NEGLIGENCE: WHEN A BLIND EYE ELICITS AN EMERGENCY

Wittenstein & Wittenstein knows from extensive legal experience that life-changing injuries can happen in a split second.

Jane lives in an apartment where steam heat pipes are used to warm the building in the winter. These pipes are placed in every room of the apartment in lieu of regular radiators. However, this type of steam heat piping – which can reach scalding temperatures and cannot be controlled by the tenants – is often left uncovered by property managers. On this particular morning, Jane stepped out of the shower and put on a towel just like she does every day. But this time she had the misfortune of grazing her arm against the pipe as she wrapped the towel around her to dry off, and the pipe instantaneously left a large second-degree burn near her elbow that is both disfiguring and painful, so much so that the range of motion in her arm is limited until it heals. But still after it heals, it will scar, leaving behind an ugly blemish that will last the rest of her life. And she realizes that no, the property manager did not push her into the pipe, nor did he intentionally hold Jane’s arm against it. However, the property manager is still at fault for neglecting to do his job by preventing these kinds of horrible and completely avoidable accidents from happening. This pipe needed only to have an inexpensive protective cover to have saved Jane from suffering.

And this is only a mild example of the kinds of neglect that cause serious harm to people. If you believe you or someone you love has incurred an injury as a result of someone else’s negligence, you may be entitled to compensation, and Wittenstein & Wittenstein wants to come to the rescue. While we do regret your loss, we also hope you will call us at 718-261-8114 to find out what your options are and figure out the best next step in seeking justice.

Have you or someone you loved been the victim of a dog bite? A Wittenstein and Wittenstein attorney may be your best legal defense. We are committed to providing our clients with warm, personalized service. Let us represent you.

Bites inflicted on people by dogs or other domesticated animals are alarmingly common.
According to the Dog Bite Law Center, there are approximately “800,000 bites per year” in the United States that require medical treatment. Unfortunately, many of the victims of these attacks are vulnerable, such as young children, who “comprise 60% of dog bite victims in the U.S.”

  • According to the laws currently on the books, New York State “imposes strict liability for a bite victim’s medical bills.” However, New York has what’s referred to as a “one bite rule”, which protects a dog owner or keeper from being legally apprehended (forced to pay a fine or possibly do jail time), if they can prove that they were genuinely unaware that their dog was vicious.
  • If the owner or keeper was indeed cognizant of the dog’s feral tendencies and did nothing to keep it from attacking other people or animals (such as putting it on a leash), then the owner or keeper can be charged with negligence.
  • There are certain breeds of dogs that are more likely to attack and even kill people or other animals. In a nationwide study that started in September 1982 and concluded in November 2006, Merritt Clifton, the editor for “Animal People” revealed that Pit bulls, Doberman Pinchers, Rottweilers, German Shepherds and other such breeds were responsible for most dog biting/attack incidents.
  • The Center for Disease Control and Prevention (CDC) found that of the 238 people killed by dogs between 1979 and 1998, Pitbulls (or variations of that breed) were responsible for 76 deaths. Even today, Pitbulls are frequently in the news for attacks on people (especially young children).
  • It isn’t so uncommon for dogs that are considered “mild tempered” to revert to wild animal behavior. In October 2000, a newborn was mauled to death by a pet Pomeranian, which, despite its diminutive size, had been trained as the family’s watchdog.

If a person slips and falls while outside somebody else’s property, the property owner or landlord can be held legally accountable. Have you been injured in a fall? Let us at Wittenstein and Wittenstein help you.

There are many different circumstances that can bring about a slip or fall. Below are just a few possibilities:

  • Inclement weather: Snow, hail, ice or even rain can cause a person to lose their balance and hurt themselves.
  • Poor Conditions: Potholes in the pavement, sidewalks/roads that are jagged, or otherwise uneven.
  • Construction: If you slip and fall in an area that is under construction, you may be entitled to compensation for any injuries sustained.
  • If your accident occurs on property that is government maintained (such as a flight of stairs leading to the subway) you may be able to sue for damages.

The sooner you call Wittenstein and Wittenstein after a slip or fall, the better. Let our experienced team of lawyers help you build up your case and get the justice you deserve.

Most Americans spend a fair amount of their lives working. We are a nation of people dedicated to careers and our productivity. So what happens when you are injured in the workplace? Don’t you deserve compensation for your loss, especially when it occurred while you were in the service of your employers? Of course you do, and Wittenstein & Wittenstein wants to make sure that can happen.

Workers’ Compensation is a program that ensures you will receive the medical attention you need if you incur a loss on the job. It also helps make sure you receive remuneration for the paychecks you missed while rehabilitating. Barring any delays or changes as a result of a dispute, your employer is responsible for paying these fees. With workers’ compensation, there is no sliding scale based on who is most at fault; rather, every case is treated equally. The only exception to this is when an employee has an accident that is a direct result of intoxication or substance abuse. Construction workers who fall from certain heights are unfortunately also excluded from workers’ compensation.

According to the New York State Workers’ Compensation Board, you should take the following steps if you are injured in the workplace:

  • Get the necessary medical treatment immediately, whether it is a first aid kit or a trip to the emergency room. Make sure whoever treats you at a facility is authorized by the Workers’ Compensation Board.
  • Notify your supervisor about the injury as soon as possible. Be sure to give as much detail as possible. If you fail to do so in writing within 30 days of the date of accident, you may lose the right to workers’ compensation.
  • If you are seeking workers’ compensation for an occupational disease, notification should be given within two years of the disablement or within two years after you knew or should have known that your affliction is work-related. The start date is determined by whichever comes later.
  • File your claim via Form C-3 within two years of the date of injury or date of discovery and mail it to your nearest Workers’ Compensation Board. This is especially important if you have lost time at work.
  • Follow your care provider’s instructions and attend an Independent Medical Examination (IME) if you are required to do so.
  • Return to work as soon as you are able.
  • Make sure to attend any and all hearings when you are notified to appear.

Wittenstein & Wittenstein wants to make absolutely certain you are fully compensated for your loss. If you believe you may have a case, please contact us at 718-261-8114 or law@wittenstein.com, and we can help you determine your options and take the next step.