Premises Liability cases are those in which injuries are sustained on the property or premises of a negligent third party. These cases often involve incidents of slip and/or trip and fall, due to a defective condition, foreign substance or object causing a person to fall and sustain serious injuries. In order to succeed, an attorney must be able to show how long the dangerous condition or substance, which caused the accident, was there and he must also demonstrate that the owner of the premises was aware of the dangerous conditions or substance before the accident occurred.

Imagine all the places you visit every day: hotels, shopping centers, businesses, apartments, and even your own home. When you step foot onto someone else’s property, you have faith that the area is safe. However, as is all too often the case in New York, people trip and fall or have other injuries while on someone else’s property. New York property owners have a responsibility to make their environment safe for others. If they fail to do so and there is an injury, they are considered negligent and you may be entitled to compensation.

There are many different kinds of incidents that fall into the umbrella of premises liability accidents. Some examples include injuries relating or due to structural design flaws, unsafe conditions, environmental hazards, and/or improper traffic patterns Other types of cases may involve defective elevators and escalators, or A negligent security guard who may be found to be responsible and liable for a serious crime or attack which could have been prevented either by reasonable security conduct or better security conditions or lighting.

Additional common incidents involving premises liabilities include:

• Slip and fall or trip and fall accidents
• Weather hazards that are not corrected, such as snow/ice on walkways
• Broken or cracked sidewalks
• Broken or unleveled, worn down steps
• Exposure to toxic chemicals
• Elevator accidents
• Escalator accidents
• Bad Lighting
• Lead poisoning
• Dog Bites

Victims of premises liabilities often receive permanent injuries and might need subsequent care, in order to take corrective action. If you are the victim of another property owner’s negligence, you may be entitled to compensation for medical bills, lost wages, future lost wages, and/or pain and suffering. Contact the law offices of Garber Legal to learn more about your legal rights and options. We will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Auto accidents and motorcycle accidents are the leading causes of personal injury in the state of New York. According to the National Highway Traffic Safety Administration (NHTSA), a motorcyclist is 15 times more likely to die in a crash than a passenger in an automobile accident. Because motorcycles lack the physical protection of a car and are often difficult to see, motorcyclists are more susceptible to injuries from other vehicles on the road, debris from road construction, potholes, inclement weather and manufacturing defects.

New York ranks sixth in the nation in the number of licensed motorcyclists. Each year there are more than 5,000 motorcycle accidents statewide, and at least 200 of those ended in death.

What to do if you are in a motorcycle accident and want to pursue litigation:

• Report the accident to authorities
• See a Doctor
• Procure all your medical records
• Notify your insurance company
• Contact legal representation at Garber Legal

Statistically, motorcycle accidents are usually the fault of the other driver, and not the motorcyclist. This is largely due to the fact that motorcycles can be difficult to see. A good personal injury attorney will be able to make sure that you, the motorcyclist, are fully compensated for injuries caused at the fault of the other driver. The results of a motorcycle accident can be devastating, and at GarberLegal we understand that victims are often left with serious injuries, large medical bills, and death. At GarberLegal we work hard to make sure that our clients feel whole and returned to normalcy, as much as possible.

If you or a loved one has been injured in a motorcycle accident, please contact Garber Legal to learn more about your legal rights and options. We will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

In New York City alone, an elevator makes approximately 500 trips a day. As a mode of transportation, most individuals trust that elevators and escalators will not cause them harm. Unfortunately, this is not always true, especially when certified inspections are neglected. Injury and even fatality can occur when such crucial inspections are not done properly.

Most injuries and fatalities caused by New York elevator accidents occur when an elevator:

• Plummets
• Gets stuck
• Suddenly stops
• Suddenly speeds up
• Stops between floors

Injuries caused by escalators and moving walkways occur when:

• They suddenly stop
• Surfaces are wet/or slippery causing a slip and fall accident
• The metal teeth become lose and more prone to hooking onto clothing, fingers, and toes

If you or your loved one has been injured or killed in a New York elevator or escalator accident due to the negligence of another, you should not be held responsible for hospital bills and loss of wages. Your rights to compensation for injuries and family fatalities can be fought for. Contact the law offices of GarberLegal to learn more about your legal rights and options. At Garber Legal we will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests. Contact GarberLegal today to help you recover what is rightfully owed to you.

Construction injuries can range in severity from minor to severe injuries that result in partial/permanent disability, paralysis, or even death. Garber Legalrepresents construction workers who have suffered work-related injuries while working at construction sites. Although individuals may seek compensation for work-related injuries through workers’ compensation, sometimes workers’ compensation benefits do not sufficiently cover all of the expenses employees incur.

Thousands of construction workers sustain serious injuries or are killed in accidents each year. An injury at a construction site may be due to the negligence of the owners, contractors, architects and manufacturers of equipment who are responsible for the safety of the site. The owner, general contractor and all subcontractors are required by law to provide a reasonably safe site, but unfortunately often safety is overlooked and accidents occur. Accidents such as a fall from a ladder, scaffold or other height are actionable, and the manufacturers of construction equipment may be liable for injuries that result from unsafe products. Workplace falls are the leading causes of deaths on construction sites with over 200 deaths a year from high falls off ladders and scaffolds. Dangerous products cases often involve defective scaffolding, unsafe cranes, power tools, forklifts, back hoes, and various other types of construction equipment.

Since construction workers are exposed to dangers on a daily basis, it is not surprising that they have some of the highest work related injuries, including scaffold accidents, mishandling of heavy loads, misuse of machinery and tools, exposures to various hazards including electricity, radiation, toxic material, and noise. The results of these exposures often includes damage to skin and other body parts, air embolisms, asbestos, Caisson disease, Silicosis, and many more diseases.

The Occupational Safety and Health Administration (OSHA) have set standards to help construction sites adequately protect their employees. Historically, OSHA has been unable to eliminate the number of injuries and deaths among construction workers. These statistics are evident in spite of the fact that the organization focuses a large amount of its funding into the enforcement of safety standards on construction sites.

At Garber Legal we zealously advocate on our clients’ behalf to maximize their recovery in construction-related accidents. We seek recovery against property owners, contractors, various manufacturers, engineers, and architects who may be held liable for our clients’ injuries.

If you or someone you know was injured on the job at a construction site in the New York City area, contact the law offices of GarberLegal to learn more about your legal rights and options. We will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Common Types of Construction Accidents
The construction industry is one of the most dangerous industries for workers, since employees are continuously exposed to numerous dangers on a daily basis. In particular, New York is a very metropolitan, urban area where multiple construction projects are simultaneously in progress, heightening the risk of construction-related accidents. Some of the types of construction accidents that commonly occur include:

• Scaffolding accidents
• Workers falling from elevated places
• Workers being struck by equipment or falling objects
• Forklift injuries
• Crane accidents
• Injuries from using power tools
• Injuries connected to the use of ladders and stairways
• Trenching and excavation-related accidents
• Electrical hazards
• Toxic exposure

For more information on different types of construction accidents and ways to prevent such accidents, please see the U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) website.

Individuals/Nonemployees at Risk of Harm
In addition to construction workers, non-employees are at risk of suffering construction-related injuries as well. People who are susceptible to injuries at construction sites include an on-site visitor, passers-by, children, and other individuals who are temporarily at the site. Depending on the specific factual circumstances, these individuals might be able to file a claim and recover against the negligent party responsible for the injury.

Safety Standards
Both New York State and the federal government have regulations regarding workplace safety. These rules establish standards that employees should generally follow to protect the health and safety of their employees. New York’s Labor Law, Article 7, Section 200 provides general provisions regarding workplace safety. Additionally, under 29 Code of Federal Regulations (CFR) 1926, the federal government has promulgated a series of regulations; some pertaining to the employers’ responsibilities of establishing safe construction sites for employees.

If you have been involved in a construction-related accident, it is important to obtain the assistance of an experienced construction accident lawyer. An attorney whose expertise includes construction accident cases can help you recover medical expenses, lost wages, and pain and suffering. Contact the law offices of Garber Legal to learn more about your legal rights and options. The attorney’s at GarberLegal will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Everyone makes mistakes. However, when a doctor or nurse or other health care provider makes a mistake, and does not adhere to the required standard of care, the results can be devastating. Medical malpractice lawyers, have seen horrific and irreversible results from the most minor and major health care decisions or medical procedures – consequences that may or may not be immediately identified. You can’t always know there’s been a medical mistake at the time that it happens

Under medical malpractice law, medical errors legally become medical negligence, or malpractice, when the error is below the “accepted standard of care” in the community where the doctor, or the other provider, is located. Medical negligence, or malpractice, allows money damages for pain and suffering, medical expenses, and other types of compensation. Medical malpractice lawyers work with victims and their families in pursuing claims both in and out of the courtroom to insure that their medical malpractice remedies under current New York law are promptly identified and demanded.

What is the “acceptable standard of care”? 
Doctors are held to meet a minimum standard of professional care and have his or her activities measured in comparison with his or her peers in the same geographical region.

