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Premises Liability Archives

New York City comptroller aims to prevent personal injury claims

In 2012, the story of one of Smiley & Smiley, LLP’s clients was profiled in The New York Times. This story of an individual suffering injury after being hit by falling branches in parks, streets and green spaces owned by New York City is unacceptably common. A staggering number of New Yorkers and tourists are injured or killed annually as a result of injuries sustained in Central Park accidents, accidents occurring on tree-lined streets and accidents in other NYC green spaces.

Have you or a loved one been injured at a pool this summer?

New York is once again in the midst of a hot summer. If you have kids, the whole family will probably be spending time at a pool over the next couple months. Unfortunately, these visits to public pools can sometimes end with a visit to the hospital.

Filing a claim related to injuries sustained at the gym

A particularly long and cold winter is finally over. As a result, many New Yorkers are choosing to exercise outside. However, even in the warmth of spring and heat of summer, many individuals prefer the convenience, cleanliness and variety that gyms have to offer. Gyms are relatively safe spaces and you can choose to work out at gyms in any kind of weather and at any time of the day or night.

Beware of ice falling from New York's skyscrapers

This winter has been one of the most hazardous that New York has experienced in years. Between the cold, the wind and the snow accumulation, roads have been treacherous, sidewalks have been perilous and now even standing still can cause New Yorkers to suffer harm, depending on where they choose to stand.

Shopping carts severely injure thousands of kids annually

Shopping carts are incredibly convenient. When parents are shopping with small children, they can seat their little ones inside these contraptions and shop without fear of their kids wandering off. In addition, shopping carts can help consumers immensely when they are shopping for bulky items, heavy items and more than a few small items at a time. Yet, for all the benefits of shopping carts, they pose one significant hazard.

Do gym waivers prevent you from suing for negligence?

You may have joined a gym as part of your New Year’s resolution either this year or in years past. Or perhaps you joined a gym at another time of year that inspired you to get fit. When you joined a gym, the facility almost certainly had you sign a waiver of liability. You may or may not have scrutinized this form. But if you wanted to join the gym, you likely had no choice but to sign it as it was presented to you.

Holding New York personal trainers accountable for negligence

Many New Yorkers look to personal trainers for assistance in achieving optimal levels of health and athletic performance. These professionals are often skilled, caring and dedicated people. However, not all personal trainers and gym administrators perform their duties within the reasonable standard of care expected of them by law. When gym patrons suffer injury as a result of personal trainer negligence, a personal injury attorney can help these victims navigate their legal options and help them secure any rightful compensation that they may be entitled to for harm suffered.

Wishing you safe household celebrations this year: Part II

Earlier today, we began a discussion about safety hazards that could potentially ruin your holiday celebrations and make you vulnerable to claims of premises liability. In order to keep your houseguests safe over the next week or so of celebrating, we mentioned that you must prioritize safety first when it comes to decorating and hosting.

Wishing you safe household celebrations this year: Part I

Whether it is your first time hosting a holiday celebration in your home or your 50th time, chances are you have some anxiety about keeping your guests both safe and entertained during the festivities. Stories abound in nearly every family and circle of friends about "the time when..." a favorite uncle accidentally set a fire in the kitchen or a close friend's wife hung decorations that injured someone. Liability for any injuries to your guests that result from these kinds of mishaps are most likely categorized as premises liability.

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