What Juries Will Consider in a Trip and Fall Accident

Trip and fall accident

We all have a responsibility to be careful and watch where we are going. A property owner needs to show reasonable care in the maintenance of their property. Many victims suffer serious, life-altering injuries that can result in wrongful death. A trip and fall injury is a common occurrence, with thousands of claims made each year.

A property owner has an obligation to keep their property in safe condition. If proven that a property owner was negligent and should have known about the dangerous or defective condition that caused the trip and fall, you may be compensated for your injuries.

Here are a few questions you need to be aware of and answer when filing your claim. These are questions that juries will consider. This will help you know what to do in the event of a trip and fall accident.

  • Did the property owner use their common sense?
  • Was there something the property owner “should have known” was dangerous?
  • Did the property owner use reasonable care to keep the property safe?
  • Did you trip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?
  • Has any accident happened there before?
  • Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
  • If you tripped over an object someone placed or left on the ground, was there a good reason for the object to be there?
  • If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
  • Was there a safer place the object could have been located?
  • Could a barrier have been created to warn people of a potential danger?
  • Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, you may have a claim for compensation. In turn, you need to consider if your actions contributed to your accident. Consulting a trip and fall attorney will help you determine whether you should claim compensation from the property or business owner. Every trip and fall accident is unique, and it is best that you hire an experienced slip and fall attorney to handle your case

Marvin A. Cooper, P.C.

The goal of Marvin A. Cooper, P.C. is to help all our trip and fall accident clients find the justice they deserve and obtain the compensation they are entitled to for their losses and suffering. Our office will provide the advocacy that will best help you – whether through effective client counseling, providing sound legal advice, or making oral arguments in court on your behalf at the trial. For free legal consultation call (914) 357-8911 and (718) 619 4215 or email whc@cooper-law.com.

Slide | Who is Liable for Construction Site Accidents?

When construction accidents occur, determining liability can become complicated because of the large number of persons involved in a construction site project. Potential parties who may be held liable include property owners, architects and engineers, contractors and sub-contractors, etc. If you’ve been hurt in a construction accident and want to speak to an attorney, To know more, call 914-357-8911 and send mails to whc@cooper-law.com

 
construction accidents
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Rollover Truck Accidents – Causes and Liability

Rollover truck accident

Rollover Truck Accidents – Causes and Liability

Rollovers are one of the worst kinds of truck accidents. Rollover truck accidents occur when something causes a truck’s wheels to lose contact with the road. This results in the truck ending up on its side or turned completely upside down. This type of accident can cause several chain-reaction collisions, that can injure many other motorists on the road.

Causes of rollover truck accidents

Speeding: Speeding is one of the top causes of rollover truck accidents. Truck drivers often operate under tight deadlines. Most of the time, they are tempted to exceed speed limits.

Turning too quickly: When a truck driver makes an abrupt steering change to avoid other vehicles or obstacles on the road, the truck’s high center of gravity may cause it to rollover. The faster the truck turns, the higher the risks.

Improperly loaded cargos: Improperly loaded cargo can cause a truck to tip over while making turns, causing serious injuries.

Driver errors: Driver errors include driving while ill or tired, driving while distracted by using a mobile phone or driving while reaching for a drink or the radio controls.

Manufacturing defects: Many rollover truck accidents take place because of defectively manufactured parts such as tires, brake failures or problems with the steering or coupling systems.

Liability in rollover truck accidents

Truck drivers: They may be held liable if the accident occurred because of driver errors.

Manufacturers or maintenance team: They may be held liable if the tires are defective or poorly maintained.

Cargo loading company: They may be held liable if the cargo is not loaded properly.

Municipalities: They may be held responsible if dangerous road hazards cause an accident.

Injured in a rollover truck accident? Contact Marvin A. Cooper, P.C.

If you or someone you love has been injured in a rollover truck accident, you should contact the truck accident lawyers at the office of Marvin A. Cooper, P.C. Our office will provide the advocacy to best help you. We will provide you with effective client counselling, sound legal advice, and will make oral arguments in court on your behalf. Call (914) 357-8911 and (718) 619 4215 or email whc@cooper-law.com.

