Articles Posted in New York

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Calendar-300x295The statute of limitations is the time period by which a party or victim needs to take legal action to enforce rights and / or seek financial compensation for the negligence or intentional harm caused by a person, business, and / or government entity.  These time limits are proscribed or set by the legislation in statutes / laws.  The time period for a particular case will depend on the state where the incident took place, the type of action brought, and the parties involved.  Over the years, legislatures have broadened the time limits by which a victim can bring forth a case based on the sexual abuse of the victim.

The statute of limitation in sexual abuse cases has always been a topic of discussion amongst the law community as it is very impactful on the amount of cases received by firms. The topic is also sensitive when understanding the physical and emotional trauma that may impede an individual from filing a lawsuit within a set amount of time after the incident. As time has gone on and many states have become more progressive and understanding of the victim’s position in sexual abuse cases, we have seen a positive trend in the expansion of statutes of limitations in these cases. Just recently, both New York and New Jersey passed laws affecting their statute of limitations. What’s interesting is that they both went about this in different ways. Having realized that many cases of sexual abuse involving a child had been swept under the rug, New York passed the Child Victims Act (CVA) which repeals the statute of limitations on these cases for a period of a year and raises the age limit to 28 in criminal cases and 55 in civil suits . The one-year grace period for cases outside of the statutes of limitations led to 439 cases being filed on just its first day enacted. New Jersey’s approach was to raise the statutes of limitations age to 55 for all child abuse cases or within 7 years of the victim’s realization that the abuse caused harm. The most recent example of a state that is expanding its statute of limitations involving sexual crimes is Texas. Effective September 1st, the statute of limitations has been doubled from 15 to 30 for personal injury claims related to sexual assault.

What is important about the changes being made in these states is that it sends a message to survivors of these heinous crimes that legislators are listening and that they are not going unheard. These changes encourage more people to report actions that may be considered sexual assault/abuse and gives less reasons as to why it should be brushed under the rug. With cases like Jeffrey Epstein’s reaching national media coverage, more and more states are becoming aware that they need to stand up for victims of sexual abuse. As 2019 continues, keep an eye out for more states to follow in the footsteps of New York, New Jersey, and Texas.

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At most restaurants in New York and throughout the country, children are welcome guests. When operating and managing a restaurant, it is important for the management and staff to pay attention to the needs of children as well as any dangers that may be present to a child that may not be a danger to an adult. At a restaurant, the business has a duty to act in a reasonable and safe manner. If there is a dangerous condition on the premises, the staff has a duty to correct the problem or at least put warning signs / cones around the area of danger. When serving food, it is important that the staff act in a reasonable and safe manner. At times, food is spilled, especially hot food, which, in turn, causes serious injuries to an adult or child customer of the restaurant.

An incident that took place in Queens, New York demonstrates how a  brief moment it takes for a nice outing at a restaurant can turn into a tragedy. It was reported that a seventeen-month-old baby sustained severe burns when scalding hot water fell on him at a restaurant after a waiter placed a cup containing hot water on the family’s table. The heat of the water stripped the skin off of a large portion of the baby’s stomach. It also fell onto his arms and legs. Furthermore, news reports indicate that restaurant employees initially tried to get ointment and napkins for the burns, so no one called 911 until over twenty minutes after the injury.

The burn injuries sustained by the little boy in Queens exemplify just one of the many ways that children may sustain injuries in a restaurant. Other common types of injuries to children in restaurants are: bruises and broken bones from falling out of booths, chairs, booster seats, and high chairs; lacerations and cuts from knives left near a child; injuries in play lands, play grounds, or play structures on the property of a restaurant; and slip and fall injuries from unclean surfaces or other hazards in the restaurant.

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In New York and other states, people wisely hire limousine and bus companies for parties, events, and celebrations. Rather than drink and then get behind the wheel of a vehicle, the safer way to travel is to have a professional, trained driver handle the transportation. However, at times, commercial drivers fail to pay attention to road conditions, traffic, traffic signals, and /or signage and end up being responsible and liable for a crash that injures and, in some instances, kills passengers. It is important for all drivers to remain alert, keep distractions to a minimum, and concentrate on the legal duties and responsibilities of operating a motor vehicle, van, bus, limousine, or other vehicle transporting passengers.

Nonetheless, even professional drivers get into accidents.

The recent tragedy in Schoharie, New York exemplifies this. It was reported that twenty people died when a limousine driver ran a stop sign and crashed into a parked car. All eighteen people in the limousine died, including the driver, as well as two pedestrians. This crash, dubbed the deadliest transportation accident in almost a decade, demonstrates just one of the many accidents involving commercial drivers in the past year.

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Building-Blocks-300x271Working parents rely upon day care center centers to provide care, supervision, and education of their children.  For most children on most days, the time spent at a day care center is uneventful.  Unfortunately and tragically for some children, the neglect, oversight, abuse, or neglect of a child while under the care of a day care center.

It was reported that a 3 year old boy – Elijah Silvera – had food allergies in the form of daily food allergies.  It was reported that a day care center – Seventh Avenue Center for Family Services located in Harlem (New York) was fed a grilled cheese sandwich.  Thereafter, he had a severe allergic reaction.

There is an investigation as to the care and supervision at the day care center and how day care center and medical professional responded to the incident.   The family reported on a Go Fund Me page that it was well known by the day care center staff that the child had food allergies.  It appears that this child died as a result of his dairy allergy.   The simple but dangerous serving of a grilled cheese sandwich to this child resulted in a tragic consequences.  See Grilled Cheese Sandwich Suspected in Death of 3 Year Old. 

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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks Glossy - P - Day Care CenterIn New York and other States, a parent finds out the true quality or better stated deficiencies with a day care center only after a child is injured or after a child died at a day care center.  A recent death of an infant made State of New York and National headlines.  The child died at an unlicensed day care center on the first day that he was under the so-called supervision of a day care center.

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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Statue of Liberty
In New York and other States, busy working parents rely on the staff and administration at day care centers to supervise their children during the work day.   Some parents select day care centers based on price and location only.  Others do a bit more homework and check out online reviews and State of New York inspection reports.  Lawmakers in New York are proposing a new rating system that would be similar in concept to that of restaurant ratings in which the rating is prominently displayed on premises.

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 By  Steven Smith, Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn New York and other states, there is a nightmare that parents have experienced with a day care center.   The nightmare has a common time line.  Here is is:
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By  Steven R. Smith, Attorney and David Wolf, Attorney

Building Block - W - Day Care CenterSchools and day care centers should be a place in which children are cared for in a nurturing, clean, and supportive environment. Unfortunately, at some schools and day care centers, the child care providers bring in their own sense of right and wrong.   Certainly, there are archaic and dangerous disciplinary actions that put children at risks.  Even if the child care provider was subjected to this very same punishment as a child, this does not excuse or justify the implementation of this type of punishment at a school or day care center.   Here is a simple statement to consider.  Abuse is abuse.  Of course, laws, regulations, and ordinances are more complicated than this simple statement.  It is important for day care centers and schools to follow the laws, regulations, and ordinances.  Many such rules are in place to protect the children.   It is interesting to note that some disciplinary tactics used by child care providers are similar to those improperly used against adult prisoners.   Certainly, a child is not a prisoner and should not be treated like one.  Furthermore, it is well known and should be expected that a child will misbehave and fail to follow directions.  Child care providers should be prepared to supervise the children in a safe and supportive environment.   The day care center rules and regulations should be followed.  In addition, the child care providers should adhere to and follow the laws in place.  Finally, common sense should always be used when caring for children.
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By  Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Kids Wooden Block Spelling Mum As Symbol for Motherhood And Parenting

New York Child Care Regulations

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By  Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

New York City StreetIn New York and other States, parents rely on day care centers and the transportation provided by day care centers during working hours.  It is essential that day care centers carry out these responsibilities with due care and caution. It is well known that children (especially children under the age of 5 years old) lack safety awareness and good judgment. Because of this, it is vital that the child care providers and day care staff members follow applicable rules and regulations and otherwise perform their duties with a sense of professionalism and due diligence.  Finally, there is something that every day care center staff members should have from the lowest level employee to the administrator / owner – common sense.  While there are many rules and regulations, it is impossible for these day care center rules and regulations to cover every incident that could take place at a day care center. As such, the concepts of reasonableness, due diligence, and common sense should all come into play during the care, supervision, and transportation of children.
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