Central New York Injury Lawyer Blog

Understanding Faulty Roadway Design / Maintenance cases in New York

July 29, 2025 | by Michael Bersani

Design defects in roadways refer to flaws built into the road’s design—improper slope, missing signage, poor drainage, inadequate intersection layout, etc.—that create a hazardous condition from the start. Negligent roadway design cases differ from negligent roadway maintenance cases (allowing potholes or crumbling asphalt to exist) and are subject to different legal rules. In this post I will explain how you prove a faulty roadway design case, but will also compare such proof to the proof required for negligent roadway maintenance cases.

Legal Hurdles for Defective Roadway Design Cases

Under New York law, municipal entities enjoy qualified immunity with respect to roadway design. To overcome it, plaintiffs must show that the design had “no rational basis” or was “plainly inadequate”, or that the municipality knew of its dangers and failed to correct them in a reasonable time frame Justia+5Central New York Injury Lawyer Blog+5Reddit+5.

Representing a Motorcycle Accident Victim in New York State: The Role of a Skilled Lawyer

May 4, 2025 | by Michael Bersani

Motorcycle accidents often result in severe injuries due to the limited protection offered by the vehicle. In Upstate New York, where weather variability add to the risks faced by motorcyclists, legal representation is crucial following an accident. A skilled motorcycle accident lawyer plays a central role in guiding victims through the complex legal, medical, and insurance challenges they face. Their expertise ensures that victims receive appropriate compensation, are protected from unfair liability defenses, and can focus on their recovery.

The representation begins with a thorough investigation. A competent motorcycle accident attorney collects and preserves critical evidence immediately after the accident. This includes photographs of the accident scene, police reports, eyewitness statements, traffic camera footage, and vehicle damage assessments. In many cases, lawyers also consult accident reconstruction experts to clarify how the crash occurred. Establishing liability is a key element of any motorcycle accident case. The lawyer must prove that another party, such as a negligent driver or a poorly maintained or designed roadway, was responsible for the incident.

Next, the motorcycle injury attorney evaluates the extent of the victim’s injuries and their long-term implications. Motorcycle accident injuries can be life-altering, often involving spinal cord damage, traumatic brain injury, broken bones, or severe lacerations. A skilled lawyer ensures the victim is examined by medical professionals who can document the full scope of the injuries. This medical documentation becomes essential in establishing the monetary value of the claim. The lawyer may also work with vocational and economic experts to assess the impact of the injuries on the victim’s ability to work and earn a living.

Dog Bite Liability Law Expanded In New York (Central New York Injury Lawyer Explains)

April 20, 2025 | by Michael Bersani

Today I am going to blog about a brand-new decision by New York’s Court of Appeals (highest Court in the State) which changes New York law in favor of dog-bite victims in a big way.

First, a little history of the old rule in New York. New York’s dog bite law has always been a bit of a good-news/bad-news thing.

The good news was that if you were bit by a dog whose owner “knew of should have known” of the dog’s “vicious propensities” (usually because the dog had already bitten someone else), “strict liability” applied against the dog owner. “Strict liability” meant that you didn’t have to prove the dog owner was negligent. For example, if a dog escaped from a dog owner’s yard though no fault of the dog owner (for example, a meddling neighbor cut the fence), and the dog then bit someone, the dog owner was liable. It didn’t matter whether the owner was “negligent” or not. By choosing to continue his ownership of the dog despite the dog’s known vicious propensities, the dog owner was, as a matter of law, liable for the dog’s future attacks on humans, no matter the circumstances.

MBK (once again) Named Top-Tier Personal Injury Law Firm for the Syracuse Area

December 29, 2024 | by Michael Bersani

As the year draws to an end, I am filled with gratitude for another year of high achievement for our small but powerful personal injury law firm, Michaels Bersani Kalabanka, P.C, based in of Auburn, New York. We have once again achieved “First Tier” ranking from the publication U.S. News & World Report and Best Lawyers in America®. And not just in the category of “personal injury”, but also “products liability” and “professional malpractice”.

Not only that, U.S. News & World Report and Best Lawyers in America® named Michael Bersani, for the third time in the last five years, “Lawyer of the Year” for the Syracuse area. This year, it was for representing victims of professional malpractice.

These awards mean our clients could not be better represented. May the New Year continue to bring them, and us, success.

Why Some NY Injury Lawyers Get Better Results Than Others

October 27, 2024 | by Michael Bersani

The effectiveness of New York personal injury lawyers can vary significantly, with some consistently achieving better results than others. This disparity often stems from differences in experience, specialization, resources, negotiation skills, and client relationships. A lawyer’s ability to achieve favorable outcomes depends on a combination of technical expertise, understanding of the legal process, dedication to clients, and a strategic approach to negotiation and litigation. Here’s a closer look at why some personal injury lawyers achieve better results than their peers.

