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Wrongful Death

Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

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Lawmakers Seek to Compensate Emotional Loss Through Overhaul of Wrongful Death Statute

Lawmakers in New York are seeking to expand the state’s wrongful death statute to allow compensation for things like grief or loss of love and companionship in this year’s legislative session. The state’s current laws only allow individuals to seek compensation based on the amount of potential income lost from the death of a loved one, which can often place limits on litigation. “Essentially, our legal system values the life of wealthy individuals more than a child or a senior, or a person with a disability," State Sen. Brad Hoylman said. By Dan M. Clark [Law] ...

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Establishing a Private Right of Action in Personal Injury Cases

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

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How Airbags Work, And How They Can Fail

Millions of the safety devices have turned deadly. It's been a brutal year for motorists and for an industry safeguard that was, until now, seen as an unmitigated lifesaver. Last spring, several automakers began recalling vehicles because their airbag supplier, Takata Corp., had shipped bags with botched inflators. It turns out the inflators can send shrapnel spewing through a cabin with such force that they leave victims with what police have said look like gunshot and stab wounds. (In one case, cops actually started a homicide investigation.) Global giants like Honda, Toyota, Nissan, Ford, Mazda, BMW, Subaru, and Pontiac were forced to recall 19...

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NYCOSH Construction Fatality Report, “DEADLY SKYLINE,” Released, Reveals Increasing Trend in New York State Construction Fatalities

A New Report Shows Construction In New York State Remains ‘Highly Dangerous’ Despite Attempts At Improving Safety Construction Fatalities In New York City Decreasing Despite Overall Statewide Increase In Construction-Related Fatalities The New York Committee for Occupational Safety and Health (NYCOSH) released its latest construction fatality report, “Deadly Skyline: An Annual Report on Construction Fatalities in New York State,” outlining just how dangerous construction remains in New York State. Deemed “highly dangerous,” researchers found increasing trends in New York State construction fatalities and that employers routinely violate legal regulations with impunity. The report also found that while New York State is seeing an...

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Man Crushed and Killed When Elevator in NYC Building Suddenly Falls

A man was crushed to death by a malfunctioning elevator at a Manhattan luxury high-rise rental building Thursday morning, authorities and law enforcement sources said. The freak incident occurred just before 8:30 a.m. at the 23-story building, called Manhattan Promenade, at 344 Third Ave. near East 26th Street in Kips Bay. FDNY Deputy Chief Anthony Arpaia told reporters that the victim was exiting the elevator — occupied by seven people — at the lobby level when the car suddenly dropped toward the basement, causing him to become stuck between the elevator car and the shaft wall on the first floor. One person safely...

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Police Across US to Crack Down on Impaired Driving Through Labor Day

About 30,000 police officers will be out on the roads around the country through the Labor Day weekend to crack down on impaired driving. It's an annual effort, but this year poses potential risks to immigrants who fear getting stopped and deported. The National Highway Traffic Safety Administration announced Wednesday it will run the high-visibility enforcement campaign during what is one of the deadliest times on U.S. roads. Similar efforts have taken place in previous years, but the heightened police presence this year may increase the fear of potential deportation among some immigrants, given the strict immigration policies pursued by the Trump administration. The...

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18th NYC Cyclist to Die this Year

Another cyclist was killed on Monday while riding along a busy Brooklyn avenue. Em Samolewicz, 30, was cycling north on Third Avenue in Sunset Park, when she was struck and killed by the driver of a commercial tractor trailer heading in the same direction around 9 a.m., according to the police department. Samolewicz, of Brooklyn, was attempting to maneuver around an open door of a parked car near the intersection of 36th Street when she was hit, police said. She was taken to NYU Langone Hospital-Brooklyn, where she was pronounced dead. The 37-year-old driver of the truck remained at the scene and a police...

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Worker Killed by Falling Construction Equipment in the Bronx

A Bronx recycling center worker was killed in a freak accident Saturday, police said. The 47-year-old man was welding a piece of metal on to the front bucket of a bulldozer when the bucket fell on top of him on Exterior St. near E. 146th St. in the South Bronx at about 1:30 p.m., cops said. The man died at the scene. His heartbroken family members rushed to the scene and consoled themselves. By Ellen Moynihan and Thomas Tracy [Daily News] ...

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Boat Crash Kills 2 Women, Injures Several Others

Two women were killed in separate crashes in the water off Long Island on Sunday, officials said. An 18-year-old woman was on a Jet Ski when it crashed into a 35-foot boat around 10:30 a.m. off of Baldwin Harbor, a hamlet in Hempstead, Nassau County police said. The victim, later identified as Caitlin Rose McDonald of Rockville Center, was pronounced dead at a local hospital. Later Sunday afternoon, another woman died when two boats collided in Moriches Inlet, the U.S. Coast Guard said. Three people were aboard a 50-foot Sea Ray boat when it struck a drifting boat occupied by the woman and her...

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