Could You Be Liable for Someone Else’s Conduct?
Q. Can a person ever be held liable for injuries caused by someone else’s conduct? As a general rule, the law holds each person responsible for the consequences of his or her own actions – if your intentional or negligent conduct results in injuries to another person, you may be held civilly liable for the…
The Basic Steps of Litigation
Q. What are the basic steps involved in the litigation of a civil case? The New York State court system provides an orderly process for the adjudication of civil disputes between parties. All sorts of civil claims may be the subject of litigation – personal injury lawsuits, breach of contract actions and other commercial claims,…
What the Law Says About No Trespassing Signs
Q. Am I obligated to post “no trespassing” signs on my private property to keep people out? Trespass is best understood as the intentional entry onto the land of another without permission or justification. In New York, trespassing on the lands of another may result in criminal liability under the Penal Law, and may also…
Your Liability for Your Animal’s Behavior
Q. Can you address any legal developments regarding an owner’s liability for farm animals which wander onto a public highway and cause an accident? A. To update an issue that we addressed in a column last year, a recent decision by a New York appellate court has cast considerable doubt as to when, if ever,…
Can a Release of Claims be Set Aside By the Courts?
Q. Are there any circumstances in which a release of claims can be set aside as unenforceable? A release is a legal document entered into between two parties to resolve actual or potential claims between them. Basically, by signing a release one party agrees to give up or waive the right to pursue a claim…
Understanding the Statute of Limitations for Your Claim
Q. I think I may have a legal claim. How long can I wait to decide whether to file a lawsuit? Every claim that might be the subject of a lawsuit or other court proceeding must be brought within a specified period of time – referred to as a “statute of limitations.” If the claim…
How Long Will Your Personal Injury Case Take?
Q. How long does it take to litigate a personal injury lawsuit from start to finish? While that is a perfectly fair question (and one which is frequently asked by prospective personal injury clients), it is also a very difficult question to answer for any personal injury lawyer – other than to note that the…
What Federal Courts Have to Say About the SAFE Act
How does the Federal Court’s recent decision affect New York SAFE Act? A previous edition of this column addressed the New York Secure Ammunition and Firearms Enforcement Act, more commonly referred to as the NY SAFE Act. The SAFE Act was enacted on January 15, 2013, only weeks after the shooting at Sandy Hook Elementary…
How to Limit Your Liability When Offering Horseback Rides
I offer guided horseback riding to the public for a fee. Can I limit my liability by requiring riders to sign a release? While horseback riding has always been a popular recreational pursuit, the activity presents a number of inherent risks of injury that are simply beyond the control of even the most careful owner…
SAFE Act Creates New Obligations for Gun Owners
What new obligations does New York’s SAFE Act impose on gun owners? On January 15, 2013, Governor Cuomo signed into law the New York Secure Ammunition and Firearms Enforcement Act, more commonly referred to as the NY SAFE Act. Described by Governor Cuomo at the time as giving New York State the “toughest” gun control…
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