Levine & Slavit - Blog

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Former Professional Football Player Brings Medical Malpractice Suit for Improper Attention to Head Injury

The sports pages continue to be filled with articles about athletes who suffer concussions and other head injuries. A hot topic this week is the National Hockey League’s consideration of imposing a rule effective this season – as opposed to next season) – to prohibit shots to players’ heads from behind or blindside (considering that [...]

Posted on 03/20/2010 23:17:35

An Extreme, If Not Perfect, Storm This Past Weekend: Anyone Liable?

Amongst the most compelling aspects of this weekend’s historically strong storm is the number of fatalities that resulted from falling trees. Six people were reported to have been killed as a result of the storm that knocked down hundreds of trees in the New York City area. Any attempt to sue the owner of the [...]

Posted on 03/16/2010 13:31:38

More McDonald’s Cases for the Late Night Comics?

At first it was coffee. Now it’s chicken sandwiches and cancer. Perhaps the greatest propaganda tool for the insurance industry in its self-serving campaign against supposedly frivolous lawsuits is the so-called “McDonald’s Case” where the plaintiff sued for spilling hot coffee on herself. Never mind the hundreds and hundreds of prior complaints against the coffee [...]

Posted on 03/13/2010 23:20:10

Criminal Charges Against Individuals and Corporations Shed Light on Cause of 2008 Crane Collapse in Manhattan

On March 8, 2010, two individuals and two corporations were indicted on criminally negligent homicide, manslaughter and other charges related to the May 30, 2008 crane collapse in New York City that killed two people and seriously injured a third.  The indictment describes the callous indifference to safety by the defendants who decided, in an effort [...]

Posted on 03/11/2010 00:32:48

Is It Acceptable That No Sprinklers Were Required in Long Island Elementary Schools Destroyed By Fire?

Last month there were two fires in Long Island schools.  Just days before there was a fire in Riverhead Charter School, South Bay Elementary School in West Babylon was destroyed by fire, forcing relocation of its classes to a nearby church. The school was built in the early 1950s. Fire sprinklers were not required at [...]

Posted on 03/06/2010 21:19:24

What a Maroon! Man in Crowded Train Station Loudly Speaks His Name, Social Security Number and Date of Birth into Payphone

There I was in the train station, reading the newspaper while waiting for my train, when I heard a man in a loud voice say “Representative”. I turned to see a man using a pay phone and empathized with his plight to get a live person on the other end of the line. But then [...]

Posted on 03/04/2010 05:03:57

More Stringent Requirements for Carbon Monoxide Detectors In Effect in New York State

On July 30, 2002 legislation requiring the installation of carbon monoxide detectors in all new residential construction in New York was signed into law. The law required new construction to contain at least one carbon monoxide detector. But spurred by the tragic death of Amanda Hansen, a 16-year-old West Seneca, NY girl who died January [...]

Posted on 02/28/2010 14:54:33

Levine & Slavit on the Front Page of Today’s New York Law Journal

One of our negligent security cases, Benson v. Monte Carlo, LLC, (Nassau County, Supreme Court Index # 016489/2007) made the front page of today’s New York Law Journal.  We successfully opposed the defendant’s motion for summary judgment, and an article appears in the newspaper discussing the decision of Hon. Thomas Feinman, dated February 23, 2010, [...]

Posted on 02/26/2010 19:04:04

Pediatricians Urge The Extension of Choking Prevention Strategies from Toys to Food

When considering the risk of young children choking, thoughts tend to center more upon toys than upon food.   But that can cause the risk of choking on food to be overlooked.  Statistics currently on the website of the Centers for Disease Control state that in 2000, 160 children ages 14 years or younger died from [...]

Posted on 02/23/2010 14:27:41

Injured Child Cannot Recover from Foster Parent on Claim Based Upon Negligent Supervision

It is a long-standing rule in New York that a child does not have a legally cognizable claim for damages against his parent for negligent supervision.  A major impact of this rule upon personal injury practice is that it precludes a defendant in a case brought on behalf of a minor from bringing a claim [...]

Posted on 02/19/2010 15:05:13