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November 2015 Archives

Defending against the crime of larceny in New City

The concept of "theft" is broad and actually spans several different types of crimes in New York. For example, as we discussed in a recent post, identity theft is one type of theft crime. Embezzlement is another example of a theft crime. In addition, another type of theft crime is larceny.

Prostate screening on the decline

New York medical professionals may have mixed thoughts on changing recommendations related to screening for various types of cancer. An announcement occurred in 2012 at which time a task force noted that prostate cancer screening was not a necessity for most men. High-risk individuals, including those in the African-American community and those whose families have a history of cancer, were still identified as candidates for PSA screening.

Traffic lights intended for driver safety may cause accidents

Traffic signals are intended to safely control the flow of traffic through an intersection. Go through a red light and a police officer will probably pull you over and issue you a traffic ticket. The use of red light cameras in communities in New York to enforce red light violations has come under fire as increasing the chances of getting into a car accident.

New York teenagers accused of recording, viewing sexual act

Most teenagers in New York these days do not even remember a time when social media was not commonplace. In fact, growing up in today's technological age means teenagers have the opportunity to engage in all sorts of activities involving social media, whether it is maintaining a Facebook account or simply sharing text messages, photos and videos on a smartphone. However, the use of social media can be turned against an individual if it is claimed that the individual used social media for an illegal purpose.

New York drunk driving and ignition interlock device laws

In the past, this blog has covered the various penalties a person in New York will face if he or she is convicted of driving while intoxicated. One of these penalties involves the installation and use of an ignition interlock device on one’s vehicle.

How do you prove a premises liability claim?

It is a matter of general knowledge that if you suffer an injury on the property of another, including a business, if the person or business that controls the premises was negligent in permitting the existence of a hazardous condition that caused the injury then you may have a cause of action for negligence based in premises liability. That is the easy part. The more challenging part comes when you need to build your legal claim and present it effectively in settlement negotiations with an insurer or, if need be, in a New York court.

What is a survival action?

You may already be familiar with the cause of action of wrongful death, which can arise whenever a loved one of yours dies as the result of a negligent, reckless or intentional act of another person. But are you aware that there is another potential cause of action that can take place in connection with the death of the same loved one? In New York, this additional potential legal claim is known as a "survival action."

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