Posted on September 20, 2017 in Personal Injury

Recent reforms to medical malpractice laws may be putting patients’safety at risk. H.R. 1215, or “Protecting Access to Health Care Act 2017,” was passed in the U.S. House of Representatives in June2017. The bill affects those who receive federally subsidized health care,and prevents them from holding medical providers, nursing homes, and pharmaceutical companies accountable for any harm they have caused due to negligence.

Additionally, the bill caps non economic damages at $250,000, while forbidd ingjuries from being informed of this limitation. The bill further outlines that payouts for these cases must be made over a considerable amount of time, rather than as a lump-sum payment. This can affect the ability of patients to pay for their medical debt without accruing further debt.It also can decrease the time individuals have to discover injuries and file a claim.

H.R. 1215 obviously puts companies before patients. Patients who are harmed by negligent medical care may not be able to receive the full compensation they are entitled to for the injury they sustained. Many patient claims can be worth far more than $250,000.

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 Posted on September 13, 2017 in Personal Injury

Most states’ laws regarding dog attacks and bites operate under either the strict liability doctrine or the one-bite rule, which does not designate a dog as dangerous until after its first known bite/attack. New York,on the other hand, combines both these rules.

According to New York Agriculture & Markets Code section 123, the owner of a “dangerous dog” is liable if the dog causes injuries to someone else, to livestock, or to another person’s companion animal. A dangerous dog is one that attacks and either injures or kills a person, farm animal, or pet without justification, or behaves in a manner which causes a reasonable individual to believe that the dog poses a “serious and unjustified imminent threat of serious physical injury or death.”

Under this statute, a dog owner is “strictly liable” for all medical expenses resulting from injuries caused by a dangerous dog. So if the dog is found to be dangerous, the dog’s owner must pay theinjured party’s medical bills, even if the dog’s owner had taken reasonable precautions to control or restrain the canine.

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 Posted on August 16, 2017 in Personal Injury

Teens are often excited to get their driver’s licenses and learn to drive, despite their parents’ worries. Parents have every right to be worried, however, since young drivers are often at an increased risk for a car accident. Here are some of the top reasons teen drivers get into accidents.

Inexperience

Young drivers haven’t had the years and years of experience on the road that older drivers have had. Even after Driver’s Ed and several driving lessons, teen drivers still have much to learn. Additionally, their reflexes to hazardous situations may not be as practiced as an older driver. Teen drivers also are learning how to react to hazards safely and control their vehicles. Make sure your teen gets regular driving practice,and continue to drive with them after they have their driver’s license to continue building good driving habits.

Distractions

Teen drivers are still developing mentally and emotionally, and they are more prone to distractions. They’re still learning to manage all the information they are takingin while driving, and adding distractions, such as cell phones, the radio, personal grooming, eating, and passengers, can be a recipe for disaster.Encourage your teen to keep both hands on the wheel and wait for all other activities until after they are safely parked. Try to limit the number of people they can take in their car, and ask that they turn off their cell phone while behind the wheel.

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 Posted on August 11, 2017 in Personal Injury

Road rage has been a significant problem in New York and the rest of the country. Sometimes these incidents even lead to personal injury or property damage.

When you are a victim of road rage, you may be wondering, “Can I sue the other driver who assaulted me in a road rage incident?” If you are able to identify the individual who assaulted you, you may be able to sue the driver for any persona linjuries or property damage to your vehicle, in addition to possible criminal charges.

In New York, criminal law prohibits varying forms of assault. The most basic charge would be assault in the third degree, then it goes up to assault in the second degree, and finally first-degree assault. Third-degree assault is known as simple assault, which means causing harm to someone else with the intent to do so, no matter how the severity of the injury in question. Harmful or offensive physical contact with the individual or with something near the person would establish liability for assault.Any of these instances below may be considered sufficient grounds for the other diver to be liable for assault.

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 Posted on August 04, 2017 in Personal Injury

During the summertime, waterparks are an effective and fun way to beat the heat. However, they can also leave you with serious injuries.

Whether it is a slip-and-fall accident or a drowning, injuries and illnesses can occur at waterparks. So if you do suffer an injury at a waterpark,who can potentially be to blame?

The following are the common liable parties in waterpark injuries:

• Waterpark Owner - Similar to amusement parks, waterparks are required to provide a reasonable duty of care to their visitors. If an accident was caused by a defect or negligence, the waterpark owner may be held liable for the injuries caused.
• Waterpark Workers - Waterparks employ lifeguards, ride operators, food vendors, and maintenance workers, all of whom could potentially cause you to suffer an injury. While the waterpark could be held liable for an employee’s negligent actions if he or she was within his or her scope of work, an injured party can hold the employee liable for injuries caused by reckless, willful, or malicious acts of employees that were outside the scope of their employment.

