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.

Most recently, protests have been held in cities around the country, both to support the reopening of the economy and to denounce the use of excessive force by police officers. Regardless of the topic, Americans have the constitutional right to protest based on their first amendment rights to freedom of speech, assembly, and association.

Law enforcement agencies generally have policies for use of force, and they fall along a general 5-level continuum issued by the National Institute of Justice¹:

1. Officer Presence
2. Verbalization (non-physical force)
3. Empty-Hand Control (officer uses bodily force to gain control of the situation)
4. Less-Lethal Methods (includes use of batons, sprays, and projectiles)
5. Lethal Force

In a peaceful protest, moving beyond the first level, officer presence, is rarely needed, as the protests pose no harm to the officers or surrounding citizens.

Langsam Law has had two clients come forward with claims of excessive force in the past week. One client is a 22-year-old man who claims he was peacefully standing on the side of the street when police officers approached him, put him in a chokehold, pulled off his mask, sprayed him in the face with pepper spray, and jailed him in a cell with 50 other people for 20 hours before being released.

The second client is a 24-year-old woman who was in Union Square with her boyfriend. The police were herding the crowd into the park, but she was holding back as she and her boyfriend had gotten separated. An officer allegedly hit her with a baton, fracturing her hand, which may require surgery.

Law enforcement officers have their jobs to do and maintaining order is crucial to public safety. However, it is their duty to act within the confines of the law. Should an officer use excessive force, it may be a case of negligence and victims are entitled to compensation for physical and/or psychological damages suffered from the encounter.

Source:

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.

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.

The Department of Education’s safety protocol requires legal guardians to fill out a green card listing the individual(s) authorized to pick each child up from school. School employees must then verify the individual against the green card before the child is released. This prevents not only abductions by strangers, but also kidnappings by estranged parents or acquaintances whom the child may trust. ��

Take precautions by making sure your child’s school pickup card is up to date, and introduce any authorized pickup parties to school staff to make sure they have a clear idea of who may pick up your child.

Case Study

The parents of an 8-year-old girl came to Langsam Law after their daughter was sexually assaulted by someone who was not authorized to pick her up from school. The child’s mother called the school and told them she would be late picking the child up. Meanwhile, the babysitter of another child in the class volunteered to take the child home, and the school released her. The babysitter then took the child to the bathroom and sexually assaulted her. The NYC Department of Education ended up settling with the family for pain and suffering and emotional distress.

Note: Prior results to not guarantee similar results.

Here are the key timeframes you need to be aware of:

• If the snow��stops falling between 7am and 4:49pm you must clear it��within 4 hours.
• If the snow��stops falling between 5pm and 8:59pm you must clear it��within 14 hours.
• If the snow��stops falling between 9pm and 6:59am you must clear it by��11am the next day.

Keep an eye out your window so you can be sure to comply! Fines range from $100-350, but liability issues can be much more expensive. Remember, if you slip or trip on a property, regardless of whether it is outside of the required snow removal window, you should contact an attorney immediately.��

1. Be Aware of Your Surroundings While you may not be to blame in a slip-and-fall accident, your best bet is to avoid injury altogether. Be on the lookout for black ice, snowbanks that have formed at crosswalks or the end of driveways, and wet floors in building entries. Carpets that have been laid down for safety can also become bunched, creating a tripping hazard.
2. Know Your Rights Building owners and municipalities carry a��responsibility for taking��reasonable precautions against slips and falls, including the placement of adequate warning signage and floor mats. Read more about their liability >>

3. Take Photos If you see a dangerous situation, take photos and mention it to the property manager. Again, the best bet is to avoid injury to you and others. However, if a slip- or trip-and-fall incident occurs, having photos of the scene will go a long way in supporting your case—or a neighbor’s. Read more about how taking photos could make your case >>

4. In the Event of Injury, Contact an Attorney Immediately The general statute of limitation for lawsuits related to trip-and-fall, slip-and-fall, and automobile accidents is three years, but there are multiple reasons why waiting that long could cost you your case! Read about them here >>��

5. Don’t Assume You Have to Deal With This On Your Own Slip- and trip-and-fall cases can cause serious injuries, and cases against negligent parties can result in significant compensation for damages. Langsam Law recently went to court for a trip-and-fall case where our client was awarded $450,000. Read about the case >>

Have you or someone you know been injured in a slip- or trip-and-fall accident? Contact Langsam Law at 212.742.2700 today for a free consultation.

Note: Prior results do not guarantee similar results.

Mother of Two
Our client was living in a family shelter with her two children, and was required to have regular meetings with a case worker in order to be able to stay there. On three separate occasions the case worker sexually molested her during these meetings. She was afraid to speak up for fear she would be thrown out of her apartment. Because of the trauma caused by this abuse, she has chosen to have Langsam Law mediate her case against the shelter for failing to vet and supervise this employee. It is important to know that mediation is a very effective option for a civil case, and in cases of trauma or humiliation, it is often more preferable to victims than the prospect of retelling their experience in detail in front of a jury and judge.

Child-on-Child Attack
In this saddening case, a five-year-old girl sexually assaulted a five-year-old boy in a school restroom. The boy’s family brought a case against the school district for several counts of negligence. First, the school had a written policy that children were to be accompanied by a “reliable bathroom buddy of the same gender.” Second, the girl had been deemed “hyperactive, oppositional, and physically aggressive to other kids in the class” and suspended for 45 days of the school year due to her discipline issues, deeming her unreliable and obviously not of the same gender. Third, a security guard was stationed outside the bathroom and did not enforce the bathroom buddy policy. Langsam Law settled this case against the school district for the young boy and his family.

If you have been the victim of sexual harassment or assault, please step forward and say “me too.” We would be honored to help you bring your assailant to justice and protect others from the same traumatic experience you endured. All meetings are subject to attorney-client privilege and completely confidential.

Note: Prior results do not guarantee similar results.

On June 1, 2014, Daniel St. Hubert��was able to enter a building at the Boulevard Houses owned and operated by NYCHA because of a broken door and insufficient lock–which is against New York Law.��In addition, the intercom was not functioning and security cameras were never installed, despite New York City Council’s allocation of $27 million to have cameras installed. St. Hubert allegedly cornered the two children in the elevator and proceeded to stab them repeatedly. He will face his criminal trial in March.

Langsam Law was prepared to present overwhelming evidence that NYCHA failed to have any security whatsoever, enabling the assailant free and unfettered access into the building and thereby setting into motion the tragic chain of events. Yesterday, NYCHA settled after the testimony of the now 11-year-old girl.

“I am thrilled for them since it will take care of��[her] for the rest of her life in terms of her physical problems, she’s going to need plastic surgery for the numerous stab wounds, and perhaps more significantly, for the PTSD [post traumatic stress disorder] that will follow her for the rest of her life,” said ߣ�ѿ�Ƭ.��

“On behalf of the family, we are very pleased,” commented Regenia Trevethan, girl’s grandmother.��

Note: Prior results do not guarantee similar results.