Smiley & Smiley, LLP

November 2015 Archives

Pedestrian deaths in motor vehicle accidents on the rise

There has been a bad streak of fatal traffic accidents in New York City over the past several weeks. Since Halloween, motor vehicle accidents have claimed the lives of at least 11 pedestrians in the city. On Nov. 15, the city held a rally at City Hall Park and marched to the United Nations to honor the World Day of Remembrance for Road Traffic Victims.

Medical malpractice judgment can generate a bad faith lawsuit

An insurance company generally has a duty to act in good faith with respect to paying claims on behalf of its insured customer. When a company acts in bad faith in rejecting unjustifiably a reasonable and clearly supported demand amount, it may later be sued and held responsible for the full amount of the injured person's damages, irrespective of the policy limits. These general concepts are applicable in New York and other states, and they apply to medical malpractice cases as well as other injury and damages claims.

Owner may be liable for man's serious injuries from slip and fall

Any retail business in New York may potentially be liable for a customer's injuries occurring on the company's premises. The most common way in which this happens is in slip and fall cases. Where the business invites customers onto the property, it may be held financially responsible to compensate the customer for injuries suffered due to the proprietor's negligence.

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