Latham Legal Issues Blog

Exploring options when unsafe products cause injuries

New York residents who have been injured by an unsafe product might react first with anger, thinking "How could such a faulty device be available for sale?" Of course, the primary concern for anyone who is injured by an unsafe product is to get the necessary medical attention. From there, it may be prudent to consider the potential legal options to possibly attempt to recover financial compensation.

The hard part of attempting to obtain financial compensation through a personal injury lawsuit is that cases involving injuries caused by unsafe products can be much more complex than your run-of-the-mill car accident or slip-and-fall case. "Products liability" is a unique area of the law that addresses injuries caused by unsafe or defective products. Knowing how to apply the law to the facts of any given case is a crucial part of presenting a strong claim.

Nursing home negligence is a major issue for many

Nursing home residents often require frequent care, and it is up to the staff members to ensure that they get it. When these workers slack off on their duties, residents are the ones who suffer. It is imperative that everyone in the facility receive the care they need.There are many things that can go wrong when proper care is lacking. The type of maltreatment they are receiving determines the impacts. No matter what's going on, nursing home negligence shouldn't be allowed to continue. Taking steps to stop this atrocious behavior is critical.

The extreme danger of distracted driving

"Distracted driving" is a term that is gaining more prominence in the discussions at local, state and national levels that attempt to improve safety on the roadways. Some people may view this term dismissively, thinking that there is no harm in glancing at your smartphone real quick while driving in order to read or reply to a text message, review navigation options or even to quickly glance at an article on the internet. However, the reality is that distracted driving is extremely dangerous.

As a recent news article noted, while the rate of drunk driving in America seems to be on the decline, the rate of distracted driving is actually climbing. The problem is especially concerning with young drivers, who combine a lack of experience behind the wheel with the ever-alluring distraction of the smartphone right next to them.

What are the basics about the law for slip-and-fall accidents?

Our readers in New York probably know that an injury suffered due to a "slip-and-fall" may be the basis of a personal injury lawsuit. However, many people are unaware that seeking compensation for an injury suffered in these types of circumstances falls under the umbrella of "premises liability" law. So, what are the basics about the law for slip-and-fall accidents?

To begin, a large part of the case will be about responsibility. Who was responsible for the property - an owner, landlord or tenant? And, how does that party's responsibility for the property in question impact their responsibility for maintaining the property so that it is safe? These are usually the first questions to ask in a premises liability case.

Man faces criminal charges over allegedly stolen auto parts

It is pretty common for news reports to provide details of arrests but then never follow up with how the case ends. This can result in an immediate conclusion about the arrestee's guilt or innocence in the "court of public opinion." However, everyone should remember that an arrest is not the same as a conviction - we all enjoy the presumption of innocence in America, until proven guilty beyond a reasonable doubt. A man who was recently arrested in New York, according to reports, hopefully will benefit from this presumption, as all arrestees should.

According to the reports, a 38-year-old man was arrested at a business in Albany. The reports indicate that the state police received a report that a suspect had come to the business on several occasions to sell catalytic converters for scrap. It appears that someone at the business suspected that the catalytic converters might have been stolen. While law enforcement officials were at the business on this day to investigate the situation, the suspect reportedly showed up with more catalytic converters to sell. He was taken into custody at that time.

Know your options after a motor vehicle accident

It is an unfortunate reality that in a highly populated state like New York there will be thousands of car accidents each year. And, even more unfortunate is the reality that many of these car accidents lead to injuries, ranging from minor to severe, with some leading to fatalities. Anyone who has been injured in a motor vehicle accident in New York needs to know the available options and the basics about a potential personal injury lawsuit.

For starters, anyone considering a personal injury lawsuit should be familiar with the concept of "negligence." In essence, when a party is negligent, it means that party did not conform to expected behavior. For example, all drivers on the roads in New York are expected to operate motor vehicles in a reasonable manner, conforming to the required driving laws. Any deviations from this expectation could be considered negligence, possibly resulting in a car accident.

What is subrogation in a personal injury claim?

Many factors go into determining what you need to seek in a claim for compensation. Complainants often think about their medical bills and lost wages. They might not think about what their insurance company paid before they saw a single statement. This thinking can harm the claim because you may not think to include this amount in your claim.

Insurance companies don't want to have to pay for medical care that they shouldn't be responsible for. When you choose to file a personal injury claim, your insurer might keep a close watch on the case. There is a chance that if you are successful, they will file a claim against your settlement or award to recover the money that they spent.

Standing firm to face criminal charges in New York

There is no doubt about it: being charged with a criminal offense in New York can be scary. The vast majority of people are never exposed to the state's judicial process in any fashion, except perhaps for a family law or traffic court matter. So, facing a criminal charge can be intimidating, which is completely understandable. But, how a person reacts to a criminal charge can make all the difference in the outcome of the case.

While most people wouldn't know it from their local news coverage, an arrest is not the same as a conviction. Unfortunately, in today's instant-reporting society, the court of "public opinion" is all too swift. Some people simply cannot stand the perceived societal stigma that comes with being arrested for a criminal charge.

What are the basics about products liability law?

Each year, defective products injure hundreds if not thousands of New York residents. Most of our readers have probably seen "recall" notices before, which are statements put out by companies to warn consumers of the danger of a product that is out in the market and available for purchase. When a defective product injures a consumer, a potential legal claim may exist under an area of the law known as "products liability" law. So, what are the basics about products liability law?

Well, for starters, products liability law falls under the larger umbrella of "tort" law. In a tort law case, one party - the injured party - is making a claim that another party negligently or recklessly caused the injury at issue. So, more specifically in a products liability claim, the injured party is usually claiming that a company, manufacturer or retailer either designed or manufactured a product in a negligent or reckless manner, or that one of the defendants failed to include adequate warnings with the product about potential dangers.

Multiple motorcycles involved in crash

Some of our readers may have heard about a series of motorcycle accidents that occurred to the north of the Latham area in nearby Hague, in which multiple motorcycles collided in a series of quick crashes. The accidents occurred on July 27.

According to reports, a couple in a motorcycle-sidecar combination was riding on Graphite Mountain Road in an easterly direction when the man driving crossed the centerline and hit another motorcycle that was coming from the opposite direction in the other lane. Fortunately, the motorcyclist who was struck, along with a passenger, were not injured in this initial collision. The motorcyclist of the motorcycle-sidecar combination, and his wife, were both injured. The man needed to be airlifted for medical care due to the extent of his injuries, while his wife was transported in an ambulance for medical care.

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