INJURY LAW BLOG

Overview

It is uncommon, but people can be hurt in police custody. People can suffer injuries:

• On the street after being taken into custody.
• In a police vehicle.
• On police premises.

Those injuries may be sustained because of:

• A simple accident - whether avoidable or not.
• Your own actions - whether accidental or not.
• Unlawful police action.

No matter how someone is injured, it is essential to know the law to decide if you have a case and, if so, what you should do. In this article we will focus on unlawful police action. Unlawful action resulting in injury violates a person's Constitutional rights.

The United States Department of Justice says: The Department "vigorously investigates and, where the evidence permits, prosecutes allegations of Constitutional violations by law enforcement officers. The Department's investigations most often involve alleged uses of excessive force."

Your Status at the Time of the Injury

Your status is critical. If you are under arrest or have been detained by an officer, or if you are in jail but not convicted of a crime, then it must be shown that the officer used excessive force. "Excessive force" means the officer used more force than was reasonably necessary either to protect that officer or others, or to restrain the injured party. It is an objective standard, not something that relies on an officer's personal opinion. Reasonableness is what a judge decides how a reasonable officer at the time would act. It may be assumed that a "reasonable officer" would follow police procedures and adhere to police standards. A reasonable officer would:

• Know the standards.
• Have been trained to work to those standards.
• Know how to apply them in any given situation.

It is not for nothing that NYC police vehicles have on their doors, "Courtesy Professionalism Respect."

What You Should Do

Both the officer and the Department may be liable in a civil or criminal case. A civil case can result in financial compensation and restitution for constitutional rights being violated, physical injury, psychological trauma, loss of income, and other direct results of the injuries. Payment depends on the specific circumstances of the case as a whole. If the officer is convicted of using excessive force, then punitive damages may be awarded.

Winning any case, and especially a case against a police officer, takes expert knowledge of both the law and the best way to pursue the case in a court action. If you have been hurt and want advice on what to do and how to proceed, please click this link to contact us for a free initial consultation.

Do’s and Don’t When Getting Pulled Over

You often hear the stories friends tell about getting pulled over or maybe it was you telling the story. Many people have a general idea of what to do when they get pulled over by an officer, but they don't know what exactly to do. It's similar to as a child you had a general idea of how to drive but you don't know completely until someone teaches it to you. Here are the do's and don't of getting pulled over by an officer:.

DO: Acknowledge The Officer And Pull Over

No matter how tempting it may seem, ignoring the officer will put you in a precarious situation and can quickly escalate the situation. Turn on your emergency lights and pull over to a safe area. Compliance will provide a good image and this is beneficial to you.

DON'T: Panic

It's common to feel nervous about getting pulled over, but you shouldn't panic. Take deep and slow breaths. Unless you've done something out-rightly criminal, you have nothing to worry about. At most, you'll have to pay a fine and your insurance may go up a bit.

DO: Say "Sorry"

Cops are people too and sometimes they may write you off with only a warning if you are courteous enough. They aren't out to get you like they are commonly misconstrued.

DON'T: Expedite the Process

Don't expedite the process by giving your documents before the officer asks for it. They may be prepared to simply give you a warning, but your help can secure your ticket without even giving it a chance.

DO: Be Civil

Once again, officers are human too and being civil is simply common courtesy. Also, if the officer has to give a testament or report in the court, being civil would have helped your case.

DON'T: Argue

The side of the road isn't a place to argue about a charge. Arguing is done in the court in front of a judge.

DO: Sign the Citation

A citation isn't an admittance of guilt. It simply confirms that you received the citation and agree to either 1) pay a fine or 2) appear in court.

DON'T: Act Suspicious

Don't do any unnecessary movements. Officers are just as nervous as you are. If you have a gun, some states require that you inform the officer beforehand. Officers can feel threatened if you are constantly moving or reaching under your seat. Sudden movements are highly discouraged.

The Takeaway

Don't ignore the officer and treat the officer as if they were another human, which they are. Being courteous or polite is always beneficial regardless of whether you receive a citation or not and acting civil is also advantageous to you as well. In addition, don't expedite the process and wait until the officer asks for documentation. Unnecessary and sudden movements are highly discouraged. If you find yourself in need of a legal expert or are interested in more information about legal situations, contact us.

Can You Sue the City if a Street Sign Falls on You?

The short answer is, "Yes, you can - but." There are several "buts" to be taken into account. Successfully suing New York City because a street sign falls on you depends on specifics which we will discuss. The important thing is where does the fault for the injury lie? It may be with the city itself, a city employee's actions or inactions, someone totally separate from the city, an Act of God, or even the injured party. The basic fact that determines whether you can sue the city is - who is responsible.

City Government Negligence

The city is responsible for maintaining its property. If a street sign falls and injures you because it was not installed properly or has not been properly maintained, then one could say the city bears some responsibility. Proving poor installation or improper maintenance will be a big part of a successful lawsuit.

A street sign may be, or appear to be, in overall good condition but if it causes injury, there may still be a case. Here are four hypothetical examples:

• - A sign that was either not erected properly or which has not been maintained properly falls and injures someone.
• - As part of the Vision Zero Action Plan, road work is being carried out. Construction signs are being placed at, or collected from, the side of the road. A city employee or contractor mishandles a sign, it falls from the truck and hits you. If it can be shown that the employee had not been trained properly to handle the task, had been trained but was not paying attention while performing the task, or if the truck was unsuitable for carrying the number and type of signs, there may be a case to answer.
• - A city vehicle is being driven carelessly or dangerously, and the driver collides with a street sign which falls and injures a cyclist or pedestrian. This may be an example of negligent or illegal behavior by a city employee.
• - A city police chase is in progress, but is violating police department regulations. The vehicle being chased collides with a street sign which falls and injures someone. This may also be an incident resulting from municipal regulations being violated.

