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Filing a personal injury lawsuit after a subway accident

From trip and fall accidents to massive derailments, subways in New York and across the U.S. can be the setting for a wide range of incidents. Those who are hurt in a subway accident may consider filing a personal injury lawsuit, in which case they will need to keep the following in mind.

One of the first steps is to determine who owns the subway: usually it is a government authority. Another factor to consider is how private trains sometimes share a station with public transit: Amtrak trains may pull into a station alongside MTA trains, for example.

Mother falls, dies while carrying stroller down subway stairs

On Jan. 28, a young mother fell to her death while trying to carry her 1-year-old baby's stroller down a stairway in a New York City subway station. The tragic accident occurred at Manhattan's Seventh Avenue station near 53rd Street.

According to media reports, the victim, a 22-year-old resident of Connecticut, was found unconscious in the subway station at approximately 8 p.m. Her baby girl was found conscious nearby. The victim's exact cause of death has yet to be determined, but the medical examiner's office is investigating the case. Her daughter was reportedly placed in the custody of her father and grandmother.

Toledo Zoo volunteer injured by orangutan

New York residents may be interested to learn that a volunteer at the Toledo Zoo was injured on Jan. 26 when she approached the feeding area of a group of orangutans. The injuries were non-life-threatening, but the incident may still give New York zoo-goers pause. Many incidents in zoos are preventable, and injuries might arise because of negligence.

The volunteer, together with two paid staff members of the Ohio zoo, was in the feeding area when a 14-year-old male orangutan reached out from its enclosure and grabbed the woman's hand. In a matter of seconds, the volunteer's thumb was bit and detached. The orangutan did not leave its enclosure at any time. Afterward, the volunteer was sent to the hospital for treatment.

Determining liability in a tour bus accident

When a group charters a bus for transportation around New York or any other state, they expect a safe trip. Unfortunately, some tour buses do get into accidents. If this happens, there are many different parties that could be held liable. The tour company itself is responsible for hiring a bus service that has a clean record. The company that provides the bus is expected to employ safe drivers and maintain reliable vehicles.

Buses are generally seen as common carriers in most states and in the eyes of the federal government. This means that they are held to high standards when it comes to the safety of passengers. Bus companies must generally prove their ability to act as common carriers when entering into a contract with a tour company. When determining liability in a case, a judge will look at whether a party took reasonable action.

Winter weather creates significant risk of personal injury

New Jersey, like most of the northeast coast, gets hit pretty hard with winter weather. Snow and ice complicate many aspects of life for residents of the Garden State during the coldest months of the year.

Not only does the low temperature impact how much you pay for heating, but it can also affect the length of your commute to work and your safety. There are many potential dangers during the winter months, and you won't have control over many of them. Knowing how to identify risk factors can keep you safe.

Settlements for dog bites average over $30,000

Many New York households include dogs that are often viewed as treasured family members. Despite the affection shown dogs by their owners, they have the potential to impose liability for injuries when they bite people. Roughly one-third of homeowner's liability insurance claims arise from dog bite injuries. The Insurance Information Institute has determined that the average settlement totaled $37,051 in 2017. Dog bit insurance claims went up by 2.2 percent that year and costs rose by over 11 percent.

The organization blamed the rising costs on more severe injuries and increasing medical costs. Judgments and jury awards to victims reflected these factors. Dog owners might reduce their risks of personal injury claims by training their dogs with positive methods and always supervising them around children. Dogs should not be allowed to access areas where deliveries are being made. Postal workers suffered over 6,000 dog bites in 2017.

Wrongful death lawsuit blames resort for lack of Spanish signs

International visitors flock to tourist attractions in New York every day. A recent lawsuit filed by a Guatemalan family highlights the issue of tourist venues providing safety warnings to people in languages other than English. Universal Orlando Resort is the target of a lawsuit that assigns liability for a man's heart attack to the resort operator because it failed to display warning signs in Spanish.

The 38-year-old man died of a heart attack shortly after experiencing the "Skull Island: Reign of Kong" ride. The ride relies on 3D screens and animatronics to create the environment from the King Kong movies. Passengers ride in a truck that tilts, accelerates and moves suddenly. Displayed signs, which were in English and included pictures, urged people with heart problems and other conditions not to use the ride.

Bus driver charged in fatal crash

A 50-year-old New York bus driver is facing charges of homicide by motor vehicle after the private charter bus he was driving crashed in Northeast Pennsylvania. The man was accused of driving under the influence at the time. The bus was carrying Cornell University alumni and students on a trip from Ithaca to New York City on Oct. 14, 2018. As the bus traveled through Pennsylvania in Lackawanna County, it suddenly veered off the road before crashing in nearby woods.

The bus crash took place on State Route 380 in Pennsylvania's Covington Township. One 33-year-old woman, a 2017 Cornell graduate, was killed in the accident. A number of other people were injured, taken to multiple hospitals in the Moscow area of the state. On Dec. 27, over two months after the crash, the driver was charged with vehicular homicide and DUI as well as aggravated assault by vehicle while driving under the influence, 12 counts of aggravated assault by vehicle, driving under the influence of a controlled substance, involuntary manslaughter, reckless endangerment and traffic violations. The driver is being held by in Lackawanna County Jail on a $400,000 bail order.

The definition of property negligence

Property owners in New York are supposed to maintain a safe environment for their employees, their customers and other lawful entrants. The failure to do so is called property negligence, and it could range from the failure to uphold reasonable standards for care and upkeep to the failure to address hazardous conditions. Owners may be guilty of negligence if they do not meet building codes, public safety laws and generally accepted business practices.

One of the deciding factors in a negligence case is whether the owner failed to act in a way that a reasonable person would have acted in the same circumstances. For example, if reasonable drivers get a brake inspection every year, one who does not may be accused of negligence. If reasonable property owners consult local laws on the appropriate pitch for stairs, one who builds them steep or narrow is negligent.

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