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New York City Liability Defense Legal Blog

What are some common prescription errors?

Even a minor error when prescribing a drug can have major consequences. Along with prescribing the wrong medication, a doctor or pharmacy might get the dosage wrong or mistake one drug for another. Medscape.com explains some of the most common prescription errors so that patients can plan an active role in their health.

Misread prescriptions

What is the attractive nuisance doctrine?

As spring arrives in New York, children start to emerge in greater numbers from their homes and resume those outdoor activities that the cold weather often prevents. With more children outside playing comes the added responsibility for property owners to see to their safety. You may go to great lengths to ensure that the children in the neighborhoods where you live or own property understand if there is anything on those properties that may be a danger to them. Often, however, your warnings may not be enough to extinguish their curiosity. 

This prompts the question of what degree of liability can be attributed to you if a child is harmed on your property. Teens and pre-teens may have the comprehension needed to understand whatever written or verbal warnings that you offer to protect them from any dangerous features of your property. Unfortunately, the same cannot be said for smaller children. They might be able to read or comprehend warning signs, or the nature of the attraction on your property may prove too enticing to them. For example, if you own construction equipment that is stored on a job site, they may not comprehend the risk that may come from playing on it (or with it). 

Understanding staged accidents and injuries

If you are a commercial truck driver in New York or if you work for a commercial transportation company, you know that other motorists may try to put the responsibility for a crash on you even when you did nothing wrong. It is important for you to know about some of the common scenarios involving staged accidents or other incidents that may result in you being improperly accused of something.

As described by Automotive Fleet magazine, one maneuver known to be implemented when staging an accident is to have a driver accelerate in front of a truck and then stop or slow down suddenly. This is done to force the truck to hit the vehicle from the rear and try to put the onus for the accident on the trucker. Another trick often used by fraudsters is to have a driver wave or otherwise signal the right of way to a trucker. Once the trucker proceeds based on the other driver's signal, that driver then runs into the truck and accuses the trucker of proceeding illegally and thereby causing the crash.

Are you liable for the actions of your drivers?

As a business owner in New York, you likely understand that you will often be viewed as being responsible for the actions of your employees. The nature of certain professions may ensure that the potential for it practitioners to cause extensive damage is limited. Yet if you work in the trucking or transportation injuries, then negligent actions on the part of your employees could potentially be catastrophic. The question then becomes in what scenarios would you be liable for it. 

According to the Cornell Law School, the legal principle of respondeat superior allows employers to be held responsible for the actions of their employees. Such third-party liability is conditional, however. Your employee must be acting within the scope of his or her employment in order for you to be liable. Indeed, the New York Supreme Court has established the test of applying to respondeat superior to a case the be when "the tortious conduct is generally foreseeable and a natural incident of the employment." 

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
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