In these three examples, it may be possible to prove negligence or failure to perform. In such instances it is possible to sue the city.

Two "Buts"

• It is New Year's Eve, you are out celebrating with friends. You climb onto a traffic sign, swing on it, fall off, the sign follows you down and injures you. As long as the sign was in good condition, it would be difficult to show the city or a city employee is responsible for the injury.
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• There is a storm and a state of emergency has been declared. Strong winds and lightning strikes make venturing outside dangerous. You go out and are struck by a flying street sign. The city would say you have some responsibility for your own safety and venturing out was irresponsible, therefore the injury was caused by your actions plus a random accident caused by an act of God.

In these examples it would be difficult to prove the city bore responsibility for the injuries.

The Takeaway

New York City has responsibilities. To prove a case it is important to show that the city had a duty of care to the injured party, and it failed. If you have been injured by a street sign, or in any other way that may involve NYC's failure to perform, please click this link to contact us, so we can arrange a free consultation.

Using the information held in an Event Data Recorder (EDR) in a legal matter can improve the strength of your case. EDRs can be used in both criminal and civil cases. If you are the injured party in a traffic accident or you believe you have been wrongly charged with a driving offense, you may be able to strengthen your case with the correct interpretation of the data. Let us begin by explaining what an EDR is.

What is an Event Data Recorder?

An EDR is a device installed in automobiles which acts as a sort of "black box" as used in aircraft. According to The National Academies Press: Sciences Engineering Medicine, it records the operation and status of a vehicle in the seconds before an accident. Both the police and a private party (your attorney acting on your instruction) may obtain data held in the EDR as part of the "discovery" phase of a legal case.

EDRs were first installed in vehicles by General Motors back in 1990, so they are an established engineering product. In addition, American courts have accepted that they carry relevant information that may be explained by a suitable expert to help a jury understand what the vehicle was doing at the time. The objective data in the EDR may contradict what an eyewitness or other observer believes they saw.

How Can an EDR Improve Your Case?

Court cases are heard by a judge and, when appropriate, by a jury. They listen to evidence, for example, based on information "discovered," from witnesses, and the opinion of experts. Objective evidence carries weight because it is not affected by a person's memory or what someone perceives happened. EDR data can improve a case because:

• It is collected electronically, so is objective.
• The Federal Rules of Evidence rule (FRE 1001) state that data may be held electronically, so it can be used to support a case.
• Courts have established that EDR data may be "relevant and usable" in a case.
• EDR data has passed third-party tests for accuracy, and results have been accepted by appropriately qualified experts.
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The Takeaway

Cases are decided by evidence being heard and believed. EDR data is gathered objectively, has been proven to be reliable, and does not fade with time in the way a witness's memory may fade. Each EDR device's accuracy can be explained by an expert witness. Taking these into account strongly suggests that an EDR can improve a case. If you have been involved in an automobile accident, or if you believe you have been wrongly charged with a traffic offense and would like expert representation, please click this link to contact us, so we can arrange a free, initial consultation.

Introductory Comments

To put it bluntly - it all depends on the what, why, how, and where of the injury. Determining responsibility for injury in a college dormitory can be both complex and subtle, so it is always wise to consult a personal injury law firm as soon as possible. It is also worth doing some research beforehand.

Prospective students should know how seriously the college takes student safety. Does the college, for example:

• - Have its own law enforcement officers?
• - Encourage students to voice concerns about potential dangers or safety issues?
• - Have a prompt and comfortable communication system so students know their concerns will be addressed positively?
• - Have a successful system for handling accidents and injuries?
• - Have an anti-hazing policy?
• - Have an effective cleaning and property maintenance system in place
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High profile law enforcement patrols can deter potential attacks that would otherwise cause injury, and an effective injury-response system may reduce the effects of injury. Well-maintained dormitory buildings are less likely to be illegally entered and students attacked. Colleges with a "conscientious" approach to preventing and minimizing accident and injury may be less liable than one which has a casual attitude toward student safety.

General and Personal Responsibilities

The New York Court of Appeals publication (Records and Briefs:67 NY2D 271 p85) says that with regard to state-operated college dormitories, the state is acting as a landlord and, therefore, carries some liability if an injury is proximate (directly linked) to proven negligence by the college. This implies that colleges have a responsibility to provide a safe environment in which to live. Individuals, however, also have a responsibility not to indulge in potentially dangerous acts.

A student who gets drunk, for example, and then hurts themselves doing something they wouldn't, had they been sober are likely to find it more difficult to shift responsibility for the injury to the college. On the other hand, a student who falls in a dormitory with a dangerous stairwell that has been reported but not cordoned off or repaired will have a stronger case against the authorities.

Summary Comments

Responsibility for accidents in a college dormitory may fall partly or wholly on all parties. The college does have a responsibility to provide a safe dormitory environment: dangerous real estate, broken or dangerous kitchen equipment or furniture imply some college responsibility. Knowingly using dangerous equipment after it had been put out of general use, may shift some responsibility to the individual suffering injury.

Limiting security presence or not securely maintaining external doors leans towards college responsibility, but getting injured during non-college sanctioned activities such as hazing or consuming alcohol leans back to student responsibility.

In any case of personal injury, it is always sensible to consult a legal expert who specializes in personal injury cases, so the matter can be addressed in detail and within the parameters of New York law. To this end, if you would like to seek advice, please just click this link to contact us.