Kings County Court Dismisses Worker's Accident Claim - And Disregards Jury's Verdict

In a decision from a Kings County court that is scheduled to appear in tomorrow's edition of the New York Law Journal, the plaintiff worker's injury claim was dismissed - even though the jury had found in his favor. For additional information on what you need to prove in order to win a worksite accident case, please visit www.JonathanCooperLaw.com, or contact Long Island, New York construction site accident attorney Jonathan Cooper at his Nassau County office at 516.791.5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Absent "Special Relationship," Municipality Cannot Be Held Liable For Playground Assault

In this blog post, Long Island, New York child accident attorney Jonathan Cooper sets forth the criteria that New York's courts look to in determining whether and when a municipality or municipal agency can be held liable for an assault by third parties. For additional information on child accidents generally, and how they are evaluated under New York law, please visit www.JonathanCooperLaw.com, or contact Jonathan Cooper directly at his Long Island office at 516.791.5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Appellate Court Refuses To Dismiss School Assault Case

In a decision that was reported in today's New York Law Journal, Long Island, New York child accident attorney Jonathan Cooper discusses how an upstate appeals court affirmed a trial court's decision that denied a school's motion to dismiss a personal injury and negligent supervision claim against the school, finding that this particular assault may have been foreseeable to the school, and that the school failed to discharge its duty to the plaintiff-student. For additional information on school negligence and assault cases generally, please visit www.JonathanCooperLaw.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Worker Injured At Closed Construction Site Not Entitled to Recover, Court Holds

In a decision that was handed down last week, a Queens County trial court held that a construction site worker is not entitled to recover for his personal injuries when he was working there without authorization. For additional information on construction site accidents and how they are analyzed under New York law, please visit www.JonathanCooperLaw.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Worker Who Fell From Ladder Wins Judgment - Even Though Ladder Not Defective

In a decision that was reported in today's New York Law Journal, and handed down by a Queens trial court on February 2, a construction site worker who fell from an unsecured ladder won summary judgment on his Labor Law §240(1) claim - even though there was no proof that the ladder was defective in any way. For additional Free information on the elements of a construction site liability claim under New York law, please contact Long Island, New York construction site accident attorney Jonathan Cooper at his Nassau County office at 516.791.5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Foster Parents Cannot Be Sued For Negligent Supervision By Their Kids, Court Holds

In a case of first impression that was handed down on February 2, 2010, New York's Appellate Division, Second Department held that foster parents, just like biological parents, cannot be sued by their children on a negligent supervision theory. For additional information on negligent supervision claims, and other legal issues pertaining to child safety, please visit www.JonathanCooperLaw.com, or contact Long Island, New York child accident attorney Jonathan Cooper directly at 516.791.5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

The Most Important Exception To Owner/Contractor Liability For Worksite Accident

Although much has been written about the automatic, or near-automatic, liability of an owner or contractor for a worker's injuries that were sustained at a construction or worksite that resulted from a gravity-related danger or due to their failure to furnish the worker with proper safety equipment (see, e.g., "How To Prove A Construction Site Accident Case" and "Construction Accident Liability Under New York Law"), there is an important exception to this rule, which is known as "the homeowners' exemption." For additional information on this topic and other quality, Free information related construction accident cases in New York generally, please visit www.JonathanCooperLaw.com, or call Long Island Construction Site Accident lawyer Jonathan Cooper directly at his office at 516.791.5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

What Types of Accidents Constitute "Repair" Work Under Labor Law §240(1)?

In this article, Long Island, New York construction site accident attorney Jonathan Cooper discusses what types of activities constitute "repair" work under Labor Law §240(1) that will allow an injured worker to recover for these job-related injuries. For additional information on this topic, please visit www.JonathanCooperLaw.com

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement

In deciding the defendants' motion to dismiss in a construction site accident case that was handed down on January 19, New York's Appellate Division, Second Department clarified what the effects are of a plaintiff's attorneys admissions that he made during his opening statement to the trial jury. For additional information on this and other topics pertaining to small business litigation, personal injury and defective products under New York law, please visit www.JonathanCooperLaw.com.