Who is Liable for Construction Site Accidents?

construction site accident

Construction sites are dangerous, and accidents can happen suddenly and without warning. Accidents at construction sites can leave people seriously injured and struggling to cope with the consequences of the injuries. Determining liability can become complicated because of the large number of persons involved in a construction site project. The following are the potential parties who may be held liable for construction accidents.

Property owners: Property owners must keep and maintain their properties in reasonably safe condition. If someone is injured on their property, they may be liable if they knew or should have known of the dangerous condition. However, if the property owner turned over the control of the premises to independent contractors, they may not be liable for accidents.

General contractors and sub-contractors: General contractors and sub-contractors have a legal duty to warn workers of any defects or hazards at the site as well as any hazards inherent in the work being performed. Typically, their duty is to ensure that work is being performed safely. They are also responsible for hiring reasonably competent employees and ensuring compliance with safety regulations. Failure to perform their duties may hold them liable for accidents.

Architects and engineers: Architects and engineers have a duty to observe progress and ensure compliance with plans and relevant code regulations. They can be held liable for injuries suffered by construction workers as a result of their failure to meet those standards.

Manufacturers of defective construction machinery or equipment: Manufacturers can be held liable for the defective designs and manufacturing of construction machinery and equipment. Manufacturers of construction machinery or equipment have a duty to design products that are reasonably safe for use.

Injured in a construction accident? Get help

If you’ve been hurt in a construction accident and want to speak to a construction site accident attorney about your options, call us. We can help you seek justice and obtain maximum compensation for your injuries. Call (914) 357-8911 and (718) 619 4215 or email whc@cooper-law.com.

What to do After a Motor Vehicle Accident?

Motor vehicle crash

Every year, thousands of people get injured in motor vehicle related accidents. Often, such accidents result in serious injuries and even death. Injuries sustained in a motor vehicle accident can have a lifelong impact on the victims and their families. Following an accident, there are some important steps that you can take to protect your health and legal rights.

The steps

Seek medical attention: If you have sustained injuries, seek immediate medical help even if the injuries appear to be minor. Symptoms of concussions and whiplash may not be apparent right away, making it even more important to see a doctor promptly. Seeking and receiving medical treatment will also provide documentation of your injuries and can be used as evidence.

Document the accident scene: You should document every aspect of the accident scene. Obtain photographic evidence of the scene and gather other important information, including:

  • Names, addresses, and phone numbers of all other drivers and passengers;
  • Driver’s license or other form of identification for all parties involved;
  • Copies of insurance cards of drivers involved in the collision;
  • License plate numbers for all vehicles involved;
  • Names and contact information of responding police officers;
  • Contact information of people who witnessed the accident.

Call the police: Call the police even if no one is injured and there is limited property damage. Having a police report will be helpful when dealing with insurance companies. Keep a copy of the paperwork you are given. You may need the identifying and contact information regarding the other person for future claims or correspondence.

Notify your insurance company: Inform your insurance company. Tell them exactly what happened and the extent of your injuries. Explain the facts clearly.

Contact our lawyers today

If you or someone you love has been injured in a motor vehicle accident, it is important that you seek the help of a motor vehicle accident lawyer immediately. At Marvin A. Cooper. P.C., we help fight for the rights of accident victims. Call (914) 357-8911 or (718) 619 4215 or email whc@cooper-law.com.

Most Common Construction Site Accident Injuries

Most Common Construction Site Accident Injuries

Construction sites pose a high risk for accidents and serious injuries to employees. Construction site accident injuries can be caused by a variety of reasons, including equipment failure, falls, falling objects, and other unsafe conditions. Construction workers can help to prevent construction site injuries by taking necessary safety precautions. Here are some of the most common construction site injuries:

Head Injuries

Tools, heavy equipment, sharp objects that fall from significant heights can cause head injuries and trauma. Structural collapse can also lead to severe head injuries. Workers must wear hard hats to prevent or reduce the severity of head injuries.

