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New York City Liability Defense Legal Blog

Liability waiver does not protect gym in accident

Nearly everyone in New York is likely familiar with scenarios in which their participation in an activity has been contingent on signing a liability waiver. The need for such waivers may be understandable; there are certain actions that may carry with them inherent risks, and it may only make sense that participants realize that they assume those risks themselves. Yet activity providers should understand that liability waivers may only be limited to those potential dangers that arise from participation; unforeseen hazards may leave them exposed to liability claims. 

A case recently argued in an Illinois federal court illustrates this fact. A patron of a local branch of a national chain of gyms (thus the federal court setting) had sued the company after he fell while using the bathroom at the facility. He claims that motion sensors in the bathroom shut the lights off while he was still inside a bathroom stall, and that kept him from seeing a puddle of water on the floor. Upon exiting the stall, he stepped in the water and fell. The accident left him with extensive injuries, including a concussion. 

Strict policies can ward off liability risks for security firms

By the nature of the business, security companies are in situations that can produce liability complications. When a firm takes on an account, its purpose it to protect legitimate interests from bad actors. How can a company keep its interactions with these bad actors from resulting in a lawsuit?

There are two good answers: Competent hiring practices and a clear detention policy.

Preventing accidents during the truck driver shortage

For the trucking industry, the driver shortage is not news. The shortage has been building over the past few years, and is set to double in the next few years. As this problem expands, so do the demands on the health and safety of the drivers. Trucking remains one of the most dangerous jobs out there, and given the tight labor market, recruiting new drivers has only become harder.

How can a pharmacy prevent prescription errors?

When prescription errors happen it’s easy to assume negligence or malfeasance on behalf of the pharmacy. While medication errors are a serious matter, the fact remains that most pharmacies go above and beyond to prevent them from occurring, while also ensuring their customers can receive the proper medical care. HealthMart.com explains what steps can be taken to prevent mistakes from happening.

Ensure multiple safeguards are in place

What can I do if my insurance claim is denied?

New York drivers assume their insurance coverage will kick in after an accident. However, this is not always the case. While denied claims are not common they do happen, and it’s up to the policyholder to take the proper steps to ensure their claim receives the right level of attention. The Street recommends the following information in this case, which can help you address denied claims.

The first step is to make sure you understand policy documents. For instance, if you were driving your vehicle for business purposes during an accident, your insurance may not cover what occurred. Even if coverage is available the amount of damage incurred may be over the limits of your policy. Make sure you fully understand your coverage terms and conditions before moving forward.

Supporting your defense with hourly logs

Given the devastation that a truck accident can cause, it may be understandable why so many might be quick to try and assign liability. As a motor carrier or freight transportation provider, you and your company may be the target of accusations of negligence in such situations. A common complaint offered by truck drivers after accidents is they have been worked too hard. Therefore, your company then comes under scrutiny for pushing your employees beyond their limits. Many in this position have come to us here at The Law Firm of Connors & Connors, P.C. wondering how to respond to such accusations. The ideal response lies with the driver. 

Or at least, it should. Federal law prohibits truck drivers from working past a set number of hours. According to the Federal Motor Carrier Safety Administration, these hours-of-service regulations include: 

  • Not having a trucker drive more than 11 hours after having been off duty for a period of 10
  • Not having a trucker drive beyond the 14th consecutive hour on duty
  • Hot having a trucker drive more than eight hours without taking a break
  • Not having a trucker drive more than 60/70 hours in a given eight-day work week

4 steps restaurants can take to prevent liability

Millions of people eat in restaurants each day. According to the National Restaurant Association, the industry makes around $800 billion in sales each year. Unfortunately, with the amount of people choosing to dine out, restaurant owners face several liabilities.

As a restaurant owner, make sure you are taking the following four simple steps to protect yourself from liability:

Can a trucking company owner be liable for driver's deeds?

A Pennsylvania trucking company owner remains a defendant in a lawsuit against his company after a 2015 accident.

In October, a judge ruled that Arsenberger Trucking, owner Robert Arsenberger and a driver for the company, Roman Best, remain as defendants in a case against them filed by Arthur and Joanne McMahon.

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