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The “egg shell skull rule” (or thin-skull rule) is a well-established legal doctrine in New York tort law regarding personal injury and damages. In short, the rule states that a defendant must take a plaintiff as they find them. If a defendant’s negligent actions cause an injury, they are fully liable for all the physical…
Read More The “Egg Shell Skull Rule” in New York Tort Law
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In the age of “oversharing,” a single click can be the difference between a successful settlement and a dismissed case. If you are a plaintiff in a personal injury lawsuit, your social media accounts are no longer just a place to connect with friends—they are a goldmine for insurance adjusters and defense attorneys. Here is…
Read More Social Media Risks For Personal Injury Plaintiffs
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As NYC braces for the impending blizzard, it’s important to keep in mind best practices for remaining safe and avoiding slips and falls on snow and ice. New York City winters are no joke. We get everything from light dustings to full-blown blizzards. And with every storm comes the responsibility of property owners – whether…
Read More Don’t Let Winter Wonderland Turn into a Winter Woe-land: A NYC Personal Injury Lawyer’s Take on Snow and Ice
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Thanksgiving is a time for family, food, and gratitude. It’s also, unfortunately, one of the busiest and most dangerous travel periods of the year. As a personal injury lawyer, I unfortunately understand how quickly a festive journey can turn into a nightmare, leading to serious injuries and complex legal battles. This year, before you hit…
Read More Thanksgiving Travel: Understand the Risks
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Halloween is a night of spooky fun, costumes, and—believe it or not—a surprising number of potential legal traps. As the lines between a playful “trick” and outright vandalism blur, and as homeowners welcome an army of tiny “invitees” onto their property, it’s wise to understand the invisible legal ghosts that haunt the neighborhood. Here is…
Read More The Scariest Night of the Year: Your Guide to Halloween Legal Issues
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Falling unexpectedly can be disorienting and painful, but it’s crucial to act quickly and methodically, especially if you’ve been injured. Your actions immediately after a slip-and-fall accident in New York can significantly impact your health and any potential legal claims. Knowing what to do in the first minutes and hours is the key to protecting…
Read More What to Do After a Slip/Trip and Fall Accident in New York
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In Nazario v. ByteDance, Inc., TikTok, Inc., Meta Platforms, Inc. et al, 2025 WL 1780792 (Sup. Ct. N.Y. Cty. June 27, 2025) – a case arising from the “subway surfing” death of fifteen-year-old Zackery Nazario – the court, inter alia, denied the motion to dismiss plaintiff’s complaint alleging various claims against the social media defendants,…
Read More Section 230 Did Not Bar Claims Against TikTok & Meta Arising From “Subway Surfing” Death
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In Flanders v Goodfellow, No. 29, 2025 N.Y. Slip Op. 02261, 2025 WL 1127772 (N.Y., Apr. 17, 2025), the New York Court of Appeals overruled Bard v. Jahnke, 6 N.Y.3d 592, 815 N.Y.S.2d 16, 848 N.E.2d 463 (2006), and held that an owner of a domestic animal may, under certain circumstances, be held liable in…
Read More NY Court of Appeals Permits Negligence Claims Arising From Animal-Related Injuries Pospis Law PLLC logo
In Anderson v. TikTok, Inc., 2024 WL 3948248 (3d Cir. August 27, 2024), the court reversed and vacated a lower court’s decision dismissing which dismissed plaintiff’s complaint against TikTok and ByteDance, Inc. on the ground that the defendants were immunized by the Communications Decency Act (“CDA”), 47 U.S.C. § 230. The court summarized the facts…
Read More 3d Circuit Permits Lawsuit Against TikTok to Proceed; Section 230 Ruled Inapplicable
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The police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…
Read More The Police Report in New York Personal Injury Litigation