Back Injuries

These injuries often result from falls from ladders, scaffolds, or heights on a building site. Back injuries canhave life-changing effects on a worker. It can lead to disability, spinal cord damage, resulting in partial or complete paralysis, or even brain damage.

Bone Injuries

Bone-crushing and bone-breaking accidents are common on construction sites due to heavy machinery and equipment. Bone injuries can also result from being caught in-between heavy machinery.

Limb Amputations

Misuse of equipment, poorly maintained equipment and sharp tools can cause the loss of a limb—either at the worksite or when saving the victim’s life in surgery.

Burns and Scarring

Workers face the risk of burn injuries when dealing with harsh chemicals, flammable liquids, exposed wires, explosives, etc. Burns can also result from a fire outbreak on the construction site, electrocution or explosions. These injuries lead to permanent disfigurement.

Cuts and Lacerations

Cuts and lacerations result from defective tools, malfunctioning equipment, unsecured machinery, exposed nails, and other on-site hazards. It can lead to severe blood loss or an infection if not treated properly.

Stress Injuries

Stress injuries are caused by repetitive or constant physical movement, such as bending, lifting or moving in ways that can create physical stress. Stress injuries usually occurgradually and can worsen over time.

Heat Stroke

Workers who labor in hot weather or are exposed to the sun for a long time can suffer heat stroke. Heat stroke can be life threatening, it can lead to heart, brain or kidney failure.

Loss of Vision

Workers can suffer vision loss due to flying projectiles, extreme light and chemical exposure.It’s important to wear eyeglasses and face protection when welding, grinding or working with toxic gases and chemicals.

Hearing Loss

Loud sounds from heavy machines and equipment can easily damage the eardrum. This can result in immediate or gradual hearing loss. Wearing earplugs at work can help to protect the worker, and prevent hearing loss.

Injured in a Construction Site Accident? Contact Marvin A. Cooper, P.C.

If you have been hurt in a construction site accident, you might be entitled to compensation. Marvin A. Cooper, P.C.is a law firm with construction site accident attorneys who have a vast amount of experience in negotiating construction accident injury claims. We provide guidance in successfully executing your claims, in a manner that fully protects your legal interests. Call us today for a consultation at (914) 357-8911/ (718) 619 4215. You can also email at whc@cooper-law.com.

Motor Vehicle Accidents Caused by Negligence

Motor vehicle accidents

Motor vehicle accidents account for many serious injuries and fatalities each year. Most of these accidents are caused by driver inattention, speeding, drunk driving or failure to adhere to traffic rules. If you have been injured in a motor vehicle accident, you may be entitled to compensation for medical expenses, lost wages or earning capacity, pain and suffering, and property damage. Proving fault in an accident is the key to winning the case.

Using negligence as a basis for recovery

Negligence is a legal theory used in most motor vehicle accident cases. It means that the injury or harm was caused by another person’s thoughtlessness or carelessness, or by failing to do something that he or she should have done. To prove negligence, the injured victim must show the following:

  • The driver had a “duty of reasonable care: The law requires auto drivers to be reasonably careful on the road when running into other vehicles, passengers, and pedestrians.

  • The driver breached (or violated) the duty of care: This is proving that the driver was not careful as required by law. In order to determine whether a driver was sufficiently careful, the driver’s conduct is compared with the conduct expected of a “reasonable person”. The law assesses how a reasonable, prudent person would have behaved in similar circumstances.

  • The driver’s conduct caused your injuries: You must show that you suffered injuries due to the driver’s conduct.

  • You were injured or suffered losses: Motor vehicle accident victims must prove and show evidence of their injuries, damages, or other monetary losses in order to be compensated.

Motor vehicle drivers’ duties

Drivers are required by law to practice reasonable care on the road. There are specific requirements imposed by law:

  • To drive at a reasonable speed: Drivers are required by law to drive at a reasonable speed as a reasonable, prudent person would. The driver can be held negligent for failing to drive at a reasonable speed or take into account the existing traffic, road visibility, and weather conditions.