New York’s medical malpractice laws provide money damages to anyone who is harmed by any medical professional, such as a doctor, nurse, dentist, pharmacologist, technician, nursing home or staff, hospital, hospital worker, or other health care provider, who makes an error that falls below the standard of practice and thereby harms a patient.

Has there been medical malpractice?
When there is an unfortunate result, it is important to know if medical malpractice is involved. If it is, then you and your loved ones have a legal claim for justice under New York malpractice laws. For some families, it is very clear that an error in health care has taken place, or that a routine procedure has turned into a fatal injury. Some malpractice mistakes are obvious to everyone: for example, giving penicillin to someone who is known to be allergic, or amputating the wrong limb. Regrettably, medical malpractice lawyers have also experienced situations where claims are not immediately recognized. Occurrences of medical malpractice are not always obvious to the average person. For example, an illness or injury may appear sometime after childbirth or surgery, and no one in the family suspects a connection between the two.

An experienced medical malpractice attorney and appropriate medical experts can conduct a thorough analysis of the case. Together, they can determine whether or not there is medical malpractice. It is therefore very important that any suspicion of medical error, no matter how remote, be investigated. Contact the law offices of Garber Legal to learn more about your legal rights and options. At GarberLegal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

What are some examples of medical malpractice?
There are many different types of medical malpractice:

• Wrongful Death
• Severe Birth Injury, Erbs Palsy, Cerebral Palsy, Shoulder Dystocia
• Failure to diagnose
• Failure to treat properly
• Diagnosing an incorrect condition
• Pursuing the wrong treatment
• Failure to diagnose cancers such as breast cancer, prostate cancer, lung or colon cancer
• Failure to order necessary tests
• Failure to properly evaluate test results
• Improper prescriptions of drugs

Are You or a Loved One a Victim of Medical Malpractice? 
There can be no clear answer to this question, in many instances. Unless the medical error is obvious, an expert in medical care will need to help you in determining (1) whether or not there may have been a serious medical error in the eyes of health care experts, and (2) whether New York law will hold this error to be medical malpractice for which you may receive compensation.

Don’t wait until it is too late: there is a legal deadline for filing a medical malpractice claim that must be met — fall outside the deadline, and your claim will be barred.

If you or someone you love may have been injured by medical malpractice or negligence, remember that time is of the essence socontact the law offices of GarberLegal today to learn more about your legal rights and options. At Garber Legal our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

The New York City Transit Authority (NYCTA) is a division of the Metropolitan Transit Authority (MTA). The NYCTA is responsible for the operation of the subway system, as well as many city busses. The Transit Authority is responsible for providing passengers with safe transportation and properly maintained transportation vehicles. If you have been injured in an NYC transit accident involving a subway, bus, or train, you may be entitled to compensation

Garber Legal encourages injured New Yorkers to take action quickly to ensure their rights to sue are not forfeited. You must file a claim with within 90 days after your accident, so be sure to call GarberLegal to schedule your free and confidential consultation today.

Proving liability in cases involving the NYC transit authority can be difficult, and at GarberLegal we diligently work on every case for every injured client.

At GarberLegal we handle public transportation accidents that involve the following:

• Subway accidents
• Train accidents
• Bus accidents
• Fires and Explosions
• Slip and fall injuries sustained while departing or boarding transportation or platform

Whether you or a loved one was injured in a train derail accident or in a subway accident, our firm has the experience and dedication to fully understand your claim and seek maximum compensation for your losses. Contact the law offices of GarberLegal to learn more about your legal rights and options. At Garber Legal we will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

New York Workers Compensation Lawyer
Were You Injured While on the Job?
Every day, employees in New York suffer work-related injuries or illnesses and face mounting expenses as a result. New York’s workers’ compensation laws provide employees some relief when suffering work-related injuries and illnesses, such as neck, back, and head injuries and illnesses related to the exposure of toxic chemicals. Workers’ compensation is a form of insurance that many employers are required to have in order to cover the expenses of injured employees and employees suffering occupational illnesses.  Employees may receive certain workers’ compensation benefits if their employers carry workers’ compensation insurance. The various types of workers’ compensation benefits employees may receive include the following:

• Cash benefits: If an employee is unable to work for more than fourteen days due to the injury or illness, the employee can receive cash benefits for the days the employee is unable to work.
• Medical benefits: A worker who is eligible to receive worker’s compensation benefits may receive necessary medical care so long as it relates to treating the employee’s injuries or illness.

