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If you’ve been in an accident in Queens, New York, you’re going to need the best legal support you can get. Accidents, and claims for accidents, are both numerous in this busy borough. A skilled accident lawyer in Queens is your best chance at coming out victorious after an unfortunate event. Today we will be taking a detailed look at how you can legally navigate various types of accidents effectively.
What’s an “Accident” According to NY State Law?
In the state of New York, an "accident" is defined as any incident where unintended harm or damage occurs. It must be understood that the legal definition of an "accident" and what is accounted for as one can vary depending on the context—whether it’s regarding workers' compensation, a personal injury, or even motor vehicle accidents.
Motor Vehicle Accidents
- What Are They – A Motor Vehicle Accident is any incident involving a vehicle that results in the injury or death of a person, or property damage.
- Some Examples – Examples are collisions between vehicles, hitting a pedestrian with a vehicle, and single-vehicle crashes due to poor road conditions, or a vehicle defect.
- The NY No-Fault Law – New York is a no-fault state. This means that each driver’s insurance covers their own damages, regardless of who caused the accident, up to certain limits.
Workplace Accidents
- What Are They – A workplace accident is any incident that occurs within the place of employment that has caused an injury or illness.
- Some Examples – These accidents could include slip and falls, machinery related accidents, repetitive strain injuries, exposure to harmful substances. Depending on the circumstances, accidents occurring while traveling for work are also counted.
- Workers' Compensation for Workplace Accidents – According to NY state law, employees injured in workplace accidents are generally entitled to workers' compensation benefits regardless of fault.
Premises Liability Accidents
- What Are They – Premises Liability Accidents are classified as accidents that occur on someone else’s property due to unsafe conditions.
- Some Examples – Slip and falls due to wet floors, trips over uneven surfaces, falling objects, inadequate security leading to assaults, or dog bites.
- Liability of the Owner – Owners of the property where the accident occurred can be held liable if they failed to maintain a safe environment.
Construction Accidents
- What Are They – Specific to the construction industry, where workers are exposed to high-risk environments.
- Some Examples – Falls from heights, scaffold collapses, electrocution, or being struck by falling objects.
- Labor Law Protections – Certain New York Labor Laws, such as Section 240 (the "Scaffold Law"), impose strict liability on employers and property owners for certain types of construction accidents.
Medical Malpractice
- What Are They – Medical malpractice is any harm that occurs to a patient due to the negligence of a healthcare professional.
- Some Examples – These could be surgical errors, misdiagnosis of your ailment, medication errors, or birth injuries.
- Legal Recourse – Victims of medical malpractice can file a claim for damages resulting from the malpractice.
Product Liability Accidents
- What Are They – Product liability accidents are Injuries or accidents caused by defective or dangerous products.
- Some Examples – Malfunctioning machinery, toxic chemicals, defective consumer products like electronics or toys, or contaminated food.
- Liability for the Accident – If a product malfunctions or is defective, its manufacturers, distributors, and retailers can be held responsible for damages caused.
Public Transportation Accidents
- What Are They – Accidents that occur while using or involving public transportation vehicles such as buses, trains, or taxis are classified as public transportation accidents.
- Some Examples – Bus crashes, train derailments, or accidents involving subways are a few examples.
- Liability for Accident – The victim involved can make claims against the public transportation authority or the operator.
Recreational and Sports Accidents
- What Are They – Recreational accidents are Injuries sustained during recreational activities or sports.
- Some Examples – Accidents such as boating accidents, injuries at amusement parks, or sports-related injuries like concussions.
- Assumption of Risk – In these cases, some injuries may not result in liability if the participant already knew or acknowledged the inherent risks of the activity.
Wrongful Deaths
- What Are They – Deaths that results from the negligence or misconduct of another are considered wrongful deaths.
- Some Examples – Fatal car crashes, medical malpractice leading to death, or workplace accidents resulting in death.
- Wrongful Death Claim – The family of the deceased may pursue a wrongful death claim.
Assaults and Intentional Torts
- What Are They – These accidents are situations where an individual is intentionally harmed by another.
- Some Examples – Experiencing physical assaults, battery, or other intentional acts of violence are considered intentional torts and assaults.
- Liability for Assault – Once the perpetrator is identified and their intentions are made clear, they can be sued for damages. In some cases, a third party may also be held liable (e.g., a bar over-serving an intoxicated patron).
In New York, each type of accident has specific laws and regulations to define them, and also potential legal remedies. The key factor to help determine whether the accident was a result of neglect is often to establish whether the harm was foreseeable, and whether reasonable steps were taken to prevent it.
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