  • To drive with caution and keep a proper lookout: Drivers are required by law to be alert and keep a proper lookout for other vehicles, pedestrians, and road hazards. A driver can be held accountable if he/she fails to take proper precautions or care when driving in certain places or conditions.

  • To maintain control of the vehicle: Drivers have a duty to maintain control of their vehicle, such as being able to stop quickly when required. If the car loses control for no apparent reason, the driver may be considered negli

  • To maintain and use car equipment: Drivers are required to maintain and keep their vehicles safe. All vehicle parts including breaks, lights or tires should be in a working order.

  • To behave on the road: Different states have laws that govern how drivers are expected to behave on the road. A driver can be held accountable for conducts such as, driving under the influence of drugs or alcohol, displaying an aggressive behavior on the road or using a cell phone while driving.

Injured in a motor vehicle accident? Contact Marvin A. Cooper, P.C

If you sustain an injury due to the negligence of another, motorcycle accident attorneys at Marvin A. Cooper, P.C. can evaluate your case. We can significantly improve your chance of obtaining proper compensation for your injuries. Call us today for a consultation at (914) 357-8911/ (718) 619 4215 or fax at (914) 428 4126. You can also email at whc@cooper-law.com.

Common construction site accidents and how to prevent them

In a construction site, accidents, injuries, and deaths are unfortunately quite common.. Construction sites are surrounded by With building materials, tools and heavy equipment, construction sites and involves several risks. Here are some common construction site accidents and how to prevent them.

Falling from High Platforms

Often, construction work is carried out at dangerous heights and injuries from these heights can be quite serious. According to the Occupational Safety and Health Administration (OSHA) reports, falls on construction sites account for approximately 39 percent of the accidents. Ladders and scaffolds need daily inspection and regular maintenance. Sufficient guardrails and safety nets should be placed wherever necessary. Workers should be equipped with fall protection such as harnesses and rope grabs.

Slips and falls

There are many hazards on a construction site that could lead to slip and fall accidents. Uneven ground, open holes, tools, wires, wet substances and other objects may lead to serious injury. Walkways and work areas should be clear of obstructions. Equipment should be stored away; any slippery surface should be reported immediately to a supervisor, who must ensure that the hazard is dealt with.

Electrocution

According to OSHA, electricity presents a significant danger to construction workers. Construction sites contain wires and unfinished electrical systems which often remain exposed until installation is completed. Causes of death and injuries involve contact with wires that are exposed, electrically charged metal objects and defective machinery. It is crucial that every worker be given appropriate electrical training. Work on electrical systems should only be done with adequate training. Electrocutions are avoidable if all wires are correctly labeled, electricity switched off, moved away from high traffic areas, the correct insulation is used and the construction crew is made aware of where the power lines are laid.

Falling Objects

There is always the risk of an object falling at construction sites, particularly in buildings that have more than one floor. Falling tools or building materials can cause injuries to people below. When working on upper building levels, it is important to secure equipment during and after use. Fences and barricades may help reduce the number of objects from falling onto workers below. Additionally, installing safety nets where possible, will catch falling debris.

Vehicle Accidents

Moving vehicles, such as large construction trucks, forklift trucks, other large transportation vehicles or cars are also a common cause of injury in construction sites. According to Eurostat, one in three fatal construction site accidents involves vehicles. Drivers of large vehicles sometimes fail to see workers in their path – especially when backing up. Following a few simple procedures can reduce the risk of construction workers being injured by moving vehicles. Vehicle-only areas should be designated with signs and barriers, making sure vehicles are always checked before use.

Fires and Explosions

Fires and explosions occur on construction sites because of unfinished piping, leaking gas and incomplete electrical systems. Construction companies are responsible for materials being safely stored away from any igniters.

Contact Marvin A. Cooper, P.C.

Marvin A. Cooper P.C. has over 55 years of experience in serving clients. If you’ve been hurt in a construction site accident, contact our Construction Site Accidents Attorney who has hands-on experience in the construction industry. Call us for a free consultation at (914) 357-8911/(718) 619 4215 or email at whc@cooper-law.com.