Experience and Expertise

One of the primary factors distinguishing top-performing New York personal injury lawyers from others is their level of experience and expertise. Personal injury law can be intricate, encompassing areas such as medical malpractice, car accidents, workplace injuries, and more. Lawyers with years of experience handling a wide range of cases often develop insights into how to build a compelling case, anticipate challenges, and navigate complex legal procedures. Experienced attorneys are also better equipped to identify the nuances of each case, maximizing the chance of success. Specialized expertise within personal injury law further strengthens a lawyer’s ability to achieve results. Lawyers who focus on specific types of cases, such as traumatic brain injuries or product liability, become familiar with the unique challenges and strategies required in these areas, often leading to better outcomes for clients.

How to Avoid Liability for Trick-or-Treaters at Your Home

September 29, 2024 | by Michael Bersani

Are you going to participate in the trick-or-treat tradition at your home his year for Halloween? If so, take these tips from a Syracuse New York personal injury lawyer who has handled trick-or-treat injury cases. I’d rather see our children safe than sue on their behalf after they are injured at your home.

Introduction

Halloween is a time for fun, costumes, and candy. Children eagerly roam neighborhoods, knocking on doors for a trick or treat, while homeowners get into the festive spirit by decorating their homes and preparing treats. However, as a homeowner, it’s important to remember that hosting trick-or-treaters comes with certain responsibilities, particularly in terms of safety. Failing to ensure a safe environment could open the door to liability claims if a child or parent gets injured on your property. Then someone like me, a personal injury lawyer, might be having a process server take the same path to your front door as the trick-or-treaters, but rather than seeking candy, he will be serving you with a lawsuit. Here are some steps you can take to minimize the risk and enjoy a worry-free Halloween.

Syracuse Construction Accident Lawyer on How to Navigate Construction Accident Cases in New York

August 13, 2024 | by Michael Bersani

Introduction

Construction is one of the most dangerous industries in New York, with workers facing risks daily. Believe me, as a Central New York construction accident lawyer, I know. When a construction accident occurs, the injuries can be severe or even fatal, leading to complex personal injury cases. Understanding the legal landscape in New York is crucial for victims seeking compensation. This article delves into the essential aspects of construction accident personal injury cases in New York, covering common causes, legal rights, and the steps involved in pursuing a claim.

Common Causes of Construction Accidents

Premises Liability in New York State: An (Almost) Comprehensive Overview

July 29, 2024 | by Michael Bersani

Premises liability is a legal concept that holds property owners and “occupiers” (occupiers can include tenants responsible for the property upkeep or others who are in possession of the property) responsible for accidents and injuries that occur on their property due to unsafe conditions. In New York State, premises liability law is a subset of personal injury law that requires property owners and occupiers to ensure that their premises are reasonably safe for visitors. The laws governing premises liability in New York are designed to protect individuals from harm while on someone else’s property and to assign responsibility when injuries occur.

Establishing Liability

To establish premises liability in New York, an injured party must demonstrate three key elements:

SYRACUSE NY INJURY LAWYER SUMMARIZES WRONGFUL DEATH AND CONSCIOUS PAIN AND SUFFERING LAW IN NEW YORK

July 25, 2024 | by Michael Bersani

In New York, when a person dies due to another party’s wrongful actions, the law provides for two distinct types of legal claims: (1) a wrongful death claim and (2) a conscious pain and suffering claim, also known as a survivor’s or survivorship claim. These two claims each seek wholly different damages. Both the wrongful death and the conscious pain and suffering claims are brought by the administrator of the estate or executor of the Will, and for both claims you must prove that the death was caused by another party’s negligence, recklessness, or intentional wrongful act. But here is how they differ:

Wrongful Death Claim

The Statute of Limitations: It is usually (but not always!) two years from the date of death.

Syracuse NY Injury Lawyer Appalled by The Negligent Havoc of Amazon Delivery Trucks

December 29, 2023 | by Michael Bersani

In recent years, the ubiquity of Amazon delivery trucks has become a symbol of modern convenience. However, amidst the rush to meet demands and fulfill orders swiftly, a darker reality has emerged. These vehicles, while efficient in delivering packages at breakneck speed, have also been implicated in a rising number of accidents. The negligence associated with Amazon delivery trucks has posed significant risks to road safety.

Believe me, I know. I am a Syracuse NY car accident lawyer currently representing, in a wrongful death case, the family of man killed by an amazon delivery truck. The amazon delivery truck driver was too busy looking at mailbox addresses on a rural road to bother looking ahead before he started turning left into a driveway. The Amazon driver never saw my client’s vehicle because he never looked. Instead of delivering an amazon package, the Amazon driver delivered death to my clients’ father/husband by turning directly into his path.

One of the primary issues contributing to these accidents is the immense pressure on drivers to meet demanding delivery schedules. Amazon, known for its commitment to fast delivery, often sets stringent deadlines, compelling drivers to navigate congested streets and highways with little room for error. This rush frequently results in speeding, reckless maneuvers, and fatigue-driven errors among drivers striving to fulfill their delivery quotas.