Long Island, New York trial lawyer Jonathan Cooper represents small businesses and individuals in breach of contract, breach of fiduciary duty, commercial litigation, personal injury and defective products cases in Nassau, Queens, Brooklyn, Bronx, New York City, Suffolk and Westchester. In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Construction Site Worker Wins Summary Judgment on Labor Law 240(1) Claim

Applying the Court of Appeals' (New York State's highest court) recent decision in Runner v. New York Stock Exchange, a Bronx judge recently awarded judgment as a matter of law to the surviving family of a construction worker on his personal injury and wrongful death claim. For additional information on construction site accidents under New York law, please visit Jonathan Cooper's website at www.JonathanCooperLaw.com

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Assaulted Student's Negligent Supervision Claim Against School Survives Dismissal

In a decision that is scheduled to appear in tomorrow's New York Law Journal, a Nassau County trial judge held that although schools are not insurers of their students' safety, they can still be held liable in negligence for a student's personal injuries if they fail to discharge properly their duties to their students. For additional information on how to prove a school negligence case or other negligence matters generally, please visit www.JonathanCooperLaw.com.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

Why Disproving A Construction Site Accident Case Isn't So Simple

Published author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claims" and Long Island, New York construction site accident lawyer Jonathan Cooper discusses the difficulties faced by defendants in disproving an injured worker's claim. For additional information on this topic and New York accident cases generally, please visit his website at www.JonathanCooperLaw.com, or contact Mr. Cooper at his Nassau County office at 516-791-5700.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Insurer's Lawyer: Plaintiff's Lawyer Had No Right To Believe/Rely On What We Said

In yet another example of the lengths some insurers and their attorneys will go to, a recent decision rendered by a Brooklyn trial court judge vacated a settlement agreement that was based on wrong information that the insurer had provided, and was relied upon by both parties before effectuating the settlement. For more articles and videos on this topic, please visit Long Island, New York accident attorney Jonathan Cooper's website at www.JonathanCooperLaw.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Don't Drink ... and Walk, Study Says

Discussing a study that recently appeared in the New York Times, Long Island, New York personal injury attorney Jonathan Cooper notes that intoxication is not a hazard that is limited to driving and auto accidents; in certain circumstances it is also applicable to pedestrians. For additional information on accident cases generally, and the mistakes to avoid in order to protect your claim, please download a copy of Jonathan Cooper's Free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claims" from www.JonathanCooperLaw.com. or www.TheNewYorkAccidentBook.com.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

Brooklyn Court Dismisses Child's Lead Poisoning Claim

Author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" and child injury attorney Jonathan Cooper discusses how a recent decision highlights the importance of timely investigating and filing claims - particularly against municipalities such as the City of New York. For additional information on this topic, please go to his website at www.JonathanCooperLaw.com

Long Island, New York trial lawyer Jonathan Cooper represents small businesses and individuals in breach of contract, breach of fiduciary duty, commercial litigation, personal injury and defective products cases in Nassau, Queens, Brooklyn, Bronx, New York City, Suffolk and Westchester. In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Construction Site Worker That Was Injured When Makeshift Pulley System Failed May Recover Damages, High Court Says

In a fascinating decision, New York's highest court interprets construction site worker safety statute broadly, allowing injured worker to recover for his personal injuries. For additional free information on construction site accidents and what a claimant must do to prove their injury case, please visit www.JonathanCooperLaw.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Police Must Still Drive Responsibly, Even When Responding To Emergency, Court Holds

Long Island, New York author of The New York Accident Book, Jonathan Cooper discusses a recent and important decision from New York's Court of Appeals that placed strict limits on a police officer's rights to rely upon certain provisions of the Vehicle and Traffic Law that give them greater latitude in the care they must show while driving.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

Why It's So Important To Investigate Your Child's Negligence Claim BEFORE You File Suit

In this article, Long Island, New York child injury attorney Jonathan Cooper uses a recent decision from a Queens County judge to highlight how proper investigation of a claim before filing suit could have saved a child's personal injury claim from being dismissed. For additional information on this and related topics, please download a copy of Jonathan Cooper's Free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from www.JonathanCooperLaw.com or www.TheNewYorkAccidentBook.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Computer/Cell Phone User Beware: Your Records May Be Discoverable In A Car Accident Case

