Blog 
Construction Site Accidents
- Suffolk Court Highlights Split Between NY Courts In Construction Site Accident Cases
- Intoxicated NY House Painter Falls Off His Own Ladder - and Sues
- Injured Cement Truck Driver Covered by NY Labor Law 240(1), Court Holds
- School That Loaned Ladder to Worker May Be Held Liable For Fall, NY Court Holds
- When NY Courts Reach Absurd Results: Worker Injured in Collapsed Trench Deemed a "Trespasser"
Car Accidents
- In Effort to Reduce Pedestrian Accidents, NYC to Install Countdown Clocks
- Finding EMS Was Not Reckless, Jury Dismisses EMT's Injury Claim Against NYC
- Driver Runs School Bus Stop Signal, Then Explains "I Didn't Know What It Meant"
- Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement
- Insurer's Lawyer: Plaintiff's Lawyer Had No Right To Believe/Rely On What We Said
Slip/Trip and Fall Accidents
- How Mass. Court Changed Its Law In Slip and Fall Case to be More Like NY
- Looking for a Prime Example of Constructive Notice of a Defect In NY? Here it is.
- NY Court Allows Injured Central Park Sledder's Case to Continue - For Now
- When You're Liable No Matter What Under New York Law
- Even Without Direct Proof of Store's Negligence, Suffolk County Woman Wins Re-Trial
Child Injuries
- What Could Be Going On In Your Child's School
- Special Needs Student Left at Wrong Stop Gets Hit By 2 Passing Cars
- How to Defeat One Typical Defense to a NY School Negligence Claim
- Leaving Children On Bus: Another Tragic Instance of School Negligence
- School Bus Lands In Ditch After Vomiting Driver Falls Out of Moving School Bus
Defective Products
- What Does Tainted Egg Recall Mean For Your NY Food Poisoning Lawsuit?
- Fan Hit By Broken Bat Sues NY Mets, MLB and Bat Manufacturer For Defective Bats
- Why It's So Important to Find Qualified Experts in a NY Products Liability Case
- Brooklyn Park Removes Defective (and Ridiculous) $84,000 Playground Equipment
- When Companies (Dell) Resort to Absurdities to Conceal Defective Product Design
General
- How to Prove a Building Owner Was Negligent Under New York Law
- Finally, New York State to Allow E-Filing of Claims Against New York City
- How One New Yorker's Slip and Fall Case Survived a Motion to Dismiss
- When New York Lawyers Try To Defend The Indefensible
- Court Compels Liability Insurer to Defend and Indemnify Landlord - Even Though Landlord Was Never Named on the Tenants' Policy
New York Business Litigation Attorney | New York Breach of Contract Attorney 
- Victoria’s Secret(ly) (and Tortiously) Interfered With Contract, NY Business Claims
- Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract Claim
- Why It Is So Difficult to Invalidate a Mandatory Arbitration Clause in New York
News
- Jury Awards NY Couple Nearly $200,000 For Mold Damage...
Posted on 8/9/2010 - Finance Company Files $24 Million Breach of Contract Claim Against Annie Leibovitz...
Posted on 8/2/2009 - Trade Secret Soft Drink Formula Found To Have Traces of Cocaine...
Posted on 6/11/2009 - ...
Posted on 6/11/2009 - New York Company Wins $17.5 Million in Breach of Contract, Trade Secret Theft Lawsuit...
Posted on 3/10/2009 - Two Engineers Indicted for Trying to Steal Goodyear Tire's Trade Secrets...
Posted on 3/7/2009 - Homeowners Awarded Over $20 Million For Property Damage Caused by Hurricane...
Posted on 2/16/2009 - Supplier Sues Putnam County Manufacturer for Breach of Contract, Defective Parts...
Posted on 2/15/2009 - Employee Fired for Abuse of Corporate Credit Card...
Posted on 2/14/2009 - Suppliers' Names Are Protected Trade Secret, Appeals Court Holds...
Posted on 2/13/2009
Library
Construction Site Accidents
- NY Labor Law Section 240(1) - Who Is Protected By This Statute
- What Type of Construction Risks Are Protected By NY Labor Law §240(1)?
- The 2 Types of NY Labor Law §200 Cases - and How to Prove Them
- Construction Manager Liability For Worksite Accidents Under NY Law
- The Fatal Mistake That Can Ruin Your Construction Site Accident Case in New York
Car Accidents
- When a NY Police Officer Causes Your Auto Accident
- Why Some Bicycle Accident Claims Are Barred Under New York Law
- Elevator Accidents and Injuries Under New York Law
- Why Employers Are Liable For Their Grossly Negligent Employees in NY
- Dangerous Intersections: Municipal Liability Under New York Law
Slip/Trip and Fall Accidents
- Despite Admin Code 7-210, NYC Is Responsible to Maintain Tree Wells
- Degeneration - The Most Common Defense to New York Injury Claims
- How to Prove a Trip and Fall Case Against New York City
- How the "Special Use" Doctrine Applies to Trip and Fall Cases in NY
- Defining a Snow Removal Contractor's Tort Liability Under New York Law
Child Injuries
- 11 Symptoms That Your Child May Have Suffered a Concussion
- How Parents Can Be Held Negligent in NY For Their Kids' Dangerous Acts
- How NY Employee's Bad Act Can Lead to Finding of Employer Negligence
- How a School Can (Not) Be Liable For an Assault Under New York Law
- The Most Critical Mistake To Avoid When Suing A New York Municipality
Defective Products
- The Impact of a Tainted Product Recall On Your NY Food Poisoning Case
- The Most Important Issue Before You Start a NY Products Liability Case
- How To Prove A Breach of Implied Warranty Claim Under New York Law
- How To Prove a Breach of Express Warranty Claim Under New York Law
- The Penalties For Destroying or Losing Critical Evidence Under NY Law
Newsletters
- Law Offices of Jonathan Cooper August 2010 Newsletter
- July '10 Newsletter
- June '10 Newsletter
- May '10 Newsletter
- April 2010 Newsletter
General
- How New York's Dram Shop Laws Hold Bars Liable for Drunk Drivers
- When Can a Trial Court Modify the Size of a Jury's Award Under NY Law?
