Long Island, Manhattan Accident Attorney Blog

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for a car defect, you do not need to show that they were careless. Unlike personal injury claims that are based on negligence, liability in car defect cases is controlled by strict liability. Regardless of the steps a manufacturer says it takes in creating or handling a car, you can make a strict liability claim based on a car defect if certain conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The defect may arise from either the car’s design, during handling, manufacture, shipment, or through a failure to warn consumers of a dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict liability claims, particularly if you have owned the car for some time, if it can be shown that you knew about the defect but continued to use the car anyway. This can be established through either the car’s condition or from your description of the use of your car. In some states, a manufacturer or seller may also be able to defend against your lawsuit under the theory that your contributory or comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of awarding more punitive damages for those who have successfully brought a claim against a manufacturer or seller. These punitive damages awards are above and beyond damages to compensate a plaintiff for his or her injuries, and can range into tens of millions of dollars in certain instances. Punitive damages are intended to punish manufacturers and encourage them to fix defects that have resulted in injury. Traditionally, car manufacturers have engaged in what is known as a "cost-benefit" analysis when deciding whether to change a potentially defective design. In this process, the manufacturer will calculate the cost of implementing a design change, and weigh that cost against the potential cost of litigation and settlement after the defect causes injuries. Punitive damages are often awarded in order to add to the potential costs a manufacturer will face if it decides not to fix a design defect, thus shifting the cost-benefit analysis toward the elimination of defects.

It's Better to Be Sure: Get OBEL Coverage on Your Insurance

What if the accident is really bad?

What if you are out of work for a few weeks?

What if the medical bills and property damage go over the coverage limits of your policy?

In New York, policyholders have the option to purchase Optional Basic Economic Loss coverage, or OBEL for short.

What OBEL does is provide up to $25,000 worth of coverage above the $50,000 no-fault minimum requirements. In the event that your initial coverage is exhausted, OBEL coverage not only supplies you with more money, but also covers any passengers or pedestrians that were injured in the accident.

What is also important about OBEL coverage is that you get to decide how that extra $25,000 will be spent. That is much better than the options that you have with just the basic New York no-fault coverage.

Talk to your insurance provider about OBEL coverage today.

If you or a loved one has been injured in a New York car accident, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

Don’t Postpone Car Safety Inspections

New York requires yearly safety inspections for any car that is on the road, and this inspection exists for a very good reason.

Cars are machines made of moving parts. Any machine with moving parts inevitably breaks down. The safety inspection for your car involves a trained mechanic taking a look at all of the parts of your car that are crucial to keeping you from getting into an accident.

They inspect things like the brakes, the tires, the horn, as well as the lights, reflectors and blinkers. These might seem mundane and not important, but each of these parts can play an important role in helping you avoid an accident.

Even if it seems inconvenient to do so, getting your car inspected can let you know if you need new tires, or if your turn signals aren’t working correctly, or if your brakes are about to fail. It is better to have that information before it’s too late for you to do anything about it.

Any car accident is bad enough, but one that is caused by a driver who neglected to get his or car up to safety standards is nothing short of a tragedy.

If you or a loved one has been in a car accident in the New York City area, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

New Car Safety Features

It's hard to fault auto manufacturers these days. With every passing year, more and more safety measures become standard in cars.

With the amount of auto accidents that happen in New York, we applaud anything that makes driving a safer prospect, so the more safety features the better.

If you follow this link:

http://www.cnn.com/2008/LIVING/wayoflife/09/17/aa.avoiding.a.crash/

you will find a great article on some of the new safety features that are being placed in some of the higher end cars, but will no doubt find their way into the lower cost vehicles in the coming years.

As always, if you or a loved one has been injured in a car accident, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

New Limits on Medicaid

A recent article in the November issue of "The Suffolk Lawyer", discusses the important issue of Medicaid liens. In it, it states that "the Second Department has limited the right of a Social Services Department to recover from a personal injury settlement the monies expended by Medicaid in the care and treatment of a person with Down’s Syndrome to the period after the creation of a supplemental needs trust (SNT) and not from the date Medicaid first established the recipient’s eligibility for benefits. In doing so the court harmonized several provisions of state and federal law respecting the creation of SNTs in light of the requirements that an SNT contain repayment language and in consideration of the recent United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (547 US 268). "

The article further discusses the case, Matter of Ruben N. v. Elizabeth T., 2008 Slip Op 06997, decided September 16, 2008, which involved a person with Down’s Syndrome, wherein Medicaid paid his medical bills. Ultimately, the malpractice action settled on August 23, 2002 for $1,600,000.00, with DSS agreeing to accept $102,423.56, in compromise of the 104-b Medicaid lien, attaching against the proceeds of the personal injury action.

By effecting this resolution with DSS, the balance of the settlement proceeds were placed in a supplemental needs trust, which permitted those funds to be disregarded in any calculation of eligibility for Medicaid benefits. The supplemental needs trust in compliance with both federal, state and Social Services law normally contains language, that upon the death of the beneficiary, "the state would receive the remaining trust corpus to the total value of ‘all medical assistance’ provided by Medicaid to the beneficiary."

The party to the case died in 2003. At that time DSS demanded payment, "for all Medicaid disbursements for Ruben’s medical care during his entire lifetime, both before and after the spinal surgery resulting in the paralysis, in the amount of $632,714.22".

It was ultimately decided by the Appellate Division Second Department, to limit the monies received by DSS to the period of time after the creation of a supplemental needs trust, and not the date that Medicaid first established the recipient’s eligibility for benefits.

Top Ten Dangerous Toys of the Past Year

To help parents with the purchase of toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. (WATCH) has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

Inflatable Giga Ball: Watch notes that this inflatable ball that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eye injuries.

Animal Alley Purse Pet: WATCH is concerned that the hair on these, dolls made by Geoffrey Inc./Toys ‘R’ Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

Walk’n Sounds Digger the Dog: The toy’s dog leash is 2 inches longer than the toy industry 12-inch limit and may cause strangulation or entanglement injuries. This product is made by Hasbro/Playskool.

Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that can pose a choking hazards to kids.

Meadow Mystery Play-A-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to children if removed.

Extreme Spiral Copters: This slingshot-like toy can potentially cause eye injuries. Made by Toysmith Group.

TMNT Ninja Battle Gear - Michelangelo Hazard:

- Choking Injuries

- Aspiration Injuries

- Burn Injuries

- Impact Injuries

- Strangulation

- Impalement

- Lacerations

- Puncture Wounds

- Lead Exposure-Related Injuries

- Magnet-Related Internal Injuries
- Death

While Playmates Toys Inc. warns that the toy’s small parts could pose a potential choking hazard, the toy manufacturer fails to warn parents of the potential for blunt impact injuries.

Despite effort to remove dangerous and defective toys from the marketplace, many hazardous toys continue to be available for purchase. According to the Consumer Product Safety Commission, there are still many toys available on store shelves that place children at risk for sustaining:

Peanut Butter Salmonella Recalls Include Little Debbie Snacks

Little Debbie snacks are the latest peanut butter-containing foods to be recalled amid a nationwide salmonella outbreak. The outbreak has been linked to a Peanut Corporation of America (PCA) facility in Georgia which supplies peanut paste and peanut butter to 85 other food companies. Little Debbie joined a growing list of companies that recalled snacks over the weekend. Meanwhile, the Food & Drug Administration (FDA) is warning consumers to avoid eating any foods that contain peanut butter.

According to the Centers for Disease Control (CDC), the outbreak strain of Salmonella Typhimurium has sickened 474 people in 43 states. At least six have died. Nearly a quarter of those sickened have required hospitalization, the CDC said.

Peanut butter became the prime suspect in the salmonella outbreak after the bacteria was found in an opened 5-pound container of King Nut peanut butter made by PCA. That prompted both King Nut Company and PCA to recall peanut butters made at the plant, including those sold under the King Nut and Parnell’s pride labels.

Last week, the salmonella found in the King Nut peanut butter was confirmed to be the outbreak strain, and late Friday, investigators announced they found salmonella in peanut butter at PCA’s Blakely, Georgia facility. That plant has since been closed pending further investigation. In addition to peanut butter, the PCA factory also makes peanut paste, an ingredient in everything from baked goods to sauces.

The announcement set off an avalanche of recalls which are sure to continue in the coming days. Kellogg Company was the first to issue a snack food recall on Friday evening. The company is recalling several varieties of Keebler and Austin snack crackers as cookies, as well as Famous Amos cookies made with peanut butter.

Yesterday, McKee Food Corporation recalled all sizes of Little Debbie Peanut Butter Toasty sandwich crackers and Little Debbie Peanut Butter Cheese sandwich crackers. According to a McKee Food press release, those crackers were also made by Kellogg.

As a precaution, the FDA is urging consumers to avoid all snacks containing peanut butt or peanut paste until the salmonella investigation is complete. However, the agency said most peanut butter sold in jars at retail stores appears to be safe. PCA peanut butters are sold in bulk to food service firms and institutions.

Things Falling off of Skyscrapers

A falling pane of glass is dangerous from any height, but at several stories the consequences are magnified.

New Yorkers figured this out when a pane of glass fell several stories on August 17th and hit the sidewalk.

It is a minor miracle that only six pedestrians were slightly injured.

Since we believe that accidents don't happen as much as they are caused, we think there needs to be some investigation as to the safety of the rest of the glass in that building. We also think that anyone who washes those windows need to be interviewed, and the people responsible for the installation and maintenance (no matter how long ago it took place) need to be interviewed as well.

It could be that the whole thing truly was a freak accident, but in our experience as  New York injury lawyers, those "out of the blue" accidents are exceedingly rare.

 

Do You Live Near one of The Most Dangerous Intersections in New York?

A group called Transportation Alternatives has recently put together a list of the 50 most dangerous intersections in New York for pedestrians and bicyclists.

As New York injury attorneys, we can tell you that pedestrian accidents happen with alarming frequency here. What is interesting about this list is that many of these intersections could be made much safer by simply allowing more time for the pedestrians to cross.

If you or a loved one has been injured in a pedestrian accident in New York City, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

More Drivers Driving Without Car Insurance

Americans have been seeking ways to cut their spending in these tumultuous economic times. One of the biggest cost casualties has been car insurance. The number of uninsured motorists nationwide has doubled in the past year from 10% to 20%, according to the online agency Insurance.com.

"Money is a little tight with people, and they decide if they need to skip on something, they'll let their insurance lapse," said Sam Belden, Vice President of Insurance.com. "It's directly attributable to the economy," he added. "And it's exacerbated by premiums also rising over the past year. When people are squeezed the most, the insurance rates are also going up."

Belden said insurance premiums have increased by 6 or 7 percent this year.

The Insurance Research Council, a group funded by the insurance industry, is expected to release a study next month showing that several hundred thousand drivers dropped their insurance in 2008, partly because of the economy and jobless rate. About 40 percent of callers who followed up on online applications this year let their policies lapse, up from 10 percent a couple of years ago.

David Corum, vice president of the council, said the study shows that a single percentage point increase in unemployment is associated with a half-point increase in uninsured drivers. Despite the hike in rates and the stumbling economy, Belden said policyholders should never let their coverage lapse. Drivers who let their policies lapse usually must pay up to a 50 percent surcharge for a new policy.

Belden said drivers should talk to their agents about various payment options suited for their income. "If you pay once every three months, the amount may look absurd," Belden said. "You can move to monthly payments to even it out. If it gets too desperate, some insurance companies take partial payments at a time. If all else fails, maybe you're with the wrong company. There's a lot of rate variation between the insurance companies out

New York's Liquor Liability Law - Too Much Holiday Cheer Comes With a Price...

Under New York Law, bartenders, shopkeepers, wait staff and other persons who serve alcoholic beverages to "visibly intoxicated" persons can cause their employers to be held legally responsible for injuries or death to innocent third parties. This liability extends not only to motor vehicle accidents caused by drunk drivers, but also to victims of assaults or brawls precipitated by continuing to serve intoxicated patrons.

Employees who serve alcohol are trained to see if patrons have slurred speech, bloodshot eyes, exhibit loud or abusive behavior, or have problems with balance. They are expected to use good judgment in whether or not to continue to serve a patron who appears to be drunk.

Parents or other adults who serve alcohol or provide drugs to minors at parties in their home can similarly be held responsible if injuries result.

Enjoy the holidays----but let common sense prevail.

If you or a loved one has been injured because of such poor judgment, consult an attorney to explain and protect your rights.

Drive safely - The holidays are here!

The end of the year holidays present us with a chance to spend time with family and loved ones. It also means traveling. Unfortunately we have all seen the headlines of fatal accidents that routinely occur during this time of year. According to the National Highway Traffic Safety Administration, more fatal accidents take place between Christmas and New Years than at any other time during the year.

Just a reminder, take your time, don't drink and drive, and have a happy holiday.

It's Winter!!!! Be Safe-----and Make It Safe for Others......

Here in the New York City area we are getting our first dusting of snow. Last night, I begrudgingly and with Scrooge-like scowls trudged into my basement to bring up a bucket of salt for my walks and paths. It got me thinking......

Please be careful driving, and remember that when bad weather and icy conditions hit, it is not a good idea to speed up so you get to your destination sooner. Unless, of course, you like the idea of having your last name changed to "Defendant."

Pack up some kitty litter in your car (for traction) if you get stuck in snow, along with a collapsible shovel. If you find yourself stuck in the snow, spinning your wheels is like...uhh.....well......spinning your wheels. You will just get stuck deeper. Turn your front tires to the left and right to help clear as much snow away from the wheels as you can, and use your handy shovel to clear the rest. The kitty litter (or sand) will help the tires grab and get you out.

Next time you stop for gas, pick up an extra gallon of winter windshield fluid and keep it in the car. You never realize the reservoir is empty until you have freezing sleet in front of your face. Opening the widow and trying to wipe your windshield clear with your left hand while driving on I95 is not recommended by AAA. (You know who you are.)

Ice scraper is a must. Lock de-icer is a good idea, but most people I know keep it inside their car. (???) The few times I had trouble opening a frozen car lock, I used a cigarette lighter to heat up the key and then placed it in the lock. Of course, those were the "good old days" when everybody smoked, and we actually had metal keys instead of things that look like mini-phasers from Star Trek. Progress.

In addition to the obvious "slow down" advice, leave extra room between your car and others for extra stopping distance.

And the best advice: when it gets to the point where you need a push broom to get the snow off your car, and boiling water to melt the glacial ice off the windshield, go back inside and make yourself a hot toddy. Or, to quote that immortal sage Ed Norton: "Pack up and move to Florida!"

New Child Accident Chart Out

The New York Times has put together a chart about child accidents using data from the World Health Organization.

The chart breaks everything down in categories that are more than a little heartbreaking.

One particular statistic that we noticed was that road and traffic accidents are ranked at number one or two among three different age groups. While a great deal of these accidents occur in the third world, it goes without saying that a fair percentage of auto accident deaths occur here in New York City.

This underscores the importance of driving carefully and teaching your teenagers to do the same once they get their licenses.

As always, if you or a loved one have been involved in an auto accident in New York, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

http://www.nytimes.com/imagepages/2008/12/10/health/10injury.graphix.ready.html