When an establishment like a school, day care, church, or camp welcomes children to their premises, they take on both responsibility and accountability. It is a fair expectation that these institutions will keep your child safe while in their care but, if your child is injured, it is important to look further into the circumstances surrounding the injury, as insufficient supervision often lies at the core.

Cities and states across the country are experiencing a teacher shortage and New York is not immune to this struggle. In 2019, state officials determined that New York would need up to 18,000 new teachers annually², and the pandemic has hastened retirement for many. While there are no city or state mandates regarding the ratio of adults to children during recess or play time, supervision is specified in a school’s safety plan and may involve teachers, lunchroom and recess monitors, and parent volunteers. In any case, the burden of establishing and enforcing safety and supervision guidelines lies firmly with the school—or other entity that offers children’s programs.

While there is no amount of supervision that can guarantee an injury-free playground, supervisors have a strong influence on safe play and whether kids are using equipment properly. If your child is injured on the playground or sustained an injury at summer camp, contact an attorney to review the safety policy and determine whether the institution is living up to the guidelines they have established for themselves. If not, there is a case for negligence, and calling this into scrutiny is important in order to remedy the situation going forward so other children do not suffer avoidable injuries.��

Cases of negligence can be filed against both public and private schools, however if your child attends public school, you must file a notice of a claim within 90 days.��

Case Study 1

Langsam Law represented a case where an 8-year-old child suffered internal injuries when she was hit by a swing on the playground. The child was hospitalized and diagnosed with damage to her pancreas. The doctors said that her pancreas had been compromised and it was possible that there would be long-term health implications. When Langsam Law reviewed the guidelines for school policy, we found that the school was not providing supervision according to the adult-to-child ratio they had defined and documented. Langsam Law settled the case for pain and suffering based on the severity of the injury as well as medical costs.

Case Study 2

A parent approached Langsam Law after their three-year-old fell from a jungle gym at daycare, which the child was not old enough to be playing on. The child suffered a bad wrist injury that required surgery. While the ratio of adults to children was in line with the daycare’s guidelines, the age policy was not being adhered to. The daycare was negligent for allowing a toddler in the vicinity of playground equipment that they had deemed not suitable for his age. Langsam Law settled the case for medical costs and pain and suffering based on the severity of the injury and medical costs.

Note: Prior results do not guarantee similar results.

1 Source: National Center for Biotechnology Information

2 Source: NYSUT Fact Sheet 19-17:

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Using e-Filing systems, attorneys can upload documents and evidence, and virtual bench trials are being held using Microsoft Teams. In Bronx County, cases against the City of New York can be resolved by a judge in a virtual bench trial if both parties agree to forego a jury trial. While plaintiffs have the right to a jury trial, there are certain circumstances where a bench trial may be preferable, and resolution is typically a lot quicker. This pilot program began with cases against the City, because even pre-COVID, the waiting period for a trial against the City was notoriously long.

The use of remote technology has proven to be particularly advantageous for low-income individuals, who can avoid the expense, inconvenience, and childcare challenges of traveling to court. Some people, however, lack the technology to access virtual courts. This is something that New York State courts are aware of and working on to ensure fairness and access to all.

In-person operations are also resuming statewide and 46 pilot jury trials have been scheduled outside of the City. To keep up on the latest COVID developments affecting New York State courts and our justice system, bookmark . Chief Judge DiFiore issues regular recordings summarizing the progress of the court system.

Langsam Law has been operating throughout this pandemic, moving cases forward for our clients. Keep in mind that a filing against the City must be made within 90 days of the incident. If you wait, it could be too late. Contact us at 212.742.2700 to evaluate whether your case would best be heard by a jury or a judge. Our consultations are free.

New York and New Jersey are taking proactive measures to make sure the heroes who are risking their lives during this crisis will not have to pay for it down the road, issuing executive orders and passing legislation that protect doctors, nurses, and others on the front lines from lawsuits—a critical step to ensuring people continue to receive the care they need.

Other businesses may be less likely to be protected, however, and how the courts will react to these claims remains to be seen. Here are some trending news items that foreshadow a wave of litigation as the spread of COVID-19 progresses.

Class-action suits for negligence are being filed against several large cruise ship companies, including Carnival and its subsidiaries Princess and Costa Cruises, and Norwegian Cruise Lines. Passengers are banding together to file suits citing that the companies are liable for failing to notify them of previous guests exhibiting possible symptoms and not taking precautions to address the risk if a pathogen were on board. Another suit was filed by a shareholder for misrepresenting financial outlooks in the midst of the outbreak.

Coronavirus outbreaks have occurred in 2,500 nursing homes and long-term care facilities across the country with 21,000 reported cases between residents and staff members and 3,800 deaths. New York’s nursing homes have been hit particularly hard, representing one in four deaths statewide. These group homes pose an exceptionally dire threat, as most residents have underlying conditions which elevate their risk of death from the virus and many share rooms, which boosts contagion. Facilities are coming under fire for not quarantining or socially distancing residents, failing to report outbreaks to authorities, and not having a doctor onsite. The first wrongful death suit was just filed against Life Care Center in Kirkland, WA, which experienced 129 cases and 37 deaths. At the Canterbury Rehabilitation & Healthcare Center in Richmond, VA, 80% of residents have now tested positive and 45—more than a quarter of its residents—have died.

