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liability Tag

Staten Island NY Personal Injury Lawyer > Posts tagged "liability"

Practitioners in Personal Injury Cases Continue to Face a Difficult Practical Choice When Dealing With Social Service Agencies

The U.S. Supreme Court seldom issues rulings that broadly affect state law in personal injury cases. But, one area in which it has done so in recent years has been the enforceability and collectability of Medicaid liens against personal injury recoveries. In two significant decision, Department of Social Services v. Ahlborn, 547 U.S. 268 (2006), and Wos v. E.M.A., 568 U.S. 627 (2013), the U.S. Supreme Court established that, if a personal injury plaintiff recovers only a small fraction of the value of his or her injuries in a lawsuit—due, for instance, to limited insurance coverage or difficulties proving liability—a Medicaid lien...

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Proposal Would Allow Pothole Damage Claims Year-round

Some New York lawmakers are pushing a bill that would require the state to reimburse drivers for pothole-related repairs all year-round. Currently in New York, who is responsible for car damage from potholes depends on the time of the year. If it’s between November and May, when most potholes form, you cannot file a claim. Some state legislators are proposing a bill that would change that. One version of the legislation would create a reporting system that gives the state 14 days to fix the pothole – otherwise it would have to start paying claims. AAA New York says something needs to change...

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Lawsuit Alleges Airlines Overserved Passenger Who Raped Woman on Flight

A woman who said she was sexually assaulted by another passenger onboard an overnight American Airlines flight last year has sued the carrier in federal court. The complaint, filed Wednesday by Colorado resident Aubrey Lane, alleges American failed in its duty to protect her and other passengers by allowing a visibly drunk man to board a June 16, 2017 redeye flight from  Phoenix to New York, and continuing to serve him as many as six alcoholic drinks. The man, whose identity hasn’t been publicly disclosed, was seated next to Lane and harassed her throughout the flight, according to Lane and another passenger...

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507 People Sick After Eating McDonald’s Salad

Federal health officials say they've confirmed more than 500 cases of people who became sick with an intestinal illness after eating McDonald's salads. The illnesses reported earlier this year are linked to the cyclospora parasite, which can cause diarrhea, intestinal pain, nausea or fatigue. The Food and Drug Administration said Friday that 507 cases have been confirmed in 15 states and New York City. McDonald's stopped the sale of salads at 3,000 restaurants last month until it could find a different supplier. The FDA says it's still investigating the supplier of romaine lettuce and carrots. States with cases include: Iowa, Indiana, Michigan, Minnesota,...

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Should Hospitals Limit the Number of Patients Nurses Can Help?

The medical community is divided over a November ballot measure that would make Massachusetts only the second state with such staffing requirements. Voters this fall could make Massachusetts only the second state in the country to limit the number of patients that hospital nurses can help at one time. Question 1 would create legal ratios based on the type of patients that nurses are dealing with. Nurses aiding women during birth and up to two hours after, for instance, would be limited to one patient. If they're working with children, they could see four patients at once. In the psychiatric ward, nurses could...

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