This is the time of year that parents take their kids shopping for school supplies and new clothes. Summer is winding down, Labor Day is approaching and kids have grown an inch or two since they were last in a classroom. Time to hit those sales at the mall.
If you ask the average law student what negligence means, you will get a fairly simple answer: the failure to do or not to do what a reasonable person would do in the same or similar circumstances. If you ask a practicing personal injury attorney what negligence means, you will probably get a question instead of an answer.
The world lost a dedicated philanthropist, conservationist and fundraiser in April. The British royal family also lost another member in a tragic accident. Mark Shand, the younger brother of Camilla, the Duchess of Cornwall, died in the hospital, just hours after he slipped and fell on a New York City sidewalk.
Every year, it seems, lawmakers in Albany try to get New York's "Scaffold Law" off the books. Supporters of the law say its strict liability rule has kept property owners and the construction industry in line: The threat of being held responsible for a worker's on-the-job injuries has been a powerful incentive for the industry not to take shortcuts, not to cut corners where safety is concerned.
We are continuing our discussion of a recent study of New York's "Scaffold Law," the state law that holds property owners and contractors strictly liable for injuries and fatal accidents at construction sites. We are the only state to have such a law, as most other states take care of workplace injuries through workers' compensation insurance.
Lawmakers in Albany are once again hearing from the construction industry about New York's Labor Law 240, the state's notorious "Scaffold Law." A new study suggests that, rather than reducing the number of construction site accidents, the law is responsible for the number of accidents being as high as it is. The study argues as well that the law costs the city $785 million every year for insurance and litigation -- $785 million that that could be put to better use.
Sometimes, when a New York business desires to make improvements to its premises, it will have construction work performed at the premises and remain in full operation while this work is being done. One thing that all businesses that opt to take this course of action should make sure to do is to take steps to ensure that the companies they hire to perform the construction work do not engage in unsafe conduct which could cause customers to suffer accidents during the course of the construction project. If a customer of a business suffers an accident as a result of construction work that is being performed on the business' premises, the business may find itself facing a premises liability lawsuit.
We are talking about a downside to Christmas shopping. Retailers often find themselves conflicted: How do we create exciting opportunities to bring lots of shoppers into the store without putting our employees or our customers in harm's way? Creating a stampede for a tablet computer special would be great, but ....
It is almost October, and that means winter is just around the corner. And who knows how long it will last? For many families, there comes a time when everyone needs a break from the cold and the sloppy streets, but warm weather holidays are often not in the budget. What is possible is an in-town getaway, a weekend at an Albany area hotel.