How Can Employers Prevent Slips and Falls in a Workplace?

Victim of slip, trip and fall accident

Slips, trips and falls account for 15% of all workplace accidents. Prevention of slip and fall accidents should be the key goal of every safe and healthy workplace.

What are causes of slips and falls in a workplace?

Slips and falls in a workplace can be caused due to a number of factors, including:

  • Slippery or wet surfaces
  • Loose matting
  • Poor lighting
  • Walkway surfaces that are in disrepair
  • Highly polished surfaces/floors that do not allow for adequate footwear traction
  • Open desk/cabinet drawers

Employer’s role in preventing slip and fall accidents in a workplace

It is the responsibility of employers to protect their employees. They must provide necessary information, instruction, and supervision to protect the health and safety of all employees. The steps that employers can take to prevent slip and fall accidents in a workplace are:

  • Ensure slip-resistant flooring and slip-resistant mats.
  • Ensure adequate lighting in every area.
  • Ensure guardrails for raised floors.
  • Provide wet floor signage.
  • Ensure that spills are cleaned up promptly.
  • Ensure that clutters are cleared from walking surfaces.
  • Ensure to clean grease build-up from slip resistant mats.
  • Ensure prompt maintenance.
  • Ensure to correct poor work practices.
  • Train workers to prevent slips, trips and falls.

Contact Marvin A. Cooper, P.C for slip and fall accident lawyer

If you have been injured in a slip and fall accident in a workplace due to the negligence of your employer, you may be entitled to compensation. The slip and fall attorneys at Marvin A. Cooper, P.C. will make sure you are treated fairly and will help you recover monetary damages. Call us at (914) 357-8911 and (718) 619 4215 or email us at whc@cooper-law.com.

Common types of medical malpractice cases

Medical malpractice

Medical malpractice arises when a medical professional or a health care facility fails to provide proper health care and treatment. If a patient is injured as a result of medical error or negligence, a medical malpractice claim can be filed against the medical professional or health care facility. Here are the common types of medical malpractice cases:

Misdiagnosis or Delayed Diagnosis

A healthcare provider may misdiagnose or fail to diagnose a disease. Commonly misdiagnosed conditions include infections, heart disease, heart attack, pulmonary embolism, heart disease, and more. Amisdiagnosis or a delayed diagnosis of health conditions or diseases can be life-threatening and fatal.

Prescription Drug Errors

Prescription drug errors are the most common forms of medical malpractice. If the error is not caught in time, it may cause harm to the patient. Prescription drug errors include prescribing or administering the wrong medication, wrong dosage, harmful drug interaction, unsafe medications or writing illegible prescriptions.

Birth Injuries

If an obstetrician’s negligence causes harm to a baby and/or mother, it can result in a medical malpractice claim. Common types of birth injury cases include cerebral palsy, erbspalsy, brachial plexus, Erb-Duchenne, Dejerine-Klumpke palsy, fractures, brain damage and fetal death.

Anesthesia Errors

Anesthesia mistakes, during or before surgery can result in permanent injury, brain damage, or even death. Anesthesia errors include failure to inform the patient about possible complications or risks involved, giving too much anesthesia, failure to monitor the patient’s vital signs, intubating patients improperly or use of defective equipment.

Surgical Errors

If a surgeon makes mistakes during an operation causing harm to a patient, a medical malpractice claim may arise. Some examples of surgical errors include puncturing internal organs, leaving surgical instruments in the body or performing an operation on the wrong body part. Nursing staff negligence during post surgery care can also result in complications or other serious infections.

Injured in a Medical Malpractice? Contact Marvin A. Cooper, P.C.

If you or a loved one has been injured due to a medical error or negligence, contact Marvin A. Cooper, P.C. Our medical malpractice attorneys will assist you to obtain the compensation you need and deserve. Call us today at 914-357-8911/718-619-4215 or email at whc@cooper-law.com.

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