While jails and courts are striving to minimize COVID-19 outbreaks in their facilities, they are facing challenges balancing justice and containment, and states and municipalities are getting sued because of it. The Corrections Officers Union is suing New York City, saying it failed to protect officers working in city jails. And while there is no pending lawsuit that we are aware of yet, the Kings County Supreme Court suffered the tragic loss of Judge Johnny Lee Baynes due to complications from COVID-19, and it is unclear how many others, from lawyers to plaintiffs to defendants to juries, may have been infected in that crowded courtroom.

Workers may not sue their employers for injuries and illnesses incurred on the job; they are only able to claim workers’ compensation for wage replacement and medical benefits. However, estate representatives may file wrongful death claims and damages can be awarded to family members. This is something we may see a lot of in the coming months from family members who believe their loved ones were not provided with personal protective equipment commensurate with their exposure. MTA workers have been dying of COVID-19 at triple the rate of the agencies employing NYC’s first responders. 1,900 of the MTA’s 72,000 workers have tested positive and 50 have died.

Sources:

Wall Street Journal

WSB TV

Yahoo Finance

ABC News

New York Times

New York Law Journal

New York Daily News

NPR

New York Daily News

ABC News

New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

Case Study

Langsam Law represented a 25-year-old man who, prior to his accident, earned more than $1 million a year as a stockbroker. The case was turned down by two other lawyers because the circumstances clearly pointed to his own negligence—he was drinking alcohol, using drugs, and trespassing on the rooftop of a building that was clearly marked as “no access.” He then climbed up a platform and fell 12 feet from the elevator shaft to the roof of a business, sustaining injuries that rendered him a quadriplegic, unable to move his body below the neck.

However, in New York there is a statute called comparative negligence—meaning that parties can share fault. Upon investigation, Langsam Law discovered that the alarm was not attached to the door so the concierge was not notified that people had gained access to the roof. In addition, the parapet that the man fell from lacked railings that were required by New York City administrative code. This rendered the building owners negligent.

Langsam Law recovered a 50% settlement from the building for their part of the negligence. This included a substantial sum for pain and suffering based on the severity of the injury, but also factored in significant lost earnings, as the man was a young, high earner whose livelihood had been impaired and was entitled to recover for expected work years.��

Note: Prior results do not guarantee similar results.

Unlike in the U.S. where victims of negligence can be compensated and wrongdoers held accountable,��countries without the checks and balances of personal injury law can be very dangerous places. After long days of exploring, it was a real treat to retire to our desert resort and relax while overlooking the vast Namib Desert and savanna. It is a beautiful, scenic country, but not very safe–not just because of wild animals of all shapes and sizes, but because of the accommodations. Floors were prone to be slippery and basic safety measures that we have come to expect in the United States are missing. In one of our resorts we had our own private pool–which we nicknamed the “plunge to your death pool.” Perched on the edge of a rocky cliff, there was no railing, no fencing, and��the steps to lower yourself into and out of the pool were slippery. One misstep and we would have be sent plummeting down into the abyss!

Probably the most unforgettable part of our journey was the days we spent on safari. We were lucky enough to see��three��of the “Big Five” – lions, elephants,�� and rhinoceros – as well as zebras, giraffes, antelope, and kudu.��

This one-year look-back window removes all statutes of limitations for civil cases filed between August 14, 2019 and August 13, 2020. The new law also lengthens the statute of limitations for victims to file both criminal and civil cases in the future. Felony indictments can now be pursued up until a victim turns 28—a five-year extension to previous law. Civil cases will be eligible for filing until the victim turns 55 years old.

The New York court system is expecting an influx of cases, with 45 judges designated to hear them. Large institutions that have been involved in scandals for years stand to take the brunt of the lawsuits. School districts, churches, youth organizations, and cultural institutions who employed sexual predators can be found negligent in addition to the abusers themselves. This opens up some potentially deep pockets to victims, allowing them the opportunity for financial compensation for their pain and suffering.

If you or someone you know was sexually assaulted as a child, give us a call today for a confidential conversation. Despite the one-year window, victims must act quickly in order to give ample time for investigation and preparation for the case.

• Excessive drinking is responsible for more than 4,300��deaths among underage youth each year.
• People aged 12 to 20 years drink 11% of all alcohol consumed in the United States.��
• On average, underage drinkers consume more drinks per drinking occasion than adult drinkers.��More than 90% of this alcohol is consumed in the form of binge drinks.
• In 2013, there were approximately 119,000 emergency room visits by persons aged 12 to 21 for injuries and other conditions linked to alcohol.

What are Parents (or Other Adults) Liable For?��

Under��the Social Host Law, it is illegal��to provide alcoholic beverages to individuals under the age of 21, and��can hold violators liable for injuries or accidents caused by intoxicated youth. But what if you didn’t provide it, and you’re unaware that it’s happening at your home? Even if you didn’t know about the drinking, you could be on the hook for lawsuits, fines, and even jail time for contributing to the delinquency of a minor. And that’s not even considering the lifelong toll it would have on your conscience if one of the kids suffered fatal alcohol poisoning or was in a car accident that resulted in theirs or others’ deaths.��

Here’s another twist:��New York has a “permissive use��doctrine,” which states the owner of a vehicle may be held responsible if they gave either express or implied permission for another person to drive the��car��and an accident subsequently occurred. That means, regardless of where a kid was drinking, if they’re driving your car, you have liability for the consequences.

If you’re thinking “not at my house, not in my car, not my kid,” take another gander at those statistics and consider a serious sit-down talk about how irresponsible behavior could not only get them in trouble, but could land YOU in jail.��

If you find out that an accident has happened due to underage drinking at your home or your child has been arrested for an underage DUI, call an attorney immediately.��In the meantime, make sure your general liability coverage is current.��

Data Source: