Central New York Injury Lawyer Blog

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.

Syracuse Injury Lawyer: Proving a Defective Roadway Design Case in New York State

December 27, 2023 | by Michael Bersani

Proving roadway design liability in New York State involves navigating a complex legal and technical terrain. If you were involved in an automobile crash that you believe was caused by a faulty roadway design or negligent maintenance of the roadway, you absolutely must hire a New York defective roadway design lawyer with experience in this rather daunting sub-specialty of personal injury law. What follows is a breakdown of the main issues your lawyer will need to address in your defective roadway case.

Whom to Sue?

One of the first considerations is whom to sue. Usually, the owner of the roadway is responsible, or whatever entity “controls” it, though there are situations where a private contractor may also be held liable. It is not always clear to a lay person who owns or controls the roadway. In New York, it can be a Town, County, Village, City or the State of New York. Sometimes it is a combination of these entities. Thorough research must be conducted to ensure the right entities are being sued.

The Growing Concern of Car Accidents Involving Pedestrians, Especially at Night

December 11, 2023 | by Michael Bersani

In recent years, an alarming trend has emerged on the roads in the USA (but weirdly, not anywhere else) including New York State where this New York car accident lawyer practices law: a huge uptick in car accidents involving pedestrians, especially at night. Why? And why only in the USA?

First, as the sun sets and darkness blankets the streets, the risks for pedestrians always amplify. One of the significant contributors to the increased accidents involving pedestrians at night is reduced visibility. As daylight fades, visibility diminishes, making it challenging for drivers to spot pedestrians, especially in poorly lit areas or where street lighting is inadequate. Additionally, factors such as glare from headlights, distractions within the vehicle, and impaired visibility due to adverse weather conditions further compound the risks.

But the factors above have always been a problem. Why are nighttime pedestrian accidents increasing now? Take a look today’s New York Times for a possible answer: In most parts of the world, drivers still have to shift gears as they drive, and thus are deprived of the easy opportunity to be simultaneously using their phones. Manual shift vehicles in the USA are quickly disappearing from our roads. US drivers are thus more readily able to engage in texting, emailing and checking their calendars as they drive compared to, for example, their European counterparts. This explains why this uptick is occurring only in the USA, where shift-vehicles are disappearing, and not elsewhere.

MBK Named Top Tier Firm by Best Lawyers in America®

November 3, 2023 | by Michael Bersani

We are pleased to announce that Michaels Bersani Kalabanka P.C. has been recognized as a “Tier 1” law firm (top category) in three areas of litigation in the 2024 edition of Best Law Firms Rankings®: Personal Injury, product liability and professional malpractice.

We have lost track of how many years in a row we have been ranked in Best Law Firms, but it’s quite a few!

In addition, our attorney Mike Bersani has once again been recognized this year as the “the Lawyer of the Year” for representing victims of professional malpractice in the Syracuse metropolitan area. This is the third time in four years that he has been named “the best lawyer” in the category of personal injury or professional malpractice by Best Lawyers in America®

All Lawyers at MBK named “Best Lawyers” in Peer-Review Publication

August 17, 2023 | by Michael Bersani

Michaels Bersani Kalabanka proudly announces that all three of its lawyers – Lee Michaels, David Kalabanka, and Michael Bersani – have once again been recognized as “Best Lawyers” in this year’s Best Lawyers in America publication. The Best Lawyers awards are based entirely on peer review. That means that other lawyers, and judges, rate the skill and ability of the lawyers who appear in the publication.

Michaels Bersani Kalabanka is a boutique personal injury and professional malpractice law firm based in Auburn, just outside of Syracuse. Other lawyers, and judges, have for many years given us the high ratings that allow us to appear in Best Lawyers in America in recognition of our excellence in representing personal injury and professional malpractice victims.

In addition, Michael Bersani was selected this year as “Lawyer of the Year” for representing professional malpractice victims. This is the third time in four years that Michael Bersani has received a “Lawyer of the Year” award either for representing personal injury or professional malpractice victims.

Proving Legal Malpractice in New York State: An (Almost) Comprehensive Guide

July 23, 2023 | by Michael Bersani

Introduction

Legal malpractice occurs when an attorney breaches their duty of care, resulting in harm to their client’s interests. Proving legal malpractice in New York State requires establishing four essential elements, each of which must be meticulously supported by evidence and legal expertise. This article will outline the steps and considerations necessary to navigate the complex process of proving legal malpractice in the Empire State.

Establishing the Attorney-Client Relationship