New York Injury Attorneys Blog

Michael Joseph a New York Car Accident Attorney and Westchester Truck Accident Lawyer in White Plains, successfully represented the motorist who was injured in a high profile White Plains accident.

A truck lost control and went airborne landing on our client's vehicle. Our client sustained a serious back injury and was out of work for about a year. Michael Joseph won the case and successfully proved the accident was due to the truck's failure to maintain operational control.

Michael Joseph a Westchester truck accident attorney obtained a $500,000 settlement after a year of litigation.

As a New York personal injury attorney who handles construction accidents in Westchester, more and more single family homes are being used for investment. When this happens and a worker is injured while renovating the property the single family homeowner exemption does not apply.

Labor Law § 240 states in pertinent part that all contractors and owners, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, repairing, altering, of a building or structure shall furnish or erect, or cause to be furnished or erected scaffolding, ladders, slings, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed. Likewise, Labor Law § 241(6) applies to all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work.

A defendant is only entitled to the one or two family home owner exemption where it is clear that the property is used solely as a one-or two-family dwelling. Krukowski v. Steffensen, 194 A.D.2d 179 (N.Y.A.D. 3 Dep't 1993). However, an owner of a one or two family dwelling, who does not occupy the property themself but holds it solely for commercial gain, is not entitled to the one or two family dwelling exemption and is strictly liable under Labor Law §§ 240 and 241. Van Amerogen v. Donnini, 78 N.Y.2d 880 (1991).

When considering the issue of commercial use, the relevant focus is upon the objective use to which the dwelling is put, not upon how the use is characterized from the owner's perspective. Pigott v. Church of the Holy Infancy, 179 A.D.2d 161 (N.Y.A.D. 3 Dep't 1992). The law is clear that a court must look to the use to which a defendant has put the property. Morelock v. Danbrod Realty Corp., 203 A.D.2d 733 (N.Y.A.D. 3 Dep't 1994). Zahoransky v. Lissow, 2006 NY Slip Op 52190U (Niagra Sup. 2006).

Westchester construction accident lawyers must throughly investigate the use to which any single family home is being put when analyzing a potential claim of an injured worker.

If you were injured in a New York car accident, you need to speak with a New York Car Accident Lawyer. Under New York's no fault laws, the insurance company for the car which you were in has to provide you with "No Fault Benefits".

If you were a pedestrian and you were hit by a car. The car that hit you is obligated to provide you with no fault benefits.

No fault benefits mean that because you were injured in a car accident, the insurance company for the vehicle you were in or hit by (pedestrian), must pay your medical bills and your lost wages. This includes transportation costs to get to the doctor.

To get the benefits you are entitled to after a New York car accident, you need to file a no fault application within 30 days of the accident. If you do not send in this application within the 30 days, you may loose the benefits. Our New York auto accident lawyers provide these applications at no charge as a courtesy for all of our clients.

As a New York Personal Injury Attorney, I am proud to annouce that our client Maria Osorio's case was recently featured in the New York Post. The Harlem Hospital committed Medical Malpractice by negligently diagnosing our client with HIV, Hepatitus and Herpes.

We intend to make sure our client gets properly compensated for the damage that she was caused. A woman who has been married for 37 years and has been faithful to her husband should not have to endure this type of shock and humiliation.

Medical errors have caused numerous children to loose their parents and spouses to loose their loved ones. Many good people have been seriously injured and even crippled because of medical errors and sloppy doctors and nurses.

In Ms. Osorio's case, the sanctity of her marriage was invaded and she was told she had a terminal disease which caused tremendous distrust between her and her husband even though she had none of the diseases which Harlem Hospital diagnosed her with. No doubt, the NYC Health and Hospital Corp. and the doctors involved will come up with some excuse and silly argument to either blame Ms. Osorio or claim they did nothing wrong.

It is time for the medical community to stop looking the other way, stop covering up and to start accepting responsibilty for the damage they cause to their patients.

Michael Joseph, is a New York Personal Injury Lawyer who has extensive experience in representing people injured in construction accidents. As a New York construction accident attorney, Michael Joseph recently won a trial holding a landowner and general contractor one hundred percent responsible for an excavation accident. Following the verdict, there was a two million dollar settlement, plus all future medical bills.

Prior to trial, the defendants appealed a decision of the Westchester Supreme Court which held that the New York Labor Laws which govern construction did not cover a landscaper working on a construction site, who was injured in an excavator accident. Michael Joseph successfully argued the case before the Second Department of the New York Supreme Court.

The Appellate Court held that Labor Law § 241 imposes a nondelegable duty on owners and contractors to comply in connection with construction, demolition or excavation on a construction site, he was covered under the Labor Law and the defendants could be held responsible for our client's injuries.

The result we obtained debunks the myth that Plaintiffs undocumented aliens in Westchester cannot win.