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Bronx Personal Injury Blog

The use of excessive force is a violation of your rights

Law enforcement officers in this country, including here in New York, may use force when necessary to protect themselves and others. They can do this without fear of reprisal. Otherwise, they would not be able to adequately perform their duties.

However, the force used cannot be more than necessary to control the situation, and protect themselves and everyone else. Police officers must use as little force as possible to do their jobs, but sometimes, officers will go beyond that and use excessive force, which would be a violation of your rights under the Fourth and Eighth Amendments to the U.S. Constitution.

Cellphone video age bringing light to police brutality

In 2015, just a few hours’ drive south of New York, residents of Baltimore rioted in protest over police brutality. As the riot grew more and more out of hand, residents set fires to buildings and cars. Baltimore burned for two days. Experts say the rage had simmered for years as residents filed more than 100 lawsuits alleging police brutality between 2011 and 2014.

New York has had its own problems with police brutality over the years, including several allegations of corruption and false arrests. Many people now wonder if cellphone video footage is the answer. While footage from police bodycams do not always surface, many people live stream police interactions on Facebook, Instagram and YouTube to protect themselves.

What counts as a dog-related injury claim?

At Belovin Franzblau & Associates, P.C., we understand how important it is to receive compensation for the medical bills, emotional duress, lost income and pain and suffering you may have experienced after a dog-related injury. According to CNBC, New York has one of the highest numbers of claims for dog bites in the country. The average cost per claim is also the third-highest in the country. The total value of claims totaled roughly $41.6 million in 2017. In addition to this, claims have been on the rise and payouts have skyrocketed.

While dog bites tend to be the most newsworthy, they are not the only incidents you can make a claim for. Even dogs who are not aggressive may cause injury to others by being too playful or because of their large size. For example, a large dog could playfully jump up on an elderly person and cause them to fall down the stairs. Similarly, a dog may startle a passing bicyclist, causing them to fall of their bike and injure themselves. These fall under the category of dog-related injury claim.

Are some dogs more aggressive than others?

Some dogs have a reputation for being more aggressive than others. For instance, you often hear reports of terrifying attacks by pit bulls, which leads to claims that these dogs are the most aggressive. But is this actually true? The Morning Call looks into these claims, which may help you protect yourself against a potential dog attack. 

It's difficult to rate dog breeds according to aggressiveness. This is because there is no national database regarding dog attacks, which makes it difficult to identify a meaningful pattern. However, some research shows the more popular a breed, the higher the rates of attack. One study reviewed worldwide dog bite injuries over a 40-year period and compiled a list of those canines most often cited. This list includes Rottweilers, German shepherds, collies, pit bull mixes, Jack Russell terriers, and Labrador retrievers, among others. 

The Right to Know Act: An overview

Even if you didn’t break the law, interacting with police can be intimidating. You may feel like there’s a power imbalance, and you might not be sure what your rights are. Thousands of people deal with police each day in New York City, and a recently enacted law wants to make those interactions go more smoothly.

Creation of the Right to Know Act was in response to aggressive police tactics that courts found illegally discriminated against African-Americans and Latinos. The new law aims to make sure anyone stopped by police is aware of their rights.

What causes an elderly person to wander?

Older people who suffer from Alzheimer’s or another form of dementia may inexplicitly start wandering about. Their journey could take them anywhere through a home, a building or somewhere outside, which can be very dangerous particularly if they are infirm and unaware of where they truly are. If you have a senior relative who resides in a Bronx nursing home, it is important to know if your loved one has a problem wandering.

Although outside observers may think an elderly person wanders for no reason, as dailycaring.com points out, there are actually many reasons an older person may wander. Sometimes a wandering senior has a specific purpose, such as finding a particular person to talk to about a matter, but then the senior gets lost or forgets what he or she was doing. Conversely, a senior may just be bored and is looking for something to do.

Avoiding a fatal construction site fall

New York construction sites are plentiful these days, from Essex Crossing and Manhattan West to Bronx Point and Flushing Commons. Although these projects are huge, construction injuries can affect you, no matter how large or small the site. At Belovin Franzblau & Associates, P.C., we have more than 45 years of experience filing third-party injury claims for negligence, faulty equipment and unsafe workspace.

ConstructConnect, Inc. reports that there are four primary safety hazards responsible for worker fatalities on a construction site, with fall hazards being the most common cause of death. Improper scaffolding construction or ladder use, unprotected openings and edges account for the majority of falls. OSHA requires protection if you are working higher than six feet and when completing tasks above dangerous machinery and equipment.

Anxiety following a motor vehicle collision

While many people realize the physical consequences of traffic crashes, such as broken bones and head injuries, the emotional toll can be extremely difficult as well. To make things worse, the mental hardships that victims may have to face can be difficult to detect and others may be unaware of the challenges that a car accident victim is struggling with. Some people become depressed after a crash and others may develop an anxiety disorder. Sadly, high levels of stress can prevent victims from fully recovering and may interfere with their lives in all sorts of ways.

Accident-related anxiety can prevent victims from driving in the future, and some may even be unable to work for a certain period of time. If someone’s job revolves around driving, they might even need to find a new line of work, which can be even more emotionally upsetting and introduce financial challenges. Other challenges related to anxiety include difficulty in personal relationships, having a hard time sleeping at night and losing interest in activities that one used to enjoy.

How can I avoid being in a car crash with a semitrailer?

Crashes involving semitrailers can be devastating. They can destroy property and cause life-altering injuries or death. Because of the significant size and weight differences between semitrailers and passenger vehicles, most of the deaths in large truck crashes occur to occupants of passenger vehicles. Although truck drivers have strict rules to follow to help keep motorists safe, safety is a responsibility everyone on the road must share.

What causes this type of crash?

How you can prevent dog bites

Dogs can be a joy to their owners and others, but when put in certain uncomfortable situations, some dogs react by barking or even biting. If you live in New York, it is a good idea to know which breeds are more likely to bite and what things you can do to prevent getting bit.

According to the Canine Journal, about one out of 69 people are bit by dogs every year, and around 800,000 of these victims require medical attention. The dog breeds that tend to bite more often include:

  • Bull Terrier
  • Chihuahua
  • Australian Shepard
  • German Shepard
  • Pekingese
  • Lhapso Apso
  • Bulldog
  • Jack Russell Terrior
  • Pit Bull
  • Cocker Spaniel
  • Papillion

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Belovin Franzblau & Associates, P.C.
2311 White Plains Road
Bronx, NY 10467

Phone: 347-773-3628
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