How is Sexual Harassment Defined in New York?

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Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you should take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically. Employers may not discriminate against anyone on the basis of gender, among other protected characteristics, while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. Prior to filing a claim, you may wish to contact an attorney who specializes in employment matters.

If it has taken you awhile to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

How can I prove my injury was caused by someone else’s negligent actions?

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‘Negligence’ is a fairly broad term which can be confusing if you have recently suffered an injury for which you believe another party bears some responsibility. In short, a person is negligent if they have failed to meet the behavioral standards to protect you from harm which could have been prevented had they met those standards. If you are confused by what negligence means in regard to your situation, take a look at some common examples.

Car Accidents

Car accident negligence includes various reckless actions by the driver who caused the crash, such as cell phone use while driving, running a red light or stop sign or driving under the influence. Since the driver responsible for the accident could have prevented it by not engaging in careless or reckless behavior while driving, they are considered negligent and bear some responsibility for the injuries and harm caused to the other drivers involved.

Slip and Fall

A person is not necessarily entitled to compensation for injury and loss just because they fell on someone else’s property, as any negligence lawyer will tell you. Whether the property owner is negligent depends on what caused the slip and fall. For example, if you tripped over a clear door-frame that is in good condition, because you were distracted, the property owner is not responsible for any injuries. But if you are injured because your foot goes through stairs the owner has failed to repair or maintain, the owner may be liable for negligence for failing to act.

Dangerous Products

Manufacturers have a duty to produce items that perform in a reasonably safe way. A car maker, for instance, is expected to produce cars without defects which are dangerous. So, if a car manufacturer releases a model that has faulty brakes, it may be liable for negligence when drivers of the car are hurt because they cannot stop properly.

Do You Have a Case?

Essentially, you should always speak to a negligence lawyer before deciding whether you have a reason to go to court. A person with legal knowledge is better suited to determine the merits of your case. In the broader sense, if you are not at fault in whatever caused your injury but someone else is because they failed to behave reasonably, you probably have a valid case for negligence in court and are entitled to compensation for your pain, suffering and other losses, such as wages lost because of your condition.

Types of Motorcycle Crashes that Result in Personal Injury Cases

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Motorcyclists may end up in accidents on the road resulting in serious personal injury, this stems from the small size and weight of most motorcycles compared to other cars on the road.  When a motorcyclist is in an accident there is a better chance of a motorcyclist suffering personal injuries than the driver of a car.   Here are some types of accidents which can occur when riding a motorcycle, which can also result in a personal injury:

Unseen changes in the lay of road

Changes in the road may affect a motorcyclist to a greater degree than the driver of a car due to the size and weight of the vehicle.  It can lead to accidents as a sudden turn in the road could be a surprise and you may be going at a speed which doesn’t allow for you to slow down and properly negotiate the turn.  Similarly, the conditions of roads can change from one hour to the next.  A spill of some liquid or rain could make the road slippery at a bend which you are unaware of, or a fallen tree could appear out of nowhere so take caution when riding around curves. Accidents which occur because of unseen changes in the road can lead to personal injury.

Collisions at intersections

When you come to an intersection on a motorcycle other drivers may not be looking for a vehicle of your size when turning into the next traffic lane. It is very important to try and be vigilant of other cars which may not see your vehicle.  Even the most cautious of motorcyclists cannot expect every turn that drivers make, so it is important to be comfortable with your bike and understand how to control it for these close situations.  Because of the size of your vehicle, even though the other driver may be at fault, you could end up with the more severe injury because of the lack of safety features available to motorcyclists.  Collisions which occur at intersections can lead to serious personal injury.

