Even if you haven't yet personally experienced an incident that would necessitate a product liability/personal injury case, knowing all there is to know about the particulars of such cases beforehand can be a critical lifesaver. The following are some of the most important factors to keep in mind when it comes to personal injury and product liability cases in general.
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:
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.
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.
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.
Minor or severe accidents can happen anywhere. They could happen driving down the freeway or walking in to work. If an accident happens to you, you might begin to consider retaining the services of a lawyer. This is especially the case if the accident has resulted in injuries.
Personal injuries are painful and traumatic in their own right. The last thing a plaintiff needs or wants is for the judge to declare a mistrial and for everything to go back to Square One. Before we look at how mistrials can occur in personal injury cases, let us define the term "mistrial."
The amount of compensation produced by a personal injury case varies based on a number of factors such as the nature of the accident, the damages occurred during the accident, and whose fault the accident was.
The decision to file a wrongful death or personal injury lawsuit can be a difficult one to make. You may worry about the time and expense involved, the personal scrutiny you may encounter, or the emotional toll it may take. It's natural to want to spend some time weighing your options and seeking professional advice, but be mindful that a statute of limitations often applies. Don't miss out on your day in court by waiting too long to file.
Nobody wants to think about themselves or a loved one experiencing a preventable injury or death. But the fact remains that preventable injuries and deaths occur frequently, with over 47.2 million injuries and 169,000 deaths occurring in the United States alone each year.