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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:

 


5/30/2018
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How Negligence v. Contract Breach Can Mean Winning or Losing

In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing

Category: Keyword Search: negligence

5/24/2018
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Can You Be Liable for Hurting a Seller's Amazon Ranking?

A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking

Category: Keyword Search: negligence

3/30/2016
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NY Court: Financial Advisors Aren't Professionals

While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued

Category: Keyword Search: negligence

3/2/2016
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The Different Ways an Insurance Broker Can Be Liable in NY

There are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper

Category: Keyword Search: negligence

2/17/2015
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Teacher Joins Class in Bullying Special Needs Student

It's bad enough when a child is bullied. But it's unimaginably worse when the teacher joins in. School bullying attorney Jonathan Cooper weighs in on this story

Category: Keyword Search: negligence

2/12/2014
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If True, This is How You Prove a School Negligent Hiring Case

A disturbing news story out of California seems to fit the paradigm of how you prove a negligent hiring case against a school, says NY school negligence lawyer

Category: Keyword Search: negligence

12/12/2013
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NY Appeals Court: Dog Owner Not Liable for Interference With Bicyclist

In a decision that was handed down on December 5, an upstate appeals court upheld the dismissal of a negligence action by a bicyclist against a dog owner.

Category: Keyword Search: negligence

11/13/2012
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Why the NY Lawsuit Against LIPA is a Mere Publicity Stunt

Hurricane Sandy sufferer and Long Island, NY negligence attorney Jonathan Cooper explains why the recently filed lawsuit against LIPA is likely to fail.

Category: Keyword Search: negligence

8/28/2012
Jonathan Cooper
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NY Appeals Court Holds Floor Water Not a Dangerous Worksite Condition

In a split opinion, a majority of a NY appeals court held that a water condition on the floor of a worksite was not a dangerous condition for which liability could attach.

Category: Keyword Search: negligence

6/27/2012
Jonathan Cooper
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Despite No Memory of Fall, NY Construction Worker Recovers $3.25 Mil

There are some instances where construction site workers can recover damages despite not recalling the accident, explains NY construction accident lawyer.

Category: Keyword Search: negligence

6/14/2012
Jonathan Cooper
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Queens Court: Transit Authority Has No Duty to Air Condition Subway Cars

Queens Court: Transit Authority Has No Duty to Air Condition Subway Cars

Category: Keyword Search: negligence

6/12/2012
Jonathan Cooper
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Brooklyn Court Refuses to Dismiss Drunken Subway Rider's Wrongful Death Claim

Long Island, NY personal injury lawyer Jonathan Cooper discusses a Brooklyn Court's refusal to dismiss a drunken subway rider's wrongful death claim.

Category: Keyword Search: negligence

10/30/2011
Jonathan Cooper
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Another Hot Coffee Burn Case in NY - and the Plaintiff Wins

Yes, you can have a viable hot coffee negligence case in New York. Long Island, NY personal injury and negligence lawyer Jonathan Cooper explains.

Category: Keyword Search: negligence

8/24/2011
Jonathan Cooper
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Technicality Splits NY Appeals Court in Right to New Negligence Trial

Technicality Splits NY Appeals Court in Right to New Negligence Trial

Category: Keyword Search: negligence

8/24/2011
Jonathan Cooper
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Why this School Negligence/Dog Attack Claim Would Fail in NY

Long Island, NY school negligence attorney Jonathan Cooper discusses why some school negligence cases may succeed in one jurisdiction but fail in another.

Category: Keyword Search: negligence

7/10/2011
Jonathan Cooper
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A Tough But Important Question: Are Rangers to Blame for Father's Death?

Long Island, NY negligence lawyer Jonathan Cooper addresses whether Rangers would - or should - be held liable under New York law for the tragic fall.

Category: Keyword Search: negligence

6/1/2011
Jonathan Cooper
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Following Trial, Suffolk Court Dismisses "Stick" and Fall Case

Long Island, New York slip and fall lawyer Jonathan Cooper discusses a recent case that was dismissed by the court following plaintiff's proof at trial.

Category: Keyword Search: negligence

11/1/2010
Jonathan Cooper
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Why the 4 Year-Old New Yorker Should Never Have Been Sued in Negligence

Author of the Free Consumer Guide, 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 & Queens, New York child injury and negligent supervision attorney Jonathan Cooper discusses a recent ruling from a Manhattan judge that allowed a personal injury claim against a 4 year-old child to proceed. For additional information on this topic, please call Jonathan Cooper at 516-791-5700.