Steps to Take If Injured at Work
There are several steps employees should take if they are injured at work. First, employees should seek medical attention for their injuries as soon as possible, informing the doctor of how they were hurt. If the employer does not dispute the employee’s workers’ compensation claim, the cost of medical services should be covered by the employer or the employer’s insurance carrier.

Next, the employee should notify his or her supervisor regarding the injury immediately. Employees who fail to notify their employer, in writing, within 30 days of the accident risk losing the right to workers’ compensation benefits. Additionally, workers must file claims with the Board within two years of the accident date.

Notably, workers’ compensation laws can be very complex and extensive, emphasizing the importance of obtaining legal advice from an experienced workers’ compensation attorney. Garber Legal can advise clients of their options and of the Board’s procedures for filing workers’ compensation claims.

Other Avenues of Recovery
Sometimes, workers’ compensation benefits are insufficient at compensating employees for their medical costs and other expenses. When this occurs, some clients have the option of seeking recovery against a third party who was partly responsible for causing the injury. Third parties may include manufacturers, who created the defective or poorly designed product, or equipment that caused the plaintiff’s injuries.

If you or someone you love may have been injured in a workplace accident, remember that time is of the essence so contact the law offices of Garber Legal today to learn more about your legal rights and options. At GarberLegal our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Lead poisoning is most common, and most damaging, in young children. Exposure to lead-based paint is the primary source of lead poisoning. The health risks posed by lead-based paint are serious, particularly in our cities and urban areas where housing stock is the oldest. For a child, even the tiniest amount of lead-based paint is potentially hazardous if it begins to peel, chip, or otherwise generate dust. Since no amount of lead is safe in the body, brief exposure can lead to disastrous results.

Damage to your child from lead paint poisoning is very serious and can be permanent. Very young children are at special risk because their brains and nervous systems are still developing. The Center for Disease Control and the State and City of New York consider a child lead poisoned if they have 10 mg/dl of lead in the bloodstream. In the metro area, there are thousands of children that have been poisoned by lead. The New York City Department of Health estimates that at least 30,000 children have blood lead levels of 10 mg/dl, or higher.

Most people associate lead paint with chips that flake off the walls of older homes. But the danger is much more prevalent, children can be exposed to lead paint on toys as well. Poisoning is most often the result of swallowing lead paint chips. However, breathing lead paint dust can also harm your child. Ingestion or exposure to even tiny amounts of lead can be damaging.

Take action against devastating, irreversible damage to your child’s health, or even your own.

Adults can suffer from toxic lead paint exposure as well. Resulting illness can manifest as neurological injury, hypertension, sterility, miscarriages and impotence, as well as other devastating conditions.

Compensation for injuries in lead poisoning cases can be substantial.
Lead paint poisoning can cause:

• Nervous system impairments
• Kidney damage
• Anemia
• Attention deficit disorder
• Learning disabilities
• Behavioral difficulties
• Stunted growth
• Hearing loss
• As well as a host of other more serious medical conditions, or even death

Lead paint poisoning is not always immediately obvious. Symptoms include:

• Stomach pain
• Headache
• Poor appetite
• Diarrhea
• Moodiness and irritability
• Poor coordination
• Attention deficit
• Difficulty in reading and writing
• Poor performance in school

If your residence was built before 1978, it’s possible that lead paint was used. A simple blood test can reveal whether you or your child has lead paint poisoning. If someone has been exposed to toxic levels of lead paint, they may have a claim against their landlord.

All cases involving children require special attention and care. As with all cases we handle, you can expect the prompt, professional attention your child’s matter deserves. Your questions will be thoroughly answered, and you’ll get the aggressive, careful representation needed to get your child and family the greatest monetary compensation possible.

If you believe that you or a loved one may have lead paint poisoning, contact the law offices of GarberLegal today to learn more about your legal rights and options. At Garber Legal our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

New York Assault and Battery Lawyers
Child Molestation | Rape and Sexual Assault | Police Brutality
We help all people — adults and children — who have suffered the cruelest forms of physical and psychological violence, including the victims of sexual abuse and police brutality.

At Garber Legal we understand that no amount of compensation can erase the damage caused by these obscene crimes. Our experienced and compassionate lawyers know how to help victims of assault and battery obtain closure in their cases and move on with their lives. We are dedicated to giving our clients the best possible legal representation and personal service. We truly care about our clients and treat them with the same level of respect that we give to our own families.

