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 accidents, slip and/or trip and fall accidents, auto 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:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
In weighing the parties' relative degree of fault for the subway accident, the jury held the Transit Authority 70% responsible, notwithstanding the fact that the plaintiff was heavily intoxicated on alcohol and narcotics at the time of occurrence. While New York's courts have long held that the motorman of a subway train can be held liable in negligence for failing to avoid an accident provided that he had enough time and distance to do so, I am at a loss to understand how a man who found himself on the train tracks only because of his self-inflicted methadone and alcohol-induced haze can only be 30% responsible for his accident. Perhaps I'm alone in my feelings on this; but I highly doubt it.