- What Is "Conversion" Under New York Law?
- Commission Agreements, Finders Fees and New York's Statute of Frauds
- Common Exceptions to the Attorney-Client Privilege In New York
Case Results
Construction Site Accidents
Car Accidents
- $600,000 Recovered for 30-Year-old Queens Man With Neck Surgery
- $70,000 Recovered for Woman Who Injured Knee When Ambulette Personnel Dropped Her Down Stairs
Awarded: $600,000
Awarded: $70,000
Slip/Trip and Fall Accidents
- $500,000 Recovered for Woman Who Sustains Subdural Hematoma After Falling Through Restaurant's Open Trap Door
- Defendant's Insurer Tenders Full Insurance Policy for Mail Carrier Who Fractured His Arm In Slip and Fall on Poorly Shoveled Steps
- $70,000 Recovered for Woman Whose Lung Collapsed After She Slipped and Fell in Icy Parking Lot
Awarded: $500,000
Awarded: $100,000
Awarded: $70,000
Child Injuries
- $250,000 Recovered For 7 Year-Old Student Hit By Car at Dismissal
- $37,500 for NYC Student Who Lost Part of His Finger In Defective Door
- $90,000 Recovered For Girl Burned By Soup That Was Negligently Prepared By Home Health Aide
Awarded: $250,000
Awarded: $37,500
Awarded: $90,000
Defective Products
- $550,000 Recovered for Woman Whose Achilles Tendon Was Cut
- $90,000 Recovered for Woman Who Sustained Second Degree Burns When Handle Broke Off From Ceramic Mug
Awarded: $550,000
Awarded: $90,000
Other
- Company Recovers $700,000 Due to its Attorneys' Negligence
- $500,000 Judgment Against Developer Reduced by Over 2/3
- Defense Verdict for Small Business that Was Sued by Employee
Awarded: $700,000
Awarded: Defense Verdict
FAQs
Construction Site Accidents
Car Accidents
- If a construction site worker is injured at a time that the worksite is closed, are the defendants liable under New York's Labor Laws for his personal injuries?
- If a construction site worker suffers serious personal injuries as the result of a gravity-related risk, or due to insufficient or faulty safety equipment, is the property owner automatically liable under Labor Law §§ 200, 240(1) and 241(6) as a matter of law?
- Are accidents that occur in a shipyard covered under the strict (or absolute) liability provisions of New York's Labor Laws that govern construction site accidents?
Slip/Trip and Fall Accidents
- In New York City, who is required to maintain street signs and sign posts?
- I slipped and fell over snow and ice on the sidewalk in front of a private building. Who is responsible to keep the sidewalk clear of snow and ice in New York City?
- I was hurt when I tripped and fell over a defective roadway. How much time do I have to bring a claim?
Child Injuries
- Can a parent be held responsible, or liable in negligence, for the acts of his child under New York law?
- Can a school be held liable for an assault by another student under New York law?
- Can the assumption of risk doctrine be used to bar my child's negligent supervision claim under New York law?
Defective Products
- If someone is largely - but not entirely - to blame for their own accident, will that preclude them from recovering damages for their personal injuries in a negligence or defective products lawsuit?
- If a manufacturer or distributor of a product issues a product recall, does that mean that they have conceded that their product is defective?
- I had severe diarrhea, and was vomiting after eating some food that I suspect was tainted. Is that enough for me to bring - and win - a food poisoning lawsuit?
General
- Is a company or school's violation of its own internal rules inherently negligence as a matter of New York law?
- If the sale of my property falls through, but the buyer pays his way out of the contract, do I have to pay the real estate broker?
- If my insurance company refuses to defend and indemnify me (or my business) on a claim, and a court ultimately finds that the insurance company was wrong for doing so, what are my remedies?
1.866.374.1164
General
Misconceptions About the Consequences of Destroying (or Even Losing) Evidence in NY
From the apparently cavalier attitude, by virtue of their utter lack of response, to Apple's claim that they have deliberately destroyed evidence that is critical to Apple's claims for copyright infringement, unfair competition and breach of contract, Psystar seems to believe, or at least would like to give the impression, that Apple's assertion is inconsequential. Here's why they may be wrong - very wrong.- Misconception #1 - If I Destroy Evidence That The Other Side Needs For Their Case, It's Their Problem, Not Mine - This notion is patently false. As noted in "The Penalties For Destroying or Losing Critical Evidence," the Court is obliged to assure that your loss of the evidence does not unfairly prejudice the other side's ability to prosecute its claim or defense.
- Misconception #2 - If I Merely Lost the Evidence, Rather Than Deliberately Destroyed It, The Court Will Not Sanction Me - Though this used to be the rule in New York, it hasn't been true for over 10 years. Since 1997, New York's courts have increasingly held that where the critical piece of evidence has been retained by a party - even just in anticipation of litigation, and that piece of evidence is negligently lost or destroyed, the responsible party's claims or defenses may be dismissed.
Long Island, New York trial lawyer Jonathan Cooper represents businesses and individuals in business and commercial litigation cases including breach of contract, breach of fiduciary duty, as well as New York child accidents, construction site accidents and personal injury cases.
Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester, and is the published author of a FREE Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," and "Why There Are So Few Successful Defective Products Lawsuits." In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.
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