Collisions on the road

If you are riding your motorcycle on a highway or road other drivers may not be expecting a vehicle of your size and speed and although they may seem to be paying attention, the driver may switch lanes, slow down or speed up for any reason at any time.  It is very important to anticipate and take caution when riding your motorcycle.  In the case that you try to pass a car,  be wary that the driver of the other car may not see you attempting to pass so make sure that your line of sight is unobstructed and there is no one in the other lane who could turn your attempt to pass into a fatal accident.  Similarly, pay attention to the car in front of you, as well as the car behind you, at all times.  You never know when they are going to have to stop, or attempt to pass you, and you taking notice could be the difference between life and death.  In the case that another driver on the road does cause you to crash there is a strong likelihood that personal injury will occur.

If you have been involved in any of these types of accidents and need an attorney, please do not hesitate to contact our office with questions.

How can a lawyer help me if I am being sexually discriminated against at work?

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There are many different types of discrimination that can happen in the work place. If you think you are being sexually discriminated at work, it is best to seek the advice of an attorney experienced in the field of employment discrimination. For example, states have different laws against discrimination that may vary widely, so depending on which state you live in, there maybe different laws that apply to you. There are complex laws that may apply to different types of discrimination, and an attorney can help you understand the legal system and which laws would apply to your particular situation.

There are also Federal anti-discrimination laws, and perhaps before speaking to an attorney, it may be beneficial to review some of these laws to see if any apply to your particular case. For example, if you believe you are being sexually discriminated against at work, you may want to review a brief synopsis of Title VII of the Civil Rights Act of 1964: 42 U.S.C., which is a federal law that prohibits discrimination during your employment on the basis of race, color, national origin, sex, and religion.

Sometimes, discrimination cases involve a great deal of emotions, especially if it involves sexual discrimination. A lawyer can help you to sort through your emotions during this very difficult time, and separate your emotions from the boundaries, which are set up throughout the legal system. Lawyers are here to help protect your rights within the system, which at times can be very overwhelming to someone who may have never had contact with the legal system before.  A lawyer can help you to remain focused on the bigger picture and your future during a stressful time. Since a situation such as sexual harassment should not be taken lightly, it is very important that you seek out a lawyer who will work with you to understand your rights and needs as well as assist you in making sure that your rights are protected.

There are some steps that you can take before speaking to a lawyer, which would be beneficial to both you and your lawyer helping you with your case. You could review your company’s discrimination policy and try to research and review state and federal anti-discrimination laws. This will allow both you and your attorney to get the most out of your conversations.

An attorney well versed in employment discrimination matters can help you understand your rights and help determine if you have a claim – to speak to one of our attorneys, call us at 212-353-8700 today.

How do New York courts assess fault in personal injury cases?

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Personal Injury refers to an assault to the physical and mental well being rather than to property. Each state varies in assessing fault in an accident. In shared fault cases, the defendant being held liable for the incident may claim the victim holds some blame. In such cases, New York follows a “pure comparative negligence rule.” This rule states the amount of damages awarded will be reduced proportionally to the victim’s fault in the incident.  Additionally if a person falls victim to a motor vehicle incident, compensation may be limited due to New York State’s “no fault” law. This law forces victims to collect from their own insurance policies first regardless of who carries blame in the accident if the injuries sustained are not serious enough to qualify for a lawsuit.

In cases involving government negligence, New York State follows a different set of rules in order for a victim to recover damages. In such incidents, a victim will only have 90 days to file a formal claim and one year to file a lawsuit against the city. Lastly in personal injury cases involving dogs and other animals, New York does not have any specific law regarding liability. However the “one bite rule” states the owner may hold responsibility in an injury caused by their animal if the owner had known or should have known the animal was dangerous. If the particular breed or recent behaviors of an animal suggests behavior that could potentially be harmful to others the owner may be held at fault after an incident resulting in a personal injury case. But if the dog had never inflicted a bite before there might not be liability.

It is important to keep in mind after such incidents that each state has a varying statute of limitation. “Statute of limitation” refers to the maximum time in which a victim can bring a personal injury case to court. In New York, for personal injury cases the injured person is given three years from the injury date to file a lawsuit.  If a case in not filed within the time limit the victim will lose the right to file a personal injury claim.