In an opinion published on the front page of today's New York Law Journal, an appellate court held that a driver's computer and cell phone records must be disclosed in order to verify whether he was - or wasn't - using them at the time of the car crash. For additional information on car accident cases generally, and how to avoid common mistakes that will reduce the value of your accident claim, please download Long Island, New York accident attorney Jonathan Cooper's Free e-Book at www.TheNewYorkAccidentBook.com.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

What Is A School's Responsibility To Assure The Safety of Its Teachers? Not Much, Court Says.

In this article, Long Island school accident attorney Jonathan Cooper discusses a disturbing case that was handed down from New York's highest court that dismissed the lawsuit of a school teacher who was assaulted by a student. For additional information on this topic, please visit his website at www.JonathanCooperLaw.com.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

Applying Statutory Exception, Court Reinstates Construction Worker's Labor Law/Injury Claim

In this article, author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" discusses the criteria that the appellate court relied upon in reversing the trial court's dismissal of a construction worker's negligence case.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Why A School Was Deemed Responsible For A Science Experiment That Went Awry

Published author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" Jonathan Cooper discusses how a school can be held liable for the negligent training of its teachers. For additional information on this topic, please visit www.JonathanCooperLaw.com, or download his Free eBook at www.TheNewYorkAccidentBook.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

Court Recognizes Important Exception To Owner's Liability For Construction Site Accident

In another installation in his series of articles on construction site accidents under New York law, Nassau County, Long Island personal injury attorney Jonathan Cooper discusses an important exception to the rules imposing liability on property owners. For additional information on this topic, please visit www.JonathanCooperLaw.com.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his eBook on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

How Unfamiliarity With Your Auto Insurance Can Cost You - Big Time

This blog post discusses a recent decision from New York's highest court that precluded an accident victim from recovering the full value of her claim because she (or her attorney) was unfamiliar with certain important aspects of the insurance law and the insurance policies. For additional information on mistakes that will reduce the value of your accident claim, please visit www.TheNewYorkAccidentBook.com.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.  There is no fee until personal injury lawyer Jonathan Cooper successfully recovers fair compensation for you.

NY Court Upholds Commercial Insurer's Disclaimer of Coverage for Construction Accident Claim

In a decision that was handed down on October 20, New York's Appellate Division, Second Department (which covers Kings, Queens, Nassau, Suffolk and Westchester Counties) re-affirmed an important, but largely unknown, rule: unlike auto policies, which are heavily regulated by both statute and the Insurance Regulations, the insurance companies writing commercial liability policies are free to limit their own liability by excluding from coverage any claims arising out of a personal injury or construction site accident that occurs to the contractor or owner's employee.

While I find persuasive the logic behind this particular decision ("[W]hen statutes and Insurance Department regulations are silent, [courts] are reluctant to inhibit freedom of contract by finding insurance policy clauses violative of public policy"), that in turn begs the question: why should and/or did the legislature go to such lengths to distinguish - and regulate - auto and truck insurance as well as fire insurance coverage?

I believe that the answer lies in recognizing that cars and trucks are dangerous instrumentalities, and the legislature wanted to ensure that there would be financially responsible entities available to compensate people who were legitimately and seriously injured through someone else's negligence. In a commercial context on the other hand, Workers' Compensation insurance is available to compensate the injured employee, rendering moot the need for additional regulations to forbid commercial liability insurers from excluding coverage for such incidents.

That being said, and at the risk of redundancy, you should never accept an insurer's disclaimer of coverage at face value; since the specific steps an insurer must take to properly disclaim coverage are highly regulated and technical, you have little to lose by challenging the disclaimer. Conversely, if you don't, you are guaranteed to lose out on your chance to have your insurance cover your losses.

Long Island, New York trial lawyer Jonathan Cooper represents small businesses and individuals in breach of contract, breach of fiduciary duty, commercial litigation, personal injury and defective products cases in Nassau, Queens, Brooklyn, Bronx, New York City, Suffolk and Westchester. In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.