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Articles Posted in Premises Liability

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If You Are Injured By Falling Tree Or Branch In A Public Park In New York, Can You Bring A Personal Injury Claim?

I am representing – not for the first time – a personal injury plaintiff who was struck and injured by a falling tree. Very strong case.  But when I tell non-lawyers I am representing a falling-tree victim, they blurt out something like this: “Wow, a tree falls and you can…

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Drunken Student’s Dash Into The Gorge Will Go To Trial

I came across an article recently in the New York Law Journal titled “Drunken Run Could Leave Cornell Liable for Fatal Fall”. It’s about a case judge Ramsey (Ithaca, Tompkins County) recently decided where a drunken, and possibly stoned, Cornell University student suddenly bolted from the friends he was walking…

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“Beam Me Up Scotty” — Central NY Injury Lawyer Discusses Courtrooms of the Future

Next Tuesday I’ll be jumping on a plane to Central America. But I won’t be on vacation. I’ll be representing my Guatemalan clients as they get deposed, remotely, by video, from Syracuse, NY. There’ll be an interpreter with us. How did I end up in Guatemala on a case? That…

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NY Health Clubs Must Have But Need Not Use AED’s, New York’s Highest Court Rules

Last year I blogged about a case (Miglino v. Bally Total Fitness) where one of New York’s intermediate appellate courts (the Second Department) held that health and fitness clubs in New York State must actually use automated external defibrillators (AEDs) when necessary, and not just have them available. If not,…

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Central NY Trip-And-Fall Lawyer Takes Advantage Of Poorly Drafted Village Law

Life is full of surprises. I got one yesterday. A client suffered a very bad injury from tripping on a sidewalk defect in a village near Geneva, New York (I won’t name names!). Normally, trip-and-fall on sidewalk cases are nearly impossible to win because of a special law that protects…

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Thanksgiving and Black Friday Accidents

Thanksgiving is this Central New York injury lawyer’s favorite holiday. Why? Because I love good food, and good company, but don’t like the complicated and expensive business of gift giving. Although Thanksgiving is a holiday, unfortunately, it is not a holiday from accidents. In fact, there are more accidents on…

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Central NY Injury Lawyer Discusses New York Statute Of Limitations In Child Sexual Abuse Cases

Yesterday I blogged about whether a “governmental immunity ” or “sovereign immunity” defense would bar a claim by child sex abuse victims against the State University of New York (“SUNY”) if something like what happened at Penn State (State university football coach sexually abuses children on campus) happened in New…

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