If you wish to learn more about how New York assess fault in personal injury cases, speak to an experienced and professional attorney to help you understand your rights – call 212-353-8700 and speak to one of our attorneys today. 

How does New York determine medical negligence?

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Medical negligence, also known as medical malpractice is defined as improper or negligent treatment of a patient by a doctor, nurse, or other medical professional.  Law suits involving medical negligence are seen as a way to police the medical profession. If you are alleging medical negligence, you must prove four elements; first you must prove that a duty of care was owed by the medical professional. Second the standard of care was violated, third the injury you are alleging is compensable, and fourth the injury was caused in fact and proximately caused by the substandard conduct.

The first element is not difficult to prove as physicians or medical professionals owe a duty of care to whomever they treat. Causation can be a difficult element to prove, as you must be able to show sufficient evidence that the actions taken by the physician caused the alleged injury. Most physicians allege that injuries are not caused by their own negligence but by another contributing factor such as pre-existing physical conditions. The proof of injury can include both the physical and emotional effects of the treatment.  The amount of money the injury is worth is usually highly debated. There are also different standards that they apply in different states. Most states apply a standard where they look at the practice of local medical professionals; this is referred to as the locality rule. There are other states that look to the national standard of the medical profession.  If a medical professional has failed to follow these standards then this could be evidence of negligence.

Some states will not determine that a physician has been negligent if the physician or medical professional had to choose between different methods of treatment or in diagnosing a condition. This is referred to as the respectable minority rule. New York State uses the locality rule, where a doctor must exercise a reasonable degree of skill and knowledge as possessed by others who practice the profession within that geographic region. A doctor must use his or her best judgment and superior knowledge and skill even if it exceeds that of other doctors in the region where he or she practices (Nestrowich v. Ricotta, 767 N. E. 2d 125 (N. Y. 2002). If you think you may have a medical negligence claim, it is important that you contact an attorney well versed in medical negligence to help you assert your rights and obtain adequate compensation for your discomfort or loss.

How Can I Seek Damages from Defective Drugs?

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Do you believe you have been injured as a result of defective medication? Has a doctor told you that you are suffered injuries as a result of certain medication you are or have been taking?

Defective drugs

imagesWhile many drugs are on the market to help alleviate pain and other symptoms, some drugs cause serious adverse side effects. If there is evidence that the manufacturer of the drug knew about adverse side effects and failed to warn consumers about these, you may be entitled to recover damages if you took that drug and suffered adverse side effects.

Determining liability

Defective drug cases are difficult to prove for a variety of reasons. One of the most difficult aspects to overcome is proving that a particular drug was the cause of an injury. In many cases, FDA warnings may help with this, but an FDA warning is not definitive indicator of liability. Another obstacle to overcome is the statute of limitations. Every state has a strict time limit within which a claim for injuries must be brought. If a claim is not made within the statute of limitations window and no exception exists, you may be forever barred from making a claim for your injuries.

Causes of action

The three major causes of action against drug manufacturers are failure to warn, manufacturing defect and design defects. Failure to warn is where the manufacturer fails to warn consumers of a particular danger. Manufacturing defects which result in injury due to a flaw in the manufacturer process, which results in a product which does not conform to the manufacturer’s specifications, are a second cause of action which can be brought. Finally, a design defect claim can be made where there is a flaw in the design of a drug which makes it unreasonably dangerous.

Determining if you have a claim

If you believe you have been injured as a result of a defective drug, it is important to seek medical attention right away. Health and safety should always be your number one priority. After you obtain the appropriate medical attention, you should contact an attorney to see if you may have a claim against the manufacturer of the drug. It is important to note that claims regarding defective drugs are difference than medical malpractice claims where you believe a doctor has not met the standard of care required.

Each individual’s circumstances are unique and if you are interested in a consultation, please do not hesitate to contact our office at 212-353-8700.

Can You Help Me Make a Personal Injury Claim?

