The airline is not liable for damages due to canceled flights
What about overbooked flights?
And delayed flights?
Talk to a lawyer
Let’s imagine you’ve paid your contractor to install a new ceiling
While ceilings often collapse in older buildings, if you contract a building or home repair company to install a new ceiling, safety is implied – not personal injury. There’s no reason for a new ceiling to collapse except shoddy work.
You could have been seriously injured
If you were at home when the ceiling collapsed, there was a big chance that you could have been injured. Even severely so. And a personal injury due to a collapsed ceiling could result in broken bones or trauma. Imagine a little child suffering from anxiety of her home no longer being safe. Imagine a son losing a football scholarship over a serious leg injury. And while we’re talking about family a lot, if you’re single and living by yourself, the same rules apply to you.
When would suing make you a bad person?
If no-one really got hurt, you probably shouldn’t sue for personal injury. However, if you have proof that the ceiling collapsed due to poor workmanship and if someone in your family got injured, physically or emotionally, suing makes you a responsible person – not a bad one. No-one would blame you or think badly of you for trying to protect your family’s interests.
You have every right to sue
This is a tricky question. Of course, if the trespasser entered your premises without your permission, one would think that it was his own fault for getting hurt. In New York, the victim of the accident should legally be allowed on the property to be able to claim expenses for an injury on the property.
There are a few exceptions, though. Children don’t have a clear idea of the concept of trespassing and may often find themselves on a property where they do not belong. If the property is not child-proof, for example, if there is a swimming pool without a fence, the owner of the property may be liable for some of the expenses if the child gets injured on his property. This is true if the owner was aware of the child on his property and did not give a warning about potentially harmful areas on the premises.
For adult trespassers, it comes down to whether the premises owner knew that the trespasser was on his property and whether he had warned the trespasser about areas where the trespasser got injured. If the trespasser had fair warning, he wouldn’t have much of a personal injury case and would likely not be able to claim compensation for his injuries.
Basically, if you have warned the trespasser of any potential danger on your property, you wouldn’t have to pay any expenses as a result of him getting hurt on your property.
If someone trespassed on your property and wants to claim compensation for personal injury, you can contact one of our expert lawyers at Linden Law for a free consultation. Call us at 212-804-8440 or visit our offices at 1500 Broadway Suite 903.
According to premises liability laws, property owners are liable to ensure that their properties are a safe space for visitors. If property owners are negligent in maintaining their properties and someone gets hurt, that property owner may have to pay a sizeable sum to compensate the injured person for their medical bills, any lost wages due to days off work as well as personal pain and suffering.
Premises liability is sometimes referred to as slips and falls – mainly because many premises liability cases rest upon accidents where the injured slipped and fell on the property. Slippery surfaces are one of the top reasons why visitors slip and fall on someone else’s property. It can be due to a spilled beverage on a restaurant floor or due to wet floors without a warning sign. Or it can be as simple as a driveway that wasn’t adequately cleared of snow.
If you slipped and fell on someone else’s driveway, the first question that you need to answer is whether the owner could have reasonably prevented the accident in any way, in other words, was the accident caused by the owner’s negligence? The second question is whether the property owner could have reasonably expected you to be in his driveway. And the final question is whether you could’ve done something to prevent the accident – perhaps you were texting while walking and wasn’t paying attention to the surrounding conditions. A good personal injury lawyer can help you to answer all these questions and evaluate whether you have a case against the property owner or not.
Linden Law has represented a woman from Westchester County who fell on a driveway and fractured her wrist to such an extent that it required surgery. She was awarded $250 000 in a settlement to compensate her for her medical bills and other damages suffered. If you have been the victim of a slip and fall accident, call us at 212-804-8440 for a free consultation.
In California, hopeful cancer patients were treated with the drug Taxotere. Although they expected some hair loss due to chemotherapy, no-one expected the hair loss to be permanent. Countless women were victims of exposure to a defective drug containing a toxic substance that permanently killed their hair follicles, leaving them bald for life.
The Taxotere case
Such an event can only be infuriating as one is already battling with the trauma of a deadly disease. Permanent bodily damage due to serious side effects of a defective drug is unacceptable. Unfortunately, the doctors were unaware of this terrible side effect and the plaintiffs looked towards the drug manufacturers, Sanofi SA, who have allegedly misled both patients and doctors to believe that the hair loss would be temporary. In fact, the manufacturers only admitted that permanent hair loss was a possibility in 2015, even though the drug was approved by the FDA in 1996. By January 2017, the manufacturers of Taxotere faced 776 lawsuits due to their misleading the public about the high risk of possible permanent hair loss.
Claiming product liability
Claiming compensation in such a scenario means that are suing the manufacturer or distributor for product liability that has resulted in a personal injury. In such a case the law says that the thing speaks for itself – i.e. the product wouldn’t have been defective if someone was not negligent. So, instead of trying to prove that the manufacturer was negligent as in many personal injury cases, the manufacturer would have to go a long way to prove that they were not negligent.
If you have suffered a personal injury due to a defective product, call the New York City Product Liability Attorneys at Linden Law for a free and confidential consultation at 212-804-8440 or visit our office at 1500 Broadway Suite 903.
You may be able to claim compensation
Post-traumatic stress disorder or PTSD is a serious mental health condition that’s set off by a traumatic event. According to the National Vietnam Veterans Readjustment Study, 30% of men develop full-blown PTSD after having served in a war. Among veterans of the Iraq and Afghanistan wars, 13% was suffering from PTSD. It’s not just war veterans that suffer from PTSD. For non-war related PTSD cases, it was found that 10% of the US women and 4% of US men suffer from PTSD in their lifetimes.
PTSD can incur massive medical bills along with severe personal suffering. If you are suffering from PTSD due to an accident or traumatic event you may be able to claim compensation for damages suffered. But how do you even begin to quantify the emotional and mental anguish of PTSD? An expert personal injury lawyer will be able to help you with that. But before you can claim compensation, you first need to convince the juror of the extent of your pain suffering from PTSD. This takes us to our next point.
File a personal injury complaint with an expert witness
Suffering from PTSD may be sufficient grounds on which to file a personal injury case to claim back compensation after an accident or injury. However, you will need an expert witness on the stand to help you make your case. This is because the specifics of PTSD are not fully understood by the average juror, and the court needs to make sure that the jury fully understands the implications of PTSD. The expert witness will explain the signs and symptoms of PTSD.