D’Agostino & Associates, P.C.

The Injury Firm

Call For Free Consultation

1-888-24-LAW-24 (1-888-245-2924)

3309 Richmond Ave.

Staten Island, NY

A nice jog in the park or a romantic moonlight stroll can be quickly ruined by a menacing dog. Sometimes a dog’s bark is worse than its bite, but sometimes a dog will actually bite you.

If a dog has attacked you, the first step is to take care of and document your injury. Seek medical attention right away. Take a picture of the bite area. Record when and where the incident occurred, and describe the attacking canine.

After these steps, you can start to find out whether you qualify for legal compensation. Learn about dog-bite law in New York and the process of working with a personal injury lawyer, and receive the payment you deserve.

Getting Started with an Attorney
Your personal injury lawyer in New York will meet with you to gather as much information as possible. By taking an individualized approach to your incident, your attorney will gauge how much physical and emotional injury you currently have and will yet endure. Then, he or she will outline your options for pursuing compensation. The lawyer may suggest that you press charges, levy a lawsuit, or agree to a settlement with the dog’s owner.

If it is believed that the attacking dog will repeat aggressive behavior, the case might involve animal services or law enforcement personnel.

Out-of-court settlement is common with these cases. However, if you cannot determine the dog owner or if the owner denies your accusations, a local court trial may ensue. The success of your case depends on your ability to convince a judge and jury that you are the victim and that you did nothing out of the ordinary to provoke the dog. If there are any eyewitnesses to your injury, get their contact information and strengthen your case with another perspective.

Throughout the legal process, make sure you clearly communicate with your attorney. Keep him or her abreast of any changes to your medical situation. Keep track of both the expenses and the monetary losses you incur. The more evidence and documentation you compile, the more likely you will be satisfied with the outcome of your legal proceedings.

The “One-Bite” Rule
In many states, dog-bite victims simply need to show that they were bitten by the dog without provoking the animal or trespassing in the area.

New York is not one of these states. Not only that, New York practices the “one-bite” rule, where the owner is not responsible if he or she didn’t know the dog was dangerous. The owner would be aware of the situation after one bite, hence the name of this policy.

If you are seeking compensation, you and your attorney must prove that the owner knew about the dog’s violent tendencies. The court could hold a dog owner accountable if he or she knew about any of the following situations:

The dog has a previous history of biting people.
The dog barks, growls, or otherwise threatens people in a public setting.
A large, playful dog tends to knock people over when jumping to greet them.
The owner or another individual trained the dog to fight.
Neighbors, friends, or others have complained about the dog.
The state has classified the dog’s breed (e.g. a pit bull) as dangerous or vicious.

Many exceptions could keep the owner from assuming responsibility. For example, in the case Tessiero v. Conrad, the state of New York determined that a puppy nipping someone does not make the owner aware that the dog is dangerous.

Reasonable Care
If the dog already has a history of biting people, or if the owner suspected the dog’s dangerous nature, you still need to prove that the owner did not take measures to protect others from the animal. “Omission of reasonable care” is the legal term for proving negligence on the part of the dog owner. For example, a negligent dog owner might not:

Put a fence around his or her home to protect passersby
Post a “Beware of Dog” or similar warning sign
Keep the dog away from or on a leash in public areas

By documenting details about the injury, including where and how it occurred, you and your attorney can build a strong case for lack of reasonable care. The court will decide whether the owner acted responsibly.

Ready to pursue compensation for your injuries? Contact a personal injury lawyer today. One phone call begins the path to justice.

Driving in fallAs the Fall season approaches, the weather and road conditions will change. It is important to follow fall driving safety tips to keep you safe as you take in the nice crisp air and the beautiful colors of fall. D’Agostino and Associates has come up with great tips when driving in the fall for you to consider.

Particularly in the fall, when leaves collect on the roadway and become wet, they can become very slippery, creating driving conditions similar to driving on ice. When the temperature drops below freezing, the wet leaves will freeze and be hazardous creating icy leaves on the street. Leaves also reduce the car’s traction, causing skidding and the likelihood of losing control of your car. Moreover, leaves often cover the painted lines on the street, making it difficult to know where your vehicle is on the lane.

