personal injury attorney

Accident Reconstruction, Security Deposits, and More in This September Episode of Our Radio Show

By Girvin & Ferlazzo, PC / October 10, 2017

On this September episode of the Girvin & Ferlazzo Law Show, hosts Daniel Rubin and Kaitlyn Schwendeman focus on the area of auto accidents with a special guest to the show while also taking calls from listeners. They also celebrate the arrival of a new baby to the law office family and the creation of the new theme song for the show! The weekly radio show airs every Saturday on…

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Are You Liable When Someone Is Injured On Your Property For Recreational Purposes?

By Girvin & Ferlazzo, PC / September 29, 2017

Q.If people to use my property for recreational purposes, can I be held liable if someone becomes injured? Except in very limited circumstances, New York law limits the liability of property owners for injuries sustained by others who use the property for recreational purposes. As a matter of common law, property owners in New York…

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Could You Be Liable for Someone Else’s Conduct?

By Girvin & Ferlazzo, PC / September 15, 2017

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…

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The Basic Steps of Litigation

By Girvin & Ferlazzo, PC / August 25, 2017

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,…

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What the Law Says About No Trespassing Signs

By Girvin & Ferlazzo, PC / August 20, 2017

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…

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Your Liability for Your Animal’s Behavior

By Girvin & Ferlazzo, PC / August 15, 2017

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,…

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Can a Release of Claims be Set Aside By the Courts?

By Girvin & Ferlazzo, PC / July 25, 2017

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…

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Understanding the Statute of Limitations for Your Claim

By Girvin & Ferlazzo, PC / July 20, 2017

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…

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What Federal Courts Have to Say About the SAFE Act

By Girvin & Ferlazzo, PC / June 30, 2017

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…

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How to Limit Your Liability When Offering Horseback Rides

By Girvin & Ferlazzo, PC / June 27, 2017

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…

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