Category: Keyword Search: negligence

10/14/2010
Jonathan Cooper
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NY Mets Deny Liability for Drunken Fan's Fall on Woman That Destroyed Her Back

Long Island, New York author of "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 discusses how a New York County judge responded to the Mets' disavowing any liability for a tragic accident at Shea Stadium. For additional information on this topic, please contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: negligence

6/29/2010
Jonathan Cooper
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Looking for a Prime Example of Constructive Notice of a Defect In NY? Here it is.

Long Island, New York personal injury and negligence attorney Jonathan Cooper discusses a recent article from the New York Times that demonstrates the paradigm of how to prove that a defendant was negligent regarding the maintenance of their property through the doctrine of constructive notice under New York law. For additional information on this topic, please see https://www.jonathancooperlaw.com/library/why-many-slip-and-fall-on-snow-ice-cases-fail-in-new-yorks-courts.cfm, or contact Jonathan Cooper directly at his Long Island office at 516-791-5700.

Category: Keyword Search: negligence

8/23/2009
Jonathan Cooper
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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: negligence

8/11/2009
Jonathan Cooper
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4 Steps to Protect Your New York Accident Claim Following a Hit and Run Accident

In this article, Long Island, NY auto accident lawyer Jonathan Cooper lays out 4 important steps you should take in the aftermath of a hit and run accident to assure that your claim is protected. For additional FREE information on the 10 mistakes that are guaranteed to reduce the value of your accident claim under New York law, please get a copy of Jonathan Cooper's Why Most Accident Victims Do Not Recover the Full Value of Their Claim from www.TheNewYorkAccidentBook.com.

Category: Keyword Search: negligence

7/21/2009
Jonathan Cooper
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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: negligence

7/9/2009
Jonathan Cooper
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NY Appeals Court Whittles Down Claims in Construction Site Accident Lawsuit

In this article, Long Island, NY construction site accident attorney Jonathan Cooper discusses how a New York appeals court dismissed most, but not all, of a worker's personal injury claims because the plaintiff did not prove sufficiently that the defendants had violated specific safety statutes. For additional information on what a plaintiff must prove to win his construction site accident lawsuit under New York law, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: negligence

6/30/2009
Jonathan Cooper
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On June 29, the New York Times reported on a tragic story involving 3 men who were killed when they were overcome by toxic hydrogen sulfide fumes that emanated from a well they had been hired to vacuum out by a Queens-based recycling company located on Douglas Avenue in Jamaica, opposite the Long Island Railroad. According to a Fire Department spokesman, their investigation revealed that the hydrogen sulfide found in the well was more than twice the amount that is considered "imminently dangerous," and that it likely proved deadly to these 3 men in under 10 minutes. On the other hand, this spokesman conceded that the source or origin of this deadly gas was not presently known. This leads to an important, albeit uncomfortable question: can anyone be held liable for the wrongful death of these 3 men who were hired to clean out the well? If so, under which theories of law?

Although a comprehensive discussion of the answer to this question is well beyond the scope of a blog post (a more detailed discussion of some of these topics can be found in "Why There Are So Few Successful Defective Products Lawsuits") the most likely theories of recovery are the following, each of which presents its own unique challenges:

  • Negligence - under this theory, the plaintiffs will have to show that the defendants failed to keep their premises safe for all foreseeable visitors (which should not be difficult in this circumstance), and that they either knew or should have known that their premises had this particular hazard, but failed to remedy the problem in a timely fashion before the accident occurred (a far more daunting thing to prove).
  • Strict Liability - under this theory, the plaintiffs will need to prove that their injuries (or death) was caused by exposure to a dangerous toxin or chemical (again, not too difficult to prove in this case), and that this chemical came from particular defendants. The latter part of this burden of proof will likely be far more difficult, especially when pursuing other companies beyond the recycler at whose premises the toxic exposure occurred.
Finally, it bears mention that anyone defending such a case will likely contend that the claims are barred by the doctrine of assumption of the risk, i.e., that these people were hired to clean out this hole, and knew full well the risk that it might contain toxic fumes, yet proceeded.

In short, although you might be inclined to think that a personal injury or wrongful death lawsuit arising out of this incident would be a "slam dunk," you would be mistaken.

Category: Keyword Search: negligence