary.

What happens, then, if your landlord doesn’t fulfill his or her duty of repair and you’re injured as a result?

If your landlord was negligent in its responsibilities and you were injured because of that negligence, you might be able to sue for money damages.

In these situations, you will have to demonstrate generally two main elements:

  • The landlord was negligent in repairing a hazardous condition.
  • The landlord’s negligence was the direct cause of your injury.

New York Storm Injury Lawyer

For example, let’s say the handrail in your apartment building’s stairwell is broken. It’s been broken for weeks, but the landlord has yet to make repairs despite complaints from a few tenants. One day, you’re walking down the stairs and reach for the handrail. Because it’s broken, though, you don’t have a firm grasp and you fall down the steps, breaking your arm.

Is the landlord liable for damages related to this injury?

Let’s look at the elements:

  • If the landlord knew or should have known (due to the length of time of the defect) about the broken handrail but didn’t repair it, its actions could be considered negligent.
  • Your broken arm in this scenario was directly caused by the landlord’s negligence in not fixing the handrail.

So using these elements and this particular scenario, you would be able to sue your landlord and claim the building owner and/or manager was responsible for your injuries.

What if this occurs during a storm, though?

Storm-Related Injuries in a NY Apartment

If you are injured in your apartment building because of a storm, you will still need to show that your injuries were caused by the landlord’s negligence.

Let’s say everything in your apartment building is in safe working order but a storm comes and soaks the floor of the lobby. If you slip and fall in the lobby due to the slick surface during the storm and are injured, you may not be able to sue your landlord depending on the particular circumstances of your incident.

Queens NY Premises Liability Attorney

However, if the front door was broken prior to the storm and that broken door allowed rain to get into the building, you might have a case if you slip and fall and sustain injuries. In this scenario, the landlord could possibly be found negligent for not repairing the door before the storm hit.

If you are injured in your apartment building, regardless of whether a storm was involved, reach out to an experienced New York personal injury lawyer today to determine if you’re entitled to compensation.

 

Tainted Candy in NY? Worry More about the Other Kind of Food Poisoning

Tainted Candy in NY? Worry More about the Other Kind of Food Poisoning

Halloween has passed, but it is never too early to think about next year’s Halloween-related safety issues.

There are a lot of urban legends surrounding Halloween, but one of the most memorable and consistent is the threat of personal injury due to tainted candy. Whether it’s razor blades and needles or arsenic and cyanide, tainted candy is on everyone’s mind.

However, while you should certainly be cautious when it comes to unwrapped or suspicious trick-or-treating loot, the real danger you need to be concerned about is regular food poisoning.

Let’s look at which Halloween treats are the most susceptible to food poisoning and then go over food safety tips that will help you prevent a Halloween nightmare next year.

Beware of Food Poisoning This Halloween

Whether you are planning to throw a Halloween party or just attend one next year, there are a few things you should watch out for when it comes to the food.

Caramel apples. This delicious treat is a staple during Halloween, but if they’ve been sitting out for a while, you might want to pass.

In 2014, 35 people who had eaten commercially prepared caramel apples ended up in the hospital due to Listeria monocytogenes – bacteria that can cause vomiting, headaches, and fever. The cause? The caramel apples had reached room temperature, enabling the bacteria to grow.

If you need a caramel apple fix, make sure you’re getting one that’s cold and has been kept in the refrigerator.

Cooked food. If you plan to cook food next Halloween, be sure to check the internal temperature of your dish to avoid the risk of food poisoning. Poultry and meat should be cooked at proper temperatures.

Also, make sure any perishable foods aren’t left outside of the refrigerator for too long because that’s a perfect breeding ground for bacteria.

Produce. Serving fruit and vegetables at a Halloween party is a healthy alternative to all that candy, but make sure you wash all produce before preparing or eating. Even if you’re just bobbing for apples instead of eating them, you should still rinse your produce thoroughly to ensure it’s free of bacteria.

Wash your hands. Regardless of whether you’re preparing food to serve others or simply dishing out the food to enjoy, it’s imperative to wash your hands to avoid contaminating the food or contaminating others.

Signs of Food Poisoning

While you can take all of these necessary precautions, you can’t control everything. Sometimes food poisoning happens, so you need to know what to watch for.

