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injury law

Drinking and driving and the holidays. Let’s hope this doesn’t apply to you…

Written by Scott Peterson, D'Orazio Peterson on . Posted in Business, Community, Featured, News, Opinion.

injury law

Today we are going to talk about what to do if you are hurt in  a car accident involving a driver who was intoxicated or under the influence of drugs. 

While it’s not a topic that you want to think about, with the holidays come increased drinking and driving, and if you find yourself (or a family member) in a car accident caused by a driver who was intoxicated, you may be asking: What do I do now?

There are a couple of things that you need to think about if and when you are involved in an accident involving a drunk driver, or a driver who was under the influence of drugs, including marijuana which is now recreationally legal in New York.

The first thing to do following an accident is make sure that the police are called, so that a police report can be generated which identifies parties involved, witnesses and insurance coverage, and may even help establish fault.   In particular, if a driver is under the influence they will likely be issued tickets, which is important because it can help you establish liability down the road.

Following the accident you or your attorney will want to reach out to the local court or district attorney who is responsible for prosecuting any charges against the other driver, notifying them of the severity of your injuries.  

Why is that important? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer if the case involves serious injuries.  This may become very important later, because if there is an admission of wrongdoing (i.e. a guilty plea), it will help establish liability against the other driver.  

You’ll next want to be sure that the other driver had insurance, and that the relevant insurance companies are given notice of the potential claim.  This will help you determine the applicable coverage limits on the other driver’s vehicle.  

Once you determine the coverage limits of the other vehicle you may want to notify your own insurance company that you have a potential SUM or UM claim.   As we’ve discussed before, this is a claim that allows you to seek damages from your own insurance company in excess of the other driver’s insurance.

This is important because many times if you are hurt because of a drunk driver you will have sustained very serious injuries.  You may need surgery or significant medical treatment.  You may have a long recovery and miss work.  If the other driver has $25,000 or $50,000 in insurance coverage, it will likely be insufficient to wholly compensate you.

If you have sufficient SUM or UM coverage under your own insurance policy you may be able to make a claim against that coverage for damages beyond the other driver’s policy.  But remember that it is critical to notify your carrier, as part of your responsibility as an insured is to notify the insