New York Noncompete, Trade Secret & School Negligence Blog

Why a Queens H.S. Wasn't Liable for Failing to Have Defibrilator

A NY appeals court recently turned back part of a wrongful death claim by the family of a H.S. student. The Court was right, explains a NY school negligence lawyer

Court Allows Negligence/Wrongful Death Claim Against School to Proceed

A recent ruling by the Utah Supreme Court allowed a negligence/wrongful death claim against a school to survive dismissal. Here's the 'why' behind this decision

School Negligence Claim Filed By Father of 13 Yr.-Old Whose Principal Refused Her Medical Attention

Author of the Free Consumer Guide, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," and Long Island & Queens, New York school negligence and child injury lawyer Jonathan Cooper discusses a recent case that highlights some of the challenges inherent in bringing a successful school negligence case. For additional information on how to prove a school negligence case under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-your-school-negligence-case-under-new-york-law.cfm, or contact Jonathan Cooper directly at 516-791-5700.

Bronx Construction Site Worker Wins Summary Judgment on NY 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

Construction Site Accidents in NY: Why Contractors Should Be Held Strictly, Or Even Absolutely, Liable

In this article, Long Island, NY construction site accident lawyer Jonathan Cooper opines on why contractors should be held legally responsible to assure their workers' safety on the job. For additional, FREE information on construction site accidents and how they are handled under New York law, please visit www.JonathanCooperLaw.com.

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.

Earlier today, in conjunction with the launch of its campaign to prevent re-sellers of consumer products from introducing into the stream of commerce various products that were the subject of safety recalls (an earlier study concluded that almost 75% of re-sellers failed to comply with the Federal law prohibiting the re-sale of recalled consumer products) the U.S. Consumer Products Safety Commission released its Top Ten List of Recalled Children's Products.

Interestingly, this announcement does not clarify why these particular products made the "Top Ten" list. While some may be inclined to think that this is a cheap marketing gimmick, or a vain attempt at humor (ala David Letterman), my reading of the description of incidents that led to the recall of these dangerous products convinces me that this is not the case. The distinguishing characteristic of these products? Unlike many other consumer safety recalls, the design defects in these particular products (mostly defective cribs) led to several wrongful deaths.

That said, I am still troubled by a few aspects of the CPSC's press release. One, if the stated goal of the Top Ten List is to garner and focus the public's attention on the unique dangers presented by these particular children's products, then they should say so. And rather than just issue a simple press release, they should broadcast this list all over the news, and post videos on the internet that demonstrate the manifest dangers of these products. Second, if the government went to the trouble of conducting a study roughly ten years ago which assessed whether re-sellers of consumer products were compliant with Federal law barring the re-sale of recalled products, why wasn't a companion study done to assess what measures could be implemented to improve compliance. Wouldn't that have been more important than the first study?