  •        Use caution and drive slowly when on street covered with leaves, especially when turning.
  •        Potholes and bumps will be covered from leaves on the road, making it difficult to drive.
  •        Keep plenty of room between you and the other cars on the road.
  •        Remove the wet leaves under the windshield wipers so the wipers work properly.
  •        Never park your car over a pile of leaves to avoid the risk of a fire from the exhaust system.

Additional Tips

  •        Fall sunrises and sunsets can be very bright so make sure to keep a pair of sunglasses in your car. The glare from the bright sun makes it difficult to see other vehicles and the main street and the shoulder.
  •        Be on the lookout for deer’s if they live in your area. Deer’s are more active during dawn and dusk, making them a danger on the roadways. Moreover, fall is an active breeding time and they can be seen traveling in groups, so proceed with caution and drive slowly.
  •    Check your tire pressure since tires can expand and contract causing them to lose air pressure as the temperature changes.

In conclusion, using caution and driving slower during the fall lowers your chance of an accident. By following these informative tips, you will be more knowledgeable about driving in certain conditions.

For more information about safety tips or if you been in an accident call D’Agostino and Associates at 1-888-24-Law-24

School PlaygroundThere are numerous legal notions which may determine liability when a child is injured in a playground accident.

Playground injuries can happen at public schools, private schools, daycares, city parks, and private homes. Many of these injuries are triggered by dangerous behavior by children or by unsafe equipment. If your child was really injured while playing on a playground, you may want to find out more about the legal concepts of premises liability and neglectful supervision of children, which might be used in a claim for injury reimbursement.

Premises Liability

Schools and other workers of playgrounds have a responsibility to protect children from predictable dangers on the premises. To bring a suit to make progress for a playground injury based on a premises liability theory, you must show that:

·        The defendant was in control of the property

·        The injured adolescent was the type of individual that the defendant could expect to be on the property.

·        The defendant did not exercise the proper amount of care

·        The child was injured in a predictable way, and

·        The defendant’s inattentiveness was a major reason of the child’s injury.

For example, in a situation where a child is injured on a school playground by a sharp metal slide, the school has authority over the playground area. The school expects students to play on the school playground equipment. To make the playground practically safe, the school expects students to play on the school playground equipment and repair any problems. If the school in question never examined the playground equipment, the school failed to implement a sensible amount of care. It would not be shocking that the equipment is a foreseeable danger. The school’s failure to find and fix the problem with the slide would be the major reason of the child’s injury.

Negligent Supervision of Children

When someone takes the responsibility of watching your child, that person could be accountable for harm that comes to your child because of lack of supervision. School teachers and staff have a heightened duty of care toward your child because they are acting in the place of parents at school. They must take sensible steps to avoid foreseeable harm to students. The school must have an effective organization of supervision in place to keep students safe. Other groups and individuals that agree to lookout for your children also have a responsibility to act with practical care to avoid injury to your children.

To sue for negligent supervision, you need to show that:

·        The defendant approves to supervise your child

·        The defendant did not accurately monitor your child, and

·        Your child was hurt because of the defendant.

One example of this kind of claim is where children at school are let out to play during recess without any supervision and a fight break out. If the fight intensifies and a child is pushed off a climber and breaks an arm, the school might be sued for neglectful supervision of the children. The school has the responsibility of monitoring the students. If a staff member had supervised the students during recess and stopped the fight, this occurrence likely would not have happened.

For a free consultation call D’Agostino and Associates at 1-888-24-LAW-24

 

New York City is, in many ways, the asbestos capital of the world. Asbestos was once a critical material in everything from firefighter vests to automobile brake pads to building insulation. Now it's known as a carcinogen and the cause of more than 40,000 deaths per ye ar.

Asbestos in building insulation is what affects most New Yorkers. Much of the Big Apple and the Empire State Building was construct ed during the asbestos boom before World War II. The fall of the Twin Towers on 9/11 released nearly four tons of asbestos into Lower Manhattan's atmosphere. It inspired a larger citywide effort to bring attention to the carcinogen, which is still not banned in the United S tates.

Who Asbestos Affects

Asbestos most often affects blue-collar workers, especially in shipyards, power plants, and construction. Plumbers, electricians, and o ther contractors could inhale it as they renovate older buildings. Metal workers, steamfitters, and pipefitters are also exposed. In some ca ses, workers' spouses have become fatally ill from doing their husbands' contaminated laundry.

