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Bronx Personal Injury Blog

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.

It is time to consider alternatives to nursing homes

When the elderly can no longer care for themselves in New York, their children or younger siblings may place them in nursing homes. Ideally, this helps to ensure the elderly receive the care and medical attention they need. Too often does the opposite prove true. Over the past few years, CNN published numerous articles and reports regarding the dismal state of nursing homes in America.

One CNN article published in 2018 calls attention to nursing homes that overmedicate residents with dementia by using antipsychotic meds. The news agency estimates that 179,000 people living in nursing homes on U.S. soil receive antipsychotic meds every week. Note that the FDA does not approve the use of these medications for dementia. In fact, it may cause low blood pressure, high blood sugar, nervous system problems and doubles the risk of death.

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.

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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
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