06 September

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Is the Legal Doctrine of ‘Res Ipsa Loquitur’ Losing Its Voice?

The Anglo-American legal doctrine of res ipsa loquitur (the thing speaks for itself) began with an 1863 English case when a pedestrian was struck by a barrel of flour falling while being lowered from the upper floors of a warehouse that was entirely occupied by the defendant. The plaintiff could not present evidence of precisely how the defendant was negligent. Nevertheless, the plaintiff won his lawsuit under a presumption of negligence when the defendant failed to provide an explanation for the event (Byrne v. Boadle) Moving forward to 2015, U.S. courts are reluctant to dispense with a plaintiff proving precisely how...

04 September

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Could Social Media Impact Your Personal Injury Claim?

Posted by orincohenlaw

in Injuries

The use of social media is becoming more and more common. In fact, as of January 2014, 74 percent of adults who used the internet also used social media sites, a Pew Research Center report found. (Since that time, it is estimated that that number has grown.) As social media provides a forum for individuals to share their thoughts, feelings, experiences, and photos, it makes sense that some people who have been injured in an accident turn to social media to share details. However, social media effects on a personal injury claim can be negative, and using social media while in the...

28 August

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There is no true definition of deceased

Posted by orincohenlaw

in Wrongful Death

On behalf of Orin Cohen of Orin J. Cohen Law While death may be the end of life, there is no set definition as to when it occurs. What constitutes death may be different in New York as opposed to other states. As technology evolves, it allows scientists to keep organs to remain in a functional state for longer periods of time after a medical emergency. Therefore, some believe that defining death is a debate that involves both science and philosophy. However, the 1981 Uniform Determination of Death Act created guidelines to determine if a person is no longer living. It says that a person can be...

27 August

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Driving safely during the school year

Posted by orincohenlaw

in Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law Safe driving should be the priority for drivers in New York, especially when the school year begins and traffic increases. When in heavy traffic, drivers should engage in the established safety practices like checking the mirrors and watching the taillights in front to anticipate dangers. Pedestrians and bicyclists can also appear unexpectedly, with the former sometimes darting out where there is no crosswalk and the latter pulling up into blind spots. Drivers should also watch out for cars pulling out of driveways, alleyways and parking garages. Also, sticking to familiar routes whenever possible is encouraged. Sharing the...

22 August

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Nationwide provides safe driving tips

Posted by orincohenlaw

in Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law New York drivers who want to reduce their chances of being in an accident will want to remember a few safety tips. While operating a vehicle, it's important to focus on driving, drive defensively, plan ahead, and never neglect established safety practices. These practices include wearing a seat belt, securing any cargo that will move around and having items like garage passes within easy reach. When drivers plan ahead, they should leave some time for food and rest breaks. Before they head out, they should adjust their seat, mirrors and climate setting. Drivers are encouraged to...

20 August

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When people are injured working at a home

Posted by orincohenlaw

in Premises Liability

On behalf of Orin Cohen of Orin J. Cohen Law When people in New York are injured in an incident on someone else's property, they may wonder who is liable for the resulting damages. This is especially true when it was the other party's negligence that led to the injuries in the first place. One issue that can arise from time to time is the potential for injury to a person who was hired by a homeowner to perform work on the property. This could be someone hired to babysit, mow the lawn, clean the gutters, take care of the house or otherwise handle...

16 August

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How drivers can avoid distracted driving accidents

Posted by orincohenlaw

in Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law All drivers who share the roads in New York are at risk for becoming involved in car accidents, especially on streets that are particularly crowded and busy. However, there are some behaviors that drivers can learn to help them prevent a car accident. One of the easiest ways a person can be involved in a car accident is to become distracted and take his or her eyes off the road. When a person's eyes are not on the road in front of him or her, that person may not be able to react to the other vehicles...

16 August

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Automated driving systems can miss roadway dangers

Posted by orincohenlaw

in Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law While electronic safety systems introduced into modern cars may give some New York drivers peace of mind, flaws in these systems can also cause risks to drivers and others on the roadway. For example, the technology in these cars may be unable to sense stopped vehicles. If drivers don't keep their own eyes and attention on the roads, they could be steered too easily into a dangerous car accident. In a paper released by the Insurance Institute for Highway Safety, researchers detailed their tests of five safety systems in cars by Tesla, Mercedes, BMW and...

08 August

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Brain injuries are some of the worst car crash injuries possible

Posted by orincohenlaw

in Injuries

On behalf of Orin Cohen of Orin J. Cohen Law Ideally, you would never have to worry about the consequences of a motor vehicle collision. If you are a safe driver, you may think your risk is relatively low. Sadly, a lot of the risk on the roads comes from other drivers and their poor decision-making. No matter how carefully you drive or how safe your vehicle is, all it takes is one person texting or driving while drunk to leave you in a terrible position. There are several different kinds of injuries that people can suffer in crashes, ranging from broken bones to spinal cord injuries....

08 August

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Newly licensed teen drivers face many risks

Posted by orincohenlaw

in Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law Teens are eight times more likely to get in a crash or near-miss collision in their first three months as licensed drivers than in the preceding three months. This is the conclusion of a study conducted by the National Institutes for Health. The NIH has also stated that car crashes are the leading cause of death for those aged 14 to 19, so teens and parents in New York will want to know more about this study. The research involved 90 teen and 131 parent participants from Virginia. Through dashcams and software that recorded data...

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