Res ipsa loquitur is Latin for “the thing speaks for itself.” In legal terms, res ipsa loquitur is a doctrine of law that establishes a presumption of negligence if the individual had exclusive control over what caused the injury, even without evidence of negligence. It is potential grounds for a personal injury claim in New York State.
The Doctrine of Negligence in Personal Injury Law
By 2025, estimates place the partially autonomous vehicle market at a value of $36 billion. Partially autonomous vehicles are those with smart, driverless features such as automatic braking and lane recovery, but that still depend on a human operator. Companies such as Google, Uber, Toyota, GM, and Ford have all begun crafting plans for partial or fully autonomous vehicles, with many already...Read More
The structure of the New York civil justice system places the burden of proof in a personal injury case on the victim, or plaintiff. This means it is the plaintiff’s burden – or his or her attorney’s – to prove to a judge or jury that the defendant was at fault for the accident or injuries. Achieving the burden of proof takes fulfilling New York’s current evidentiary standard: a preponderance...Read More
New York, along with the rest of the country, is experiencing an opioid crisis. Opioids are drugs that contain opium, a painkilling substance that naturally occurs in the poppy plant. Prescription opioids include oxycodone, hydrocodone, morphine, oxymorphone, codeine, and fentanyl. Some illicit drugs are opioids, such as heroin. The nationwide opioid epidemic stemmed largely from patients...Read More
Parental responsibility laws exist in every state. These laws cover the legal implications of damage or injury inflicted by a minor or child on a person, place, or thing. The laws apply to damaged places or items, as well as to persons who are injured. Of course, parents or legal guardians are held accountable – not the child (except in cases of juvenile delinquents over a certain age). It is...Read More
New York City is incredibly busy virtually all hours of the day and night. The city is notorious for traffic congestion, but there is also an incredible amount of pedestrian traffic in New York City. It’s essential for all New York City pedestrians to keep a few best practices in mind to avoid injuries and accidents.
NYC residents may be accustomed to navigating busy streets on...Read More
Some states use a liability-based system for resolving car accident claims, and an at-fault driver’s insurance typically covers damages the policyholder causes. However, New York is one of several states that follow a “no fault” rule for car accident insurance claims. This means that a driver who suffers injuries and/or property damage in a car accident in New York will need to use his or her...Read More
In an emergency, an injured person may not be able to call for help and may need to rely on the intervention of passing strangers for assistance. Many states have enacted “Good Samaritan” laws that protect individuals who act in good faith to help others from undue civil or criminal penalties. New York’s Good Samaritan Laws can pertain to preventing a drug overdose death, administering a...Read More