March 25, 2009

Dram Shop cases

In New York State there exists a social host law. Some people may call this a "dram shop" case. Under certain circumstances it is possible to bring a claim against a host (bar, restaurant, homeowner) if the host serves alcohol to someone visibly intoxicated and that intoxicated person injures a third party. These cases are very fact specific and a thorough investigation is required at the outset.

March 12, 2009

Worker's Compensation

The general rule in New York State is that an employee cannot sue his/her employer for injuries sustained on the job. The reason for this is that our state legislature has set up a mechanism for an injured worker to obtain compensation for injuries under the Worker's Compensation law. Thus, since the injured worker can recover under the Comp law, he/she is barred from suing the employer directly. However, any case involving an injured worker should be closely examined by an attorney to determine if a "third party" non-employer may be responsible for the worker's injuries. Under those circumstances it is entirely possible to bring a lawsuit against the non-employer for their negligence in causing the worker's injuries. This includes construction accidents, work site accidents, and as well as motor vehicle accidents.