Bacteria like Listeria, Salmonella, E. coli, Staphylococcus aureus, and others are the most common causes of food poisoning and can cause a number of signs and symptoms, including:

Queens Food Posioning Lawyer

  • Vomiting
  • Diarrhea
  • Headache
  • Abdominal pain or abdominal cramping
  • Nausea
  • Fever
  • Dehydration
  • Muscle pain and cramping

For the most part, if you get food poisoning, you simply have to wait it out and should get better in a few days to a week. There are some times, however, where you might end up with a more serious case.

In the event that you need to be hospitalized due to food poisoning, you might want to reach out to an experienced New York personal injury lawyer to determine if you have grounds for a lawsuit to recover damages. In tragic cases where food poisoning causes death, a wrongful death claim may be viable.

Hopefully, though, if you follow these tips to avoid food poisoning, you’ll be able to stay safe next Halloween!

 

Keep Yourself Safe from These Common NY Thanksgiving Accidents

Keep Yourself Safe from These Common NY Thanksgiving Accidents

The Thanksgiving holiday is more than just a real feast, it’s also a “feast” of food, fun, and family time. Unfortunately, as with the real feast at the center of the celebration, sometimes it’s possible to overdo it or act without thinking.

When that happens, it can lead to a number of injuries. Here are the most common ways people get hurt on and around the Thanksgiving holiday and how to avoid each one.

Auto Accidents

Millions of Americans travel by automobile over the Thanksgiving weekend which means the potential for car crashes significantly increases between Wednesday and Sunday.

If you’re on the road this Thanksgiving, it’s wise to practice smart driving habits with all the extra traffic. Put away all distractions, especially your phone. Wear your seat belt – over 60 percent of those who die in holiday car crashes are unbuckled. Above all, don’t drink and drive as that puts everyone at risk for serious injury or death.

Slips and Falls

If you have adverse weather conditions where you celebrate Thanksgiving, plan to watch your step when you get out of the vehicle and make sure to wear shoes that grip the ground well. As a Thanksgiving host, prep your yard and sidewalks ahead of time. Treat any ice/snow-covered areas, sweep away debris and remove clutter from walkways and porches.

Inside the home, avoid slip and fall injuries by clearing paths, cleaning up spills, and making sure no little children are underfoot when you are carrying heavy items.

Also, if you’re planning to decorate your home for the holidays after the feast, make sure to use extra precautions while using a ladder. Many people end up with fractures and sprains from falling off ladders while hanging lights or greenery. Test your ladder for stability first and don’t exceed the weight limit.

Burns

Burns happen on Thanksgiving most often because people are trying to put out a fire the wrong way. Keep a fire extinguisher on hand and use it instead of water – especially on grease fires because water on grease fires may increase your chances of getting burned.

If you plan to fry your turkey this year, it’s crucial that you follow these burn precautions:

  • Set up your fryer far away from flammable objects, including dry leaves.
  • Use protective gear like long-cuffed gloves, frying hooks and safety glasses.
  • Completely thaw and pat-dry your turkey before frying.
  • Be sure to follow fryer guidelines for proper oil levels and temperatures.
  • Never leave the turkey fryer unattended.
  • Keep children away from the fryer at all times.

Take care not to get a burn injury in the kitchen also. Watch for splattering when removing items from the oven or stove. Keep sleeves pushed back so they don’t accidently catch fire. Make sure your pot handles are turned away from the front to prevent spills.

Cuts

Queens Personal Injury Lawyer

Many people get cut by handling knives improperly. To avoid this, you need to follow a few safety precautions.

  1. Start with a sharp knife, since sharp knives are steadier than dull ones.
  2. Pay close attention, keeping your eyes on the food and your fingers curled under to prevent injury.
  3. Leave the turkey carving to someone with experience.
  4. Secure your cutting board with a silicone or rubber pad underneath.

Food Poisoning

You can spoil your whole Thanksgiving weekend with a bout of food poisoning. Because of this, it’s important to take several precautions to keep foods safe:

  • Allow plenty of storage space in refrigerators and freezers so air can circulate properly.
  • Defrost your turkey and other meats in the refrigerator, not on the counter.
  • Cook all meats to full temperature.
  • Wash your hands thoroughly before, during, and after cooking.
  • Keep raw meats and eggs separate from other foods to prevent cross-contamination.
  • Don’t leave food out too long.
  • Reheat leftovers thoroughly.

Football

Many families enjoy a post-meal game of football, but a fun game can turn into a horrible day if an accident occurs.

To stave off injuries, there are a few things you should remember, such as:

  • Work out ahead of time.
  • Warm up before the game with some light aerobics and stretching.
  • Don’t drink alcohol before playing – it can impair your judgment.
  • If you haven’t played in a long time, it may be best to cheer others on rather than participate.

If you do get injured, stop playing right away and get help. Typical Thanksgiving football injuries include broken bones, sprains, and slipped discs.

Alcohol-related injuries

Alcohol Related INjury Attorney New York

Have a plan in place to drink responsibly. Also remember to keep drinks out of the reach of children. Curious toddlers may take a sip and get sick, so always keep track of your glass and lock up bottles of alcohol.

If you become injured this Thanksgiving due to someone else’s negligence, time is of the essence to get compensation for your injuries. Contact an experienced attorney as soon as possible to receive the help you need.

 

Can You Sue in New York if Your Kid Suffers a Sports Injury?

Can You Sue in New York if Your Kid Suffers a Sports Injury?

Participating in sports is an excellent way for kids to stay healthy as well as develop important life skills such as self-esteem, leadership, and teamwork. The positive effect of sports definitely outweighs the negative – unless you’re talking about injuries.

Regardless of whether your child plays a team sport or an individual sport, there’s always a  risk of injury when participating in a physical activity. That risk of injury can be higher or lower depending on which sport your child plays.

When you look at child athletes between the ages of 5 and 14, there are definitely differences among which sports result in more injuries:

  • 28 percent of percent of football players
  • 25 percent of baseball players
  • 22 percent of soccer players
  • 15 percent of basketball players, and
  • 12 percent of softball players.

What type of injuries are we talking about here?

The Most Common Sports Injuries

There are numerous ways athletes can get injured playing sports, but some injuries are seen more frequently than others. Here are the 10 most common sports injuries:

  • Patellofemoral syndrome or knee injuries
  • Shoulder injuries such as dislocations, misalignment, muscle strains, and ligament sprains.
  • Tennis or golf elbow from activities that require gripping
  • Strained hamstring
  • Sciatica
  • Shin splints from sports that involve a lot of running
  • Strained groin
  • Concussions
  • ACL tear or strain
  • Strained hip flexor

So now you know what type of injuries to be wary of when your child participates in sports, but what happens in the event that your child is injured? Can someone else be liable?

Liability in Child Sports

In most instances, if your child is injured while playing a sport you won’t be able to hold anyone responsible. As mentioned above, when anyone participates in a sport, they understand that there is a risk of getting injured.

However, there are certain instances when you might be able to hold someone accountable for your child’s sports injury due to that other person’s or entity’s negligence.

Equipment failure. If your child’s injury is a result of an equipment failure or a defective product, then you might be able to hold the manufacturer of the equipment responsible for the injuries. For example, if a golf club head comes flying off during a swing due to equipment failure and hits someone causing a serious injury, the company that made the golf clubs could potentially be liable.

Queens Child Injury Lawyer

Return-to-play decisions. When a child is injured, their coach or trainer needs to decide if that child can keep playing or should sit out the rest of the game. If the coach or trainer is negligent in their decision in allowing the child to return to the game under rare circumstances, you might be able to hold the school and coaches responsible.

If your child is seriously injured while playing sports, the particular fact scenario leading up to the injury will be especially important in determining liability. Reach out to an experienced New York personal injury attorney today to find out if you have a case and are entitled to compensation.

 

* Prior results cannot and do not guarantee a similar outcome.

This website contains “Attorney Advertising.”  It is designed for general information only and should not be construed to be formal legal advice.  Prior results cannot and do not guarantee a similar outcome.  Please contact us by telephone or email.  Be advised that using any method of communication to contact us does not create an attorney – client relationship.  In order for this office to represent you, we must enter into a written retainer agreement.  Simply contacting us does not create an attorney-client relationship.  Please do not send any confidential information to this office until after a signed retainer has been entered into by you and this office.