Spring is here and many places around the Hudson Valley Region of New York
have seen the temperature exceed seventy degrees. Parks and playgrounds
are crowded with people. Sidewalks are becoming busier with pedestrian
traffic. In general, more people are spending time outdoors to have fun.
Experienced Kingston personal injury attorneys know that warmer weather engages people in activities that lead to personal
injury. Quite often, many of those injuries could have been avoided. When
someone’s negligent act injures another person, the negligent party
can be held liable for the victim’s damages.
There are two main categories of pedestrian accidents: those that happen
because of dangerous property conditions and those that happen because
of automobile negligence.
Thousands of pedestrians are killed by motor vehicles every year. Nearly
eighty thousand pedestrians are injured by motor vehicles every year too.
Motorists are charged with a duty of reasonable care when driving a vehicle.
Drivers must obey traffic rules, look out for other people on the road,
and in general, see what there is to be seen.
Unfortunately, drivers all too frequently fail to see pedestrians crossing
the road, or walking along side of the road. More pedestrians are out
now that the weather is warm and drivers should be keen to the increased
presence of pedestrians.
Countless amounts of people are also injured by
dangerous property conditions. Again, now that the weather is warm, people are visiting parks, playgrounds,
and spending time on friends’ and family’s property.
Property owners must not create dangerous conditions on their property.
They also must inspect the grounds for dangers. Hazards must be timely
fixed. If not fixed, they should warn visitors about the danger. Failing
at any of this will lead to financial liability if a visitor is harmed
by the dangerous conditions.
Sidewalks and other public places are frequently in disrepair, especially
at this time of year when damage from winter weather has yet to be fixed.
Since public spaces are owned by the government, special rules govern
governmental liability. In general, the government can be held liable
for dangerous property defects. But there are exceptions and special laws
that govern governmental liability. Consulting with an experienced Kingston
premises liability attorney will help injured victims determine whether
or not a claim against the government can be made.
Many outdoor sporting activities are commencing during the present time
of year. Sporting injuries are common and even expected to happen from
time to time. Indeed, the law generally states that people assume the
risk of injury when engaging in a sport. But this is limited to those
physical risks that are inherent to the sport being played.
When one’s conduct amounts to willful or malicious acts that which
injure another person playing the game, the assumption of risk rule is
cast aside. This means that the victim can sue the offending party so
that the victim’s damages are compensated for.
Additionally, sporting injury victims can sue if broken, defective, and
or faulty equipment and or property caused a player to be injured. If
any of these defects are considered to be negligence, the victim can be
compensated for his/her injuries.
Sun Glare and Driving Accidents
We all know that the sun’s location in the sky can create hazardous
driving conditions. This is especially the case around the time the sun
rises and sets. New York courts will not absolve a driver from liability
by allowing the driver to say that the sun caused the accident. Instead,
courts view sun glare as a normal hazard encountered while driving, much
like snow, rain, fog, ice, and so on.
Therefore, motorists are responsible to modify their driving behavior when
encountering hazardous sun glare. This means that motorists should slow
down, wear eye protection, utilize vehicle sun visors, etc. If drivers
cannot see at all, then they should not move the car at all; do not pull
into the street, out of a parking space, or through intersections; just
wait for conditions to improve.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. If you or a loved one has been injured
in a personal injury accident, please do not hesitate to
contact us by calling 845-340-HURT (4878), or by using our
convenient case evaluation form.