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Bronx Personal Injury Blog

How can you encourage your children to respect dogs?

If you are considering getting a dog as a pet or if you have family members who own a dog in New York, it is imperative that you discuss with your children the importance of respecting dogs. With an understanding of the types of behavior that are and are not okay, your children cannot only feel safer around dogs, but their chances of being hurt because they accidentally provoked a dog are limited significantly. 

While you can surely do your best to monitor the behavior of your children around animals and encourage safe and responsible practices, there is always the chance that they encounter an animal that is stray or has been poorly trained and in turn, is acting suspicious or irritated. For this reason, enforcing rules for how your children should respond if they are being chased or attacked, is also an important topic to consider. 

Will you look guilty if you don't let police into your home?

This is a question many people may ask themselves or someone else. After all, if you believe you have nothing to hide, why wouldn't you let police into your home? The answer to that question is a simple one: You have the right to refuse them entry without a search warrant. Doing so doesn't indicate guilt. It indicates that you know your rights and want to assert them.

The Fourth Amendment to the U.S. Constitution and the U.S. Supreme Court give you the maximum amount of protection from an illegal search and seizure in your home. Just because you could allow police to enter does not mean you have to do so.

More police officers held accountable for their actions

Police brutality has been an issue for several years, disproportionately affecting people of color. Over the past few years, the public became more aware of these incidents due to mass protests, riots, social media and the Black Lives Matter movement. Then, in 2019, premiered on Netflix and illustrated the systematic targeting of even young boys to fit the crime based on racial profiling and manipulation in New York.

While these incidents do not represent the work ethic of all police officers — some of which are people of color themselves — it happens frequently enough to increasingly draw public scrutiny. Still, in many of these instances over the years, police officers walked away with little more than a suspension. This year, that trend may be changing.

Business owners must take steps to prevents slips and falls

Slipping on an icy sidewalk or falling due to tripping on an uneven floorboard can lead to a number of injuries. Business owners in New York have a legal responsibility to make sure their properties are free from hazards that can cause slips and falls, and there are different things they can do to prevent them.

According to Risk Management Magazine, the most common causes of slips and falls are wet walkways, weather hazards, unanchored rugs and floor surfaces that are in poor condition. Business owners should conduct regular inspections of the interior and exterior to ensure there are no hazards, especially in high traffic areas. The entrance is a highly used area, and there should be proper mats and cleanup methods to manage snow, rain and mud. Placing a floor mat with a walk-off area of eight to 10 feet is ideal. Other high-hazard areas to check regularly include:

  • Area around drinking fountains
  • Floor space around equipment that processes liquids
  • Stairwells
  • Walkways 

What is aggressive driving?

New York has a reputation for being home to aggressive drivers, especially in large cities. Aggressive driving behaviors may dramatically increase the chances of an accident. Even a single aggressive driver on a crowded road or highway may reduce the safety of all other people in the area. Recognizing the signs of aggression is an essential aspect of driving safely and protecting yourself when you are behind the wheel.

According to the New York State Governor's Traffic Safety Committee, the are many aggressive driving behaviors that are dangerous and increase the risk of accidents. The GTSC defines aggressive driving as operating a motor vehicle in a selfish or bold manner without regarding other people's rights and safety. Some displays of aggression, such as flashing headlights, may not be as overtly dangerous as others, such as speeding or tailgating. However, even "minor" forms of aggressive driving may make the road less safe.

Using more tech to fix distractions by tech is a dangerous cycle

Distracted driving in New York is nothing new. Long before there were smart phones, people became distracted by radio, the AC, food and maps. However, technology has certainly made the problem much worse. Could the answer to this problem be even more tech?

According to the New York Times, distracted driving killed 3,166 people in 2017. Some experts believe that safety tech features may offer a good Plan B for distracted drivers. These features include an automatic stop when the car senses a possible collision or lane departure warning systems. Phone companies, such as Apple and Google, have also taken great pains to reduce distraction by ensuring drivers do not need to take their eyes of the road to answer a phone call or play music.

What to do after a dog bite

According to the Ocean Times Herald, New York ranks ninth in the U.S. for dog bites. August 2018 marked one of the worst months for dog bites in New York and the rest of the country. While most dogs never bite, millions of Americans get bitten every year. In New York, 107 claims passed through State Farm in 2018 with payouts averaging $74,000 per claim.

After getting bitten by a dog, one of the first things people do is panic. Dog bites are not only painful, but sometimes bloody. There may also be the risk of rabes and wound infections. It is no wonder that panicking is one of the first reactions people resort to. It may be even more terrifying when the victim is a child. WebMD notes that of the 4.7 million Americans who get bitten each year, half of these are children between the ages of 5 and 7.

How safe are New York nursing homes?

If you're an adult child of an aging parent, you might encounter challenges as you help your mother or father transition to an assisted living lifestyle. Certain signs could suggest that a nursing home environment might be better than independent living for your family member. It's understandable that such transitions often spark emotional, logistical and even financial issues.

You'll no doubt review New York nursing homes before choosing a new residence for your loved one. There's no way to fully guarantee that a particular facility will have everything your parent needs. No nursing home is perfect, but every facility is legally bound to adhere to state laws and accepted safety standards when providing daily care for your family member.

Apple may be the new ally for people after a fall

Slip-and-fall accidents are common in New York. From shiny marble floors in corporate buildings to icy walkways, there are many risks people need to look out for. Most Americans are especially concerned about elderly people falling, because the consequences for them are more serious. However, anyone can become injured or even die if they talk a bad fall.

In 2018, CNBC reported that Apple had come to the rescue with fall detection built into its Apple Watch Series 4. This technology automatically identifies when someone falls and then a pop-up asks if they are okay. If the wearer does not respond, an alarm sounds to alert passersby. It also automatically calls emergency services on the wearer’s behalf. Supporters of the technology say it may be ideal for people prone to falling or who work in areas with a lot of slip-and-fall hazards.

What can trigger a malicious prosecution suit?

The indignity of being put in handcuffs, taken to jail, and put through a court trial that ultimately reveals law enforcement had no viable evidence against you in the first place can be mentally and emotionally taxing. No New York resident should be humiliated by a prosecution made on false grounds, which can be considered a case of malicious prosecution.

According to FindLaw, a person may seek redress with a malicious prosecution lawsuit if there was no probable cause to go forward with a prosecution and trial. These scenarios usually involve someone having to go through a court trial that ultimately produces no real evidence for guilt. These cases may be dismissed early by the judge, with no guilty verdict or sentencing. Nonetheless, the very experience of being arrested and tried can be humiliating and even damaging to a person’s reputation.

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

Phone: 347-773-3628
Phone: 718-655-2900
Phone: 718-655-2000
Fax: 718-655-2363
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