GarberLegal has experience with a wide range of assault and battery cases including:

• Child molestation
• Sexual abuse by priests
• Rape
• Sexual assault
• Sexual battery
• Sexual predators
• Police brutality
• Dog bites and other animal attacks
• Bar fights
• Prison assaults
• Gang violence

If you or a loved one has been assaulted contact the experienced and dedicated lawyers at GarberLegal today to learn more about your legal rights and options. At Garber Legal our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Each year, millions of innocent children and adults are seriously injured or killed as a result of dog bite attacks. If you or a loved one has suffered a dog bite, we urge you to contact Garber Legal as soon as possible.

GarberLegal will help guide you through the necessary steps and provide you with the answers and direction you need. At GarberLegal It is our goal to educate you on what to expect when you are a victim of a dog bite injury. Our firm is here to help you and has represented hundreds of dog bite injury victims. We understand your pain and suffering, and we are here to help you.

If you or a loved one has suffered a dog bite injury contact the law offices of GarberLegal to learn more about your legal rights and options. At Garber Legal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Dangerous Breeds
According to the Centers for Disease Control (“CDC”) the most dangerous dog breeds include:

• Pit bulls
• Rottweilers
• German shepherds
• Huskies
• Alaskan malamutes
• Doberman pinschers
• Chows
• Great Danes
• Saint Bernards
• Akitas

Any dog can be a good, loving pet, even if it’s considered a dangerous dog and likely to bite. You cannot determine, by breed alone, whether or not a dog is going to attack.

NY Dog Bite Law
New York State has a “one bite rule”. Under this dog bite law, a dog is allowed one mistake. Meaning, the owner cannot be held responsible for the dog’s first bite or injury to another, unless the owner was negligent in his actions to control the dog. Likewise, if the owner was in violation of various dog laws such as requiring a leash, the injured may have recourse.

The “one bite rule” does not allow one free bite to a dog that has a tendency to be dangerous. This means, if the dog bite victim can prove that the dog has a dangerous nature and the owner knew or should have known of the dog’s dangerous behavior, then the one bite rule will not apply.

Examples of dangerous propensity are:

• The dog has a tendency to snap at people.
• The owner often tells people his dog is an attack dog.
• The dog owner cautions others that his dog bites.
• The dog wear a muzzle.

Once liability is determined, the next step is to find out as much as you can about the dog and the owner, including whether or not the owner has insurance. Types of insurance policies that typically cover dog bites include:

• Homeowner’s insurance;
• Renter’s insurance;
• Landlord’s insurance (covering the owner, occupier and/or manager of property);
• Commercial general liability insurance (covering stores and other businesses);
• Insurance covering employers (protecting employees only); and
• Motor vehicle insurance.

Contact the law offices of Garber Legal to learn more about your legal rights and options. At GarberLegal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Wrongful death is the result of an individual’s negligence that leads to another individual’s untimely death.  A wrongful death case may arise in a number of different contexts, including car accidents, construction site accidents, swimming pool accidents and medical malpractice.

The goal of a wrongful death case is to get compensation to the survivors and beneficiaries for their loss.

The following types of damages are considered in a wrongful death case:

1. Sorrow, mental anguish, including loss of companionship, comfort and guidance;
2. The expected loss in income of the person who died;
3. The expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries;
4. Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting in death.

In times of grief, it is obviously difficult for family members to understand the importance of a prompt investigation of the circumstances of the death, preservation of evidence and identification of responsible parties. However it is pertinent that you contact an attorney as soon as possible as not to delay the recovery process.

If someone you love died due to someone else’s negligence, you may have a valid claim for those injuries.  Contact the law offices of GarberLegal to learn more about your legal rights and options. At Garber Legal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.

Garber Legal represents victims who sustained personal injuries as a result of a third parties’ failure to maintain safe premises. These injuries stem from situations involving:

• Tripping, slipping, and falling accidents
• Ceiling collapse
• Broken stairs, floors, and railings
• Electric shocks
• Falling objects
• Inadequate lighting
• Failure to maintain fire exits
• Property defects
• Elevator accidents
• Landlord negligence
• Failure to provide security
• Scaffolding accidents
• Lead poisoning
• Sexual and physical attacks on premises

Whatever your injury may be, if you have been injured on someone else’s premises due to the owner’s negligence, you may be entitled to compensation. Our New York City landlord negligence and premises liability lawyers provide an unparalleled personal client based service and have represented numerous clients achieving great results and helping many victims of premises liability accidents.

When it is time to speak with a New York City landlord negligence lawyer, contact the office of Garber Legal immediately. While we only accept select cases, we do devote all our experience and energy to the cases we do accept. Contact the law offices of GarberLegal today to learn more about your legal rights and options. At GarberLegal, our attorneys will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests.