URBAN HAZARDS THAT PUT MOTORCYCLISTS IN THE DANGER ZONE

If you've been hurt on someone's property, you may be able to bring a premises liability personal injury claim, often known as a "slip-and-fall" claim. Here in Mineola, NY, property owners do have some requirements for keeping their property in good shape. If an owner failed in that duty, a premises liability lawyer can help you hold them accountable. When Can a Mineola, NY Property Owner Be Sued for Negligent Security? For your to claim negligent security against someone, you'll need to be able to prove a couple of things: That the owner or occupier had control of the premises That they failed to take the minimal precautions that the common law requires against reasonably foreseeable criminal acts That this failure was the proximate cause of injury to you That you were legally present on the property when the injury accured Forseeability Foreseeability is one of the key issues in these cases, and it's measured by looking at the past experience of criminal activity on the premises or in the immediately surrounding area. You don't have to have records of an identical crime for this to apply. For example, in 1993, the rape of plaintiff Jacqueline S. inside one building of the Wagner Houses was held by the New York Court of Appeals to be foreseeable because the entire development had a documented history of robberies, drug activity, and unlocked doors that had allowed vagrants and addicts to wander the corridors and stairwells. Evidence of prior robberies, assaults, rapes, or other violent felonies, together with complaints or police records showing that the owner was aware of these concerns, can all work together to show that the owner knew or should have known that further harm was possible and taken action to prevent it. The Duty Required What counts as a “minimal precaution” (which is all the law requires of building owners) depends on the risk the owner knows about and the steps they've taken. In cases where a building owner had supplied self-locking entrance doors, an intercom, and twenty-four-hour security guards, they have not been found , even when residents have been assaulted in the building. In similar assault cases where the exterior locks weren't functioning and hadn't been repaired even after someone brought it to the owner's attention, the same New York courts have held the owner responsible. Other Ways to Bring a Claim Even if you're not able to show that the property owner is responsible for negligent security, there may be another route to hold them accountable. NY's Real Property Law requires that all residential leases warrant that the dwelling and the common areas used with it will be fit for habitation and free of conditions dangerous to life, health, or safety. If the entrance locks are always broken, intercoms are missing, or stairwell lights are broken and never being replaced, you may be able to bring a claim for a breach of that warranty independently of any negligence claim. Talk to a Premises Liability Lawyer Security is something we should all expect, and if a building owner's negligence has led to your injury, contact the Law Firm of Michael R. Franzese in Mineola or Central Islip, NY today to request a consultation.

If you get a traffic ticket in New York, the points system can affect both your license and your insurance rates. A traffic offenses attorney in Mineola, NY can not only help you figure out where you stand under the system but also protect you. New York's Traffic Ticket Point System New York assigns points to many traffic violations, with consequences if you get too many. If you get six or more points in 18 months, you have to pay a Driver Responsibility Assessment fee of $100 every year for three years. If you go over six points during that period, the fee is another $25 for every point, per year. If you get 11 points or more in a two-year period, there's a high likelihood your driver's license will be revoked. Here's a few basics to understand: You have to be convicted before the points get added, making it sometimes very much worth going to traffic court. The points are calculated from the date of the violation, not the date of conviction, which is important for calculating that two-year period. Once you pass the two-year (24-month) mark, the points don't count towards your total anymore. Even points that don't count towards your total stay on your license, however, and can be used against you by your insurance company. How Many Points Do Different Violations Give You? Some of the more common violations and their points are: Speeding: 3 to 11 points, depending on speed Reckless driving: 5 Following too closely: 4 Use of mobile phone: 5 Running light/stop/yield: 3 Passing a stopped school bus: 8 Failure to exercise due care: 5 Improper passing/lane change: 3 Are There Violations That Don't Get You Points? Parking tickets, any tickets you get as a pedestrian or cyclist, or most tickets that you might get for things related to vehicle inspections don't get you points on your license. Normally, tickets that come from a camera, even for speeding or running a red light, don't count, either. How Does the Insurance Work? The DMV doesn't have a say here, as the insurance companies keep their own records and apply their own surcharges. Even after DMV points drop off the suspension calculation, the higher premiums can continue for years. How Can I Fight Back? One way to simply lower your points is to do a DMV-approved Point and Insurance Reduction Program course, which can take up to 4 points from the total (though the points themselves stay on your record). That same course can also reduce your base auto liability and collision insurance premiums by 10% for three years. The best way to keep your points low, however, is to contest any high-point tickets or ones that would push you close to the 11-point line. Contact a Traffic Offense Attorney in Mineola, NY If you're facing a traffic conviction that could threaten your license or raise your insurance premium, call the Law Firm of Michael R. Franzese in Mineola or Central Islip today to schedule a free consulta

You were walking through a store, just trying to shop, when a patch of water on the floor sent you sprawling. If there were no warning signs posted, who pays for your losses from injury and missed work? It depends on the precise circumstances, and it's always wise to talk to a slip-and-fall lawyer here in Central Islip, NY as soon as possible to discover what all your options are and whether it's likely you have a claim against the store. The Store's Duty Since stores invite the public in to shop, they have the highest legal duty under the law towards their visitors. They must keep the floors reasonably safe for customers by regularly inspecting them and fixing or warning visitors of hazards immediately. When a wet spot appears and no one posts a sign or cleans it up, the store can be held responsible if that condition causes an injury, if the store either created the hazard, knew about it and did nothing, or should have known about it and did nothing. Examples Store Created the Issue: A store employee mops an aisle and then walks away without placing a “wet floor” sign. The store has created the danger, even if the manager isn't aware that the employee did this. If you slip on the freshly mopped aisle, the store is liable. Store Knew About the Issue: A customer spills a cup of coffee in an aisle and then goes to the front to let the manager know. The store has actual knowledge of the situation and must act. If you slip during the narrow window of time between the spill and the report (in other words, nearly immediately after it), the store is likely not liable. But if you were to slip 20 minutes later, they likely would be. Store Should Have Known About the Issue: A customer spills a cup of coffee but does not tell the manager, and neither does anyone else. Now it all depends on how long the spill sits there. Constructive knowledge of a situation means the store should have known about it as a result of doing reasonable and normal inspections. The condition must be visible and must have existed long enough for employees to discover and correct it for the store to be liable. How Your Central Islip, NY Slip-and-Fall Lawyer Proves Liability Proof usually comes from compiling and then effectively using: Photos of the area Video footage Witness statements Store records about cleanup and inspection schedules Incident reports filed at the scene Medical records that connect your injuries to the fall All these pieces together can be used to demonstrate that the store either created the wet floor or had enough time to act yet failed to warn of the hazard or clean it up. Talk Through Your Case If you've slipped in a store and been injured, contact the Law Firm of Michael R. Franzese in Central Islip or Mineola, NY for a free consultation. We serve clients throughout Nassau County and across Long Island and have more than 30 years of experience in successful personal injury claims.