Hazardous

Describes motivation process for creativity with emphasis on intrinsic motivation by Corey K Katir

GAINESVILLE, Fla. — University of Florida researchers have received a $2.7 million grant from the National Institute on Alcohol Abuse and Alcoholism to evaluate whether a common medication can help women with HIV reduce their alcohol consumption and improve their overall health.

A woman was walking along a sidewalk on Leonard Street in Brooklyn. She passed a house with a garage that abutted a sidewalk. The position of the garage door indicated that the residents of the house passed the sidewalk when they bring their cars to and from the garage.

A New York Injury Lawyer said as the woman was walking on the sidewalk in front of the garage door, she slipped on ice and snow that had not been removed. Her weight was on her right foot when she suffered the slip and fall. She sustained personal injury and commenced a suit in damages against the owner of the property that abutted the sidewalk.

After discovery proceedings and before trial, the property owner moved for a summary judgment, asking that the complaint be dismissed for the failure of the plaintiff to show that there are genuine issues of fact that must be heard by a jury.

The defendants offered preliminary evidence that they cleared or attempted to clear the snow from the sidewalk in front of their garage to prevent the slip and fall. They did not create or worsen what could have been a dangerous or hazardous condition on the sidewalk.

The plaintiff naturally opposed the motion for summary judgment. She claimed that the homeowner made special use of the sidewalk as access to their driveway and garage. She also contended that the use of the homeowner of the sidewalk caused or created the icy condition on the sidewalk and caused the woman to slip and fall. She also claimed that dangerous condition is that the ice covered the cracked surface of the sidewalk that had a hole in it.

The only question before the court was whether or not there are material issues of fact that still remain and that can only be tried by a jury. A Staten Island Personal Injury Lawyer said the Court ruled that the homeowner was entitled to the summary judgment they moved for as there are no more issues of fact that must be tried.

The Court first of all stated that there is no duty on the part of the homeowner to keep the public sidewalk in front of his house in a safe or passable condition. The reason for this rule is that the homeowner does not own or control the public sidewalk. The Court further stated that there is however a legal duty imposed upon landowners whose properties abut a sidewalk to refrain from acting negligently and creating dangerous conditions or obstacles. If the homeowner takes it upon himself to repair the sidewalk that abuts his property, he may be liable for injury caused to others by the shoddy repair job. When the landowner benefits from a use of the sidewalk, a legal duty also arises for the homeowner to maintain the sidewalk with due care for the safety of passersby.

There is no allegation or evidence that the homeowner in this case acted negligently in such a way as to have created a dangerous condition or obstacles on the sidewalk. There is no allegation or evidence that the homeowner has derived a benefit from the sidewalk or has undertaken the duty to repair the sidewalk for the purpose of benefiting from the sidewalk. There is no shoe showing that the homeowner has constructed a special feature on the sidewalk although they may have regularly used it to get into and out of their garage.

There was no allegation or showing that the homeowner caused the ice to form on the sidewalk. A Queens Personal Injury Lawyer said from all indications, the ice was a natural occurrence. The woman who sustained injury was unable to show that the homeowner ever cleared the sidewalk or attempt to clear it thereby causing ice or snow to accumulate on the sidewalk.

The motion for summary judgment in favor of the homeowner is granted and the complaint is dismissed.

So suffered a slip and fall accident. Are you wondering what your legal options are? Call Stephen Bilkis and Associates today to speak with their NYC Slip and Fall lawyers who can listen to your story and explain to you what your legal options are. Are you wondering whom you can sue? The NY Slip and Fall attorneys of Stephen Bilkis and Associates can help you find the names of the persons responsible for creating the condition that caused your slip and fall. Are you wondering how much in damages you can claim? The New York Personal Injury lawyers at Stephen Bilkis can help you arrive at a figure that can cover all the actual and moral damages you suffered. Call Stephen Bilkis today, go to any of their offices in the New York area: their NYC Personal Injury attorneys can help you get reasonable compensation for the legal injury you sustained.

On September 16, 2006, a woman and her daughter were shopping in a sporting goods store at 606 West 181st Street in New York. They both got on the escalator to go to the second floor to shop. The daughter got off of the escalator and walked toward the gym clothes. She was almost at the clothes when she heard her mother fall and cry out. She turned and ran to her mother. A New York Injury Lawyer said her mother was laying on the floor of the store at the top of the escalator. Next to her on the floor were some pieces of Mango that were old, brown and mashed down onto the floor. It was evident that her mother had stepped on one and slipped causing her to fall(slip and fall).

The manager of the store ran over and began to yell at the cashiers that they should have cleaned up the mango mess. He berated them for not seeing the problem and taking care of it. He stated that it was part of their jobs to watch for spills and to clean them up as fast as possible. The cashiers claimed that they had not noticed the mango slices on the floor in spite of the fact that the mango was just a few feet away from the cash registers. When the store manager was notified of the incident, he was advised by the attorneys to secure any videotaped footage of the incident that might be on the storeas surveillance cameras. The store was equipped with numerous cameras covering the second floor where the accident occurred. The store manager verified that he had the incident on tape and was told to preserve it for court. He stated that he secured it in the safe. However, a few months later, he advised that it was not available for court because the tape had been destroyed.

The destruction of the evidence on the tape was disconcerting to all involved. The court is left to presume that the tape showed where the dropped fruit had come from and how long it had been on the floor before the accident occurred. A Brooklyn Personal Injury Lawyer said it would also have shown the accident itself. The fact that the tape has been destroyed raises more questions than it answers. The store manager maintains that it does not matter how long the fruit was on the floor because no one employed by the store was aware that the problem existed. Since there was no constructive notice given to the store employees about the damaged fruit on the floor, the manager maintains that he is not liable. Both parties agreed that sliced mangoes are sold outside of the store on a regular basis. They are served pierced on a stick so that they are easy to carry. The store has a policy that prohibits food or beverages inside the store. However, none of the employees saw anyone enter the store with the mango stick.

The store manager filed a request for summary judgment to dismiss the case against him. He claims that he did not have constructive notice that there was a hazard on the floor and that it needed to be cleaned up. A Bronx Personal Injury Lawyer said that he stated that he should be granted summary judgment because the policies are in place, and there is no evidence that the mango pieces had been on the floor long enough for the store owner to be held liable for them.

Stephen Bilkis & Associates has Personal Injury Lawyers in convenient offices throughout New York and Metropolitan area. Do not suffer if you were injured because of the negligence of others. Personal Injury Attorneys can provide you with advice to guide you through any injury. Any time that a person is injured because of the negligence of others, it is important that they obtain an attorneyas advice. By reporting a hazardous situation it is possible to help protect other people from becoming injured by the same or similar circumstances.

On December 7, 2006, a bricklayer was working on a scaffold more than 20 feet off of the ground. A New York Injury Lawyer said it was late in the day and the bricklayer maintains that he needed to use the bathroom. He informed his foreman and requested permission to lower the scaffold. He had lowered the scaffold on previous occasions so that he could use the bathroom and the foreman had not had an issue with it. However, the complainant advised that on this particular date, when he asked permission to lower the scaffold, the foreman told him that it was too late in the day and that it would put them behind on the job. He told the bricklayer to use the materials basket and have the helper lower him down in it.

The materials basket is a canvas basket that is used to raise and lower tools when they are needed. The helper told the foreman that it would not be a good idea, but the foreman ignored him. The bricklayer got into the canvas basket and the helper began to lower him to the ground. A Nassau County Personal Injury Lawyer said he was lowered about one half of a building story before the ropes gave way and the basket fell two stories to the ground below. The bricklayer was wearing a safety harness that was attached to the scaffolding, but it did not stop his fall. He sustained significant injury in the fall and filed a lawsuit against the construction company and the foreman.

This lawsuit is based on the fact that the foreman used negligence in insisting that the bricklayer use the materials basket to get to the ground to go to the bathroom rather than lowering the scaffold. This is a clearly dangerous practice and one that a reasonable man would consider hazardous. The construction company foreman disagreed.

The foreman denies ever telling the bricklayer that he should use the materials basket to lower himself. He maintains that the bricklayer took it upon himself to take that action and his subsequent injury is his own fault and not the fault of the foreman who did not give him permission for such a fool hardy stunt.

The bricklayeras wife also filed suit. Her suit alleges that she deserves compensation from the construction company because of loss of consortium. Basically, she is claiming that because her husband is injured, they are not able to continue on as man and wife. She believes that she should be compensated for that lack of consortium. A Long Island Personal Injury Lawyer said he and her husband filed a motion requesting a summary judgment of liability against the construction company because the labor laws of New York state that anyone working at an elevated height who is injured due to negligence of the company or building owner because his safety harness did not prevent his fall. He was not in violation of any orders made by his supervisor so the law says that he is entitled to summary judgment.

The owner of the construction company contends that the foremanas request for a summary judgment should be denied because the foreman testified that he did not refuse to lower the scaffold and that he knew nothing of the bricklayeras intentions to ride the materials basket down to the ground. They maintain that his conduct caused the accident and that he should be considered a arecalcitrant workera as described in the code section. A recalcitrant worker is one that is aware of the necessity for using the safety harness and lines, but who refuses to use them. The company states that this is reason for dismissal of the summary judgment request made by the bricklayer.

The Supreme Court reviewed the facts of the case and determined that the foremanas testimony in reference to the fact that the bricklayer was wearing his harness and safety line at the time of the accident undermines the contention by the company that he is a recalcitrant worker. The request for summary judgment in favor of the bricklayer was approved. The motions from the company were dismissed. The motion from the wife for compensation from lack of marital consortium is also dismissed for lack of cause.

At Stephen Bilkis & Associates, there are Queens Personal Injury Lawyers in convenient offices throughout New York and Metropolitan area. Suffering from a personal injury because of the negligence of others is difficult. Whether you have hurt in a slip and fall, a construction accident or car accident, call Stephen Bilkis and Associates for a free consultation.

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