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 Posted on June 10, 2017 in Personal Injury

Work Injuries a Leading Cause of Death and Injury in the United States

At Ivey Barnum & O’Mara, we have served more than a few victims of workplace accidents. As a result, we are well-acquainted with the pain and suffering they can cause. That’s why we’re spending thisyear’s National Safety Month honing in on workplace injuries and helping you avoid them.

According to the Bureau of Labor Statistics 2014 Census of Fatal Occupational Injuries, thousands of people die in workplace accidents every year. While not every workplace injury results in death, injuries on the job can result in lost production time, lost wages, and long-term physical, emotional,and financial harm to the employee, among other painful consequences.With so much at stake, you can’t afford to take the possibility of a workplace injury lightly. In order to help you keep yourself safe on the job, we’re here to help you better understand what workplace injuries are, how they happen, and how to handle them when they do happen.

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 Posted on May 17, 2017 in Personal Injury

This summer, many people will be opting for long road trips on their vacations.If you plan on taking an extended drive this summer, make sure you’re prepared by taking these safety precautions so that you and your loved ones aren't faced with a serious car accident.

Maintenance Your Car

Upkeep whatever vehicle you will be taking on the road this summer. It’ll be hotter than normal, so you don’t want to be caught on the side of the highway in the heat. Take your car for regular oil changes, battery checks, tune-ups, and tire rotations. Also, ensure you invest in a good roadside assistance service in case your car requires a tow.

Check Your Car for Recalls

One thing your mechanic may not do if you’re not taking it to the dealership is to check for product recalls. However, you can look forany potential problems with your car by visiting the National Highway Traffic Safety Administration (NHTSA) search tool to enter your vehicleidentification number (VIN). The website will identify any vehicle that has not been repaired as a part of a safety recall in the last 15 years.

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 Posted on May 09, 2017 in Personal Injury

It’s no secret riding motorcycles is one of the most dangerous forms of transportation. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclist deaths occurred 27 times more frequently than fatalities in other vehicles, based on 2014 crash data. Here are some of the most common reasons bikers get into so many accidents.

Lane Splitting

Lane splitting is what happens when a motorcycle drives between two lanes of stopped or slow-moving cars. While in many states, this is illegal,in other states it is a widely recognized as a standard practice. However,accidents can occur because the bike is in such close proximity to cars,which are larger and can cause more damage. Likewise, being in between two cars reduces the space motorcyclists have in which to maneuver. So,if a car starts to change lanes without realizing a bike is next to it,the rider has less room in which to avoid the oncoming car. This is mostly the result of the fact that car driver’s don’t anticipate any vehicle or motorcycle will be passing them in slowed traffic.

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 Posted on May 02, 2017 in Personal Injury

Now that the weather is warming up, more and more people will be flocking to the water to cool off during the hot summer days. At the same time, hospitals around the country will see an increase in swimming-related accidents. More alarmingly, there will also be unintentional drowning,which is the 5^th leading cause of unintentional injury death in the United States, according to the Centers for Disease Control and Prevention (CDC). From 2005 to2014, there were more than 3,000 unintentional drownings, and around 1in 5 people were children 14 years of age and younger.

Children are, of course, some of the most vulnerable to swimming accidents.If someone leaves a gate open near a pool, a curious toddler might venture out into the yard and accidentally fall into the water. Kids are also not particularly strong swimmers, especially the younger they are. Once they fall in, if no adult is there to take them out quickly enough, they could sustain permanent brain damage or even death from lack of oxygen.

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 Posted on April 27, 2017 in Personal Injury

Car accidents can be particularly disorienting and stressful. People never expect them to happen, and when they do, they may be completely blindsided by the events. Likewise, accidents can be dangerous and can also often cause our stress responses to increase. Our heart rates intensify, and our adrenaline levels rise, which is our bodies’ ways of preparing us for danger.That same response, however, can often numb us to the situation at hand.Without thinking about it, you could find yourself apologizing to another driver involved.

While this is a natural response, it may not do you any favors in the long run. You and the other driver might not know who caused the accident. In fact, both of you might have contributed some part to it. However, if other people witnessed the events and stopped to help you, all they might be seeing is you apologizing to the other driver. If a police officer later investigates the accident,he or she may take witness statements that place you at the scene apologizing to the other driver. The other driver’s insurance company may use this as evidence you actually were at fault in the incident.

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