Green overlapping P and L monogram logo
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
Post thumbnail
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
Green intertwined P and L monogram
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
Brindle English bulldog standing on grass
The halls are decked, the cocoa is hot, and the office party is finally back on the calendar. While the holidays are a time for joy, they also bring a unique set of legal considerations that can turn a “Winter Wonderland” into a “Litigation Landscape.” Whether you’re a business owner or a homeowner, here…
Read More The Holiday Liability List: Keeping Your Season Merry and Lawsuit-Free
Man in suit with pink bow tie
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
Pospis Law PLLC logo with phone number
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
Smiling man in suit with striped tie
In Wagman v Morgan Stanley Children’s Hospital of New York Presbyterian, No. 160709/21, 2022-05622, 771, M-3778, 2023 N.Y. Slip Op. 05214, 2023 WL 6626886 (N.Y.A.D. 1 Dept., Oct. 12, 2023), the court unanimously affirmed the lower court’s Order granting plaintiff’s motion, pursuant to CPLR 3126, to strike defendants’ answer for spoliation of evidence. In this…
Read More Failure to Preserve Slip/Fall Video Results in Stricken Answer
Person in suit with rainbow bow tie
Some say that relatively new generative AI technology is set to disrupt one or more industries – including law. In light of a recent development, I’d say that’s a bit of an overstatement. In a recent case, Mata v. Avianca, Inc., pending in the U.S. District Court for the Southern District of New York, Civil…
Read More An Excellent Reason Not to Rely on Chat GPT For Legal Research
Person in suit and tie in law library
In Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…
Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing Drain
Black metal fire escapes on beige apartment building
In McMyler v. Bank of Utica, 19-cv-812, 2021 WL 2778830 (N.D.N.Y. July 2, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the relevant black-letter law –…
Read More Pregnancy/Sex Discrimination Claim Dismissed; Boyfriend’s Personal Injury Lawsuit Against Defendant Was Justifiable Basis For Termination