Prized for exceptional ability to insulate and fireproof, asbestos use skyrocketed after the H.W. Johns Manufacturing Company receiv ed its roofing shingles patent during the post-Civil War era. The company began manufacturing asbestos products at a rapid rate. Later, they merged with Manville Covering, an asbestos mining company, to create Johns-Manville Corporation. Construction with asbestos bo omed. 

Asbestos was used widely in the construction of military bases, ships, and submarines. Therefore, a large majority of asbestos litigati on cases are from military veterans. Long-term asbestos exposure has also affected men and women working on offshore oilrigs.

How Were You Affected?

The respiratory system absorbs particles of asbestos, resulting in mesothelioma, lung cancer, and asbestosis. These conditions are n ot only terminal, but also extremely painful. Those afflicted have major limitations to their quality of life.

If you are seeking damages against a former employer about exposure to asbestos, you should begin with this question: Can you p rove that your employer knew you might be exposed and did not inform you adequately? Did he or she provide you with appropriate sa fety gear and educate you about precautionary measures to avoid exposure?

There are six types of asbestos:

There are six types of asbestos:

  • Actinolite
  • Chrysotile
  • Anthophyllite
  • Tremolite
  • Amosite
  • Crocidolite

Start by learning the type of asbestos found in your environment and estimating the duration of your exposure. Collect any docume ntation of its effects on your health.

There are also at least ten places in New York City known to have asbestos:

  • Con-Ed Powerhouses
  • Indian Point Station
  • GMD Shipyard
  • Caddell Dry Dock
  • Alcoa Aluminum
  • Todd Shipyards
  • Hudson Avenue Generation Station
  • Astoria Powerhouse
  • Charles Poletti Power Plant
  • Arthur Kill Powerhouse
  • Brooklyn Shipyard

Find out exactly where you encountered asbestos and what type of work you were doing at the time.

Remain Positive

Take a quick look at New York City Asbestos Litigation. This website has a list of c ompanies bankrupt by asbestos claims, as well as appellate court rulings. You are not alone. Many people have found success in receiving compensation and bringing asbestos companies to justice.

Building owners should know that they are responsible for asbestos abatement. The New York State Department of Labor's Asbesto s Control Bureau are in charge of surveying, demolishing, rehabilitating, and reconstructing old buildings with asbestos materials. They al so certify contractors to deal with asbestos removal. If you're a building owner, have your building inspected now.

Although asbestos exposure is a well-known public health issue, it is still used in a wide range of products. The current EPA restrictio ns keep the amount of asbestos limited to 1% of the product's ingredients. However, we use many products with asbestos in day-to-day life. Common products with asbestos include automobile parts, such as clutches and brake pads, roofing materials, and industrial buildin g materials, such as corrugated sheeting, vinyl tile, and cement pipes. You may also find asbestos in various kinds of insulation for your h ome.

Staying aware of asbestos-related issues and litigation may help you settle your claim.

A New Jersey resident who fell on a slippery substance in a New York supermarket, sustained a torn meniscus that required an arthoscopic procedure. He agreed to accept an offer of $120,000 to settle his case before trial. GET THE $ YOU DESERVE 

Our client sustained a torn rotator cuff and herniated discs in his back when he was stopped and struck from behind. He underwent arthoscopic surgery on his shoulder and was out of work for a sgnificant period of time. The case settled while awaiting the decision of an arbitrator. GET THE $ YOU DESERVE

The defendent admitted he did not see our client when he backed over him causing extensive injuries, including surgery for a broken pelvis and a one month stay in a hospital. Our client, formely retired from the NYPD, agreed to accept a $1.25 million offer to halt litigation. GET THE $ YOU DESERVE 

Our client sustained a laceration on her arm when she fell in Rosebank backyard as a result of a dangerous and defective condition. She was left with a noticeable scar on her arm and agreed to accept an offer of $90,000 to settle before trial. "GET THE $ YOU DESERVE"

A former Island resident who now lives in New Jersey suffered a broken wrist when the driver of another car had a heart attack and hit her head on. She accepted $150,000 ad mediation. 

A woman who tripped and fell in a hole located in the middle of parking lot suffered a fractured ankle and agreed to accept $135,000 to settle her claim against the owner of the property.


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D’agostino & Associates, P.C.

3309 Richmond Avenue

Staten Island, NY

(718) 967-1600

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