Go to navigation Go to content
Toll-Free: (888) 497-3410
Phone: 516.791.5700
Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


11/24/2010
Jonathan Cooper
Comments (0)

Why a NY Court Immunized Police Against Claim They Shot Bystander

Author of the Free Consumer Guide to New York Accident Cases, Why Most Accident Victims Do Not Recover the Full Value of Their Claim, https://www.jonathancooperlaw.com/reports/free-new-york-personal-injury-book-why-most-accident-victims-do-not-recover-the-full-value-of-t.cfm, Long Island, New York personal injury lawyer Jonathan Cooper discusses a recent decision that immunized the NYPD against the personal injury claim of a woman that was hurt when she was hit in the crossfire between the police and a criminal suspect. For additional information on this topic, readers are encouraged to contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: long island accident attorney

3/24/2010
Jonathan Cooper
Comments (0)

Even Without Direct Proof of Store's Negligence, Suffolk County Woman Wins Re-Trial

In this article, Long Island, New York personal injury and negligence lawyer Jonathan Cooper discusses why a Long Island judge awarded a re-trial of a negligence case after the jury had already rendered a defense verdict. For additional information on how accident cases are handled under New York law, please download a FREE copy of Jonathan Cooper's book, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from either www.TheNewYorkAccidentBook.com or www.JonathanCooperLaw.com.

Category: Keyword Search: long island accident attorney

3/7/2010
Jonathan Cooper
Comments (0)

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.

Category: Keyword Search: long island accident attorney

1/11/2010
Jonathan Cooper
Comments (0)

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

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.

Category: Keyword Search: long island accident attorney

10/12/2009
Jonathan Cooper
Comments (0)

In New York City, Who Is Liable For A Defective Curb?

In this article, Long Island, New York trip and fall lawyer Jonathan Cooper discusses who is legally responsible for a defective curb under New York law. For additional information on this topic, and how accident cases are evaluated and handled under New York law, please order a copy of Jonathan Cooper's Guide to New York accident cases, Why Most Accident Victims Do Not Recover the Full Value of Their Claim from www.TheNewYorkAccidentBook.com.

Category: Keyword Search: long island accident attorney

8/23/2009
Jonathan Cooper
Comments (0)
Sometimes the courts get it right - and for the right reason.

In Nutley v. Skydive the Ranch, the plaintiff suffered personal injuries when he was forced to rely on his secondary chute rather than on his primary parachute which had failed. In their motion to dismiss the complaint, the Skydive ranch pointed out to the Court that before he embarked on the skydive, the plaintiff had signed an agreement in which he expressly waived his right to sue for the ranch's negligence.

But that's not why the appellate court dismissed the case: under New York law, any contract or agreement between the owner or operator of a facility and a paying customer stating that the owner may not be held liable for its negligence is void and unenforceable (see NY General Obligations Law 5-326). Instead, the appellate court noted that since the plaintiff's claimed injury resulted from a risk that was open and obvious, and inherently part of, the activity of skydiving, the plaintiff voluntarily assumed this risk, and therefore the defendant Skydive ranch could not be held liable for his injuries.



Category: Keyword Search: long island accident attorney

7/21/2009
Jonathan Cooper
Comments (0)
Yesterday, msnbc published a fascinating story on the University of Michigan Health System, which, unlike nearly every other health care facility in the Country, has seen the number of medical malpractice claims (and concurrently, the amounts paid out on claims) against it cut in half over the last several years. This is no fluke. Their secret? When they make a mistake, they own up to it and apologize. In the words of their general counsel, they are practicing "basic common decency." As a corollary to this approach, this particular health care system actively tries to make fair offers to resolve meritorious cases early on, rather than allowing the cases to wind their way through the court system for years, and in the process, incurring higher defense costs. Not surprisingly, this tactic tends to lessen the patients' anger, and less likely to sue. Given the obvious logic and fantastic success of this program, it is apparent that this approach should be made a central component of any tort reform package, don't you think?

Category: Keyword Search: long island accident attorney

6/7/2009
Jonathan Cooper
Comments (0)
Following a recent story on CNN which reported that Chrysler's bankruptcy filing would mean that personal injury lawsuits against the auto manufacturer would now effectively be barred, the predictable response from tort reform advocates of "WHO CARES," was prominently displayed in the blog comments section of the report. My response to that is simple: you should. And here's why: even if you don't drive a Chrysler, someone else who's on the road with you just might. And if no one in the manufacturing  or distribution chain of that vehicle has any incentive to make sure that their consumers are apprised of any defects in the vehicle, whether in its design or manufacture, guess who's being put at risk? That's right - not only the drivers of those vehicles, but everyone around them, including you and me. So before anyone's too quick to dismiss as inconsequential this corollary to Chrysler's bankruptcy filing, perhaps they should take a broader view of the broader impact on consumer safety, and consider the possible impact on them.

Category: Keyword Search: long island accident attorney

5/25/2009
Jonathan Cooper
Comments (0)
In light of a recent decision by New York's Court of Appeals (New York's highest court) dismissing yet another personal injury lawsuit brought by a worker that was injured by safety hazards while working on the job (see our blog article, New York Appellate Court Dismisses Another Construction Site Accident Case), I reduced to writing a list of the three categories of construction site accident cases, and the evidence that is needed to successfully prove each one of these different types of claims under the heading What a Plaintiff Must Prove to Win a Construction Site Accident Case.

As always, please let me know what you think; I appreciate the feedback!

Category: Keyword Search: long island accident attorney

5/20/2009
Jonathan Cooper
Comments (0)
In the May 20 edition of the New York Daily News, it was reported that one of Britney Spears's former bodyguards has sued her for personal injuries that he allegedly sustained due to her negligence. In reading the article's description of this man's background, I was amazed that my gut almost instinctively rejected the merits of this man's claims - even though very little detail about the actual claims is given. And you know what? I imagine that most people reading that article felt the same way.

So, you ask, what was so troubling about the man's past that it turned me, a Long Island, New York personal injury lawyer into a hardened skeptic? He is clearly a very litigious guy, with two other lawsuits that are still pending, and a third work injury-related claim that was resolved some time ago. While it is questionable to what degree an attorney would be permitted to introduce evidence of the other claims at trial, there is a serious risk that a jury will take this new claim - no matter how legitimate - with more than a few grains of salt.

In addition, if you sue over a relatively minor injury to one part of your body, and then subsequently injure that same part of your body more severly later on, you may have unwittingly provided an important defense to the latter claim: that your injury was caused by the first incident rather than the second one. To summarize: before rushing head-first into litigation, you should strongly consider whether this case is really worthwhile; if you don't, it could compromise a more meaningful claim down the road.



Category: Keyword Search: long island accident attorney

5/6/2009
Jonathan Cooper
Comments (0)
This informative - and amusing - article published by Car and Driver should be required reading for every teenager learning to drive (and isn't a bad refresher course for those of us who've been driving for longer than we care to admit).

Category: Keyword Search: long island accident attorney