In all the media discussions about nursing home abuse in New York and elsewhere in the United States, the conversation generally focuses on staff and how individuals treat the residents. However, the environment of the facility involves more than the ambience.
A person can slip or trip and fall anywhere in New York, but many have this type of accident in the very place where their health should be improving: the hospital. According to the Institute for Healthcare Improvement, not only are falls among the most serious and common adverse events in hospitals, they are also preventable. Due to the huge impact these injuries have, much research has gone into developing procedures for avoiding them.
Most parents in New York are probably familiar with the forms that they must sign in order for their children to participate in sports or play at a variety of different parks and gyms. These typically state that the company or organization is not liable for any injuries that occur while participating or using equipment or facilities. As The New York Times points out, a close examination of the indemnification clause may lead to some anxiety for the signer. It may appear as if the waiver prevents any lawsuit in the event of an injury. Indeed, parents who sue may face a significant challenge.
People in New York who have mobility issues should not have to miss out on opportunities and experiences because of obstacles such as steps that prevent them from access. The U.S. Access Board notes that the Americans with Disabilities Act requires companies, organizations and municipalities to create ramps to allow those who cannot safely take a step up or down safe entry or approach. Without attention to certain details, though, the ramp could be just as hazardous as stairs or a curb might be.
As a New York business owner, you have to keep your eyes open for possible liability issues. Keeping your business safe for employees and customers is important to avoid legal issues. At Bendall & Mednick, we see many cases where an oversight by a business owner has led to customer injuries. In order to avoid such situations, you need to be aware of the aspects of premises liability.
If you have children, you probably baby-proofed your home and continue to make adjustments to your house and property as your children grow to keep them safe. What if there is something on your property that could injure a neighborhood child? There is an aspect of law called attractive nuisance doctrine, which may hold you and other Schenectady residents liable for failing to take measures to prevent a known risk from injuring a child who comes onto private property.
As the weather gets colder, businesses in Schenectady and across the state of New York will be preparing to keep customers safe from slipping in snowy, icy and wet conditions. They might repair potholes, stock up on de-icing salt and find out which local snow plows are ready for business. However, it is not only slips and falls that store owners and apartment managers need to worry about, when it comes to their parking lots and walking surfaces. You might also face hazards from trash that has not been properly disposed of.
Whether you live in a multi-story apartment building, shop at a large mall or work in an office high rise, you probably use an elevator once in a while. You might take one on a regular basis. Elevators are convenient, but at Bendall & Mednick, we understand how they may pose a danger to Schenectady residents.
Many people in Schenectady and elsewhere don’t think twice about providing alcohol to someone under the legal drinking age. After all, everyone does it, right? Are the consequences really that serious for hosting a party for teenagers or buying them alcohol?
New York Law Journal, May 19, 1999
Copyright 1999 New York Law Publishing Company