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Have you been injured? If you were involved in a slip and fall accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in slip and fall accidents. Many other individuals are injured each year in car accidents. Have you suffered an injury as a result of someone else’s negligence, carelessness, or recklessness? If so, we can help you make a claim.

Important information

In order to help you bring a claim, we will need certain information from you. While you may not have all of this information, the more information you can provide, the better we will be able to assist you. Pertinent information will include the date and location of the accident, the nature of our injuries, any medical records which may be relevant, the police report (if applicable), and any information you have regarding the individuals and/or companies you believe were involved in the accident.

Making a claim

Our office will help make the claim on your behalf. It is important to know that there are strict time limits for making claims. Depending on the type of accident, there may be multiple deadlines which must be met and you cannot miss these deadlines.

Depending on the circumstances, our office may send a claim letter to the responsible parties. In other cases, it may be best to file a lawsuit. Our office prepares claim letters and complaints for personal injury matters routinely. We are knowledgeable about which facts should be included in these documents. We must properly allege the facts and causes of action.

Trust and Dependability

Most importantly, if you have been injured in an accident and wish to pursue a claim, you should have an attorney who will advocate for your rights. You should feel comfortable with your attorney and know that you can rely and depend on them. Your attorney should be responsive to your questions. While you will not meet with your attorney on a daily basis, it is important that you are kept up to date regarding your case.

An attorney experience in personal injury litigation can help to obtain the most favorable results. You should seek a firm who has experience in handling your type of case. Each case is unique but experience with similar cases can help a firm obtain the most favorable result possible. You may want to select a lawyer who has represented other individuals with claims similar to yours.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us at 212-353-8700.

Can I Protect Myself from Employer Retaliation?

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Some employers may decide to retaliate against their employees for opposing an act of discrimination in the workplace. Employer retaliation is not legal as long as you are a covered individual, opposing adverse action on the part of your employer and the manner in which you choose to oppose your employer is a protected activity. You can protect yourself from employer retaliation by becoming informed of the appropriate actions to take and knowing your rights. Employers are not allowed to fire, harass, demote, or “retaliate” against an employee for filing a charge of discrimination or opposing discrimination. The Equal Employment Opportunity Commission (EEOC) has laws that protect against retaliation. In addition, so does the Americans with Disabilities Act (ADA), which protects individuals from coercion, intimidation, threat, harassment, or interference in the exercise of their own rights or their encouragement of someone else’s exercise of rights granted by the ADA.

Being a Covered Individual

To be considered a covered individual you must be opposing or have opposed unlawful practices or have participated in the proceedings, which deal with employment discrimination based on race, color, sex, religion, national origin, age or disability. If you are closely associated with someone who is opposing employment discrimination you would be a covered individual. For example a close relative or friend. However, you would not be a covered individual if you are challenging your employer’s ethical or financial practices, this only applies to employment discrimination.

What is Adverse Action?

Adverse Action is an action that would try to prevent you from participating in an employment discrimination claim or proceeding. Some examples of adverse action would be termination, refusing to hire someone, or denying a promotion. You could also experience threats, negative reviews, negative references, or increased surveillance. You may also encounter unjustified civil or criminal claims to try and prevent you from pursuing your rights. Adverse actions are not petty or negative comments made, and if you have filed an EEOC claim against your employer it does not excuse you from performing your job, or from following workplace rules.

What is Protected Activity?

Protected Activity is when you inform your employer that you believe they are engaging in discriminatory behavior in the workplace. Your opposition should be based on a reasonable good faith belief that the behavior is violating anti-discrimination laws. Some examples of protected activity would be complaining to anyone about the alleged discrimination, filing a charge of discrimination, picketing in opposition to the discrimination, and refusing to obey an order you reasonably believe to be discriminatory. Non protected activity would be any activity that is unlawful or participating in activity that would interfere with job performance.

If you wish to learn more about what you can do to protect yourself against employer retaliation, speak to one of our experienced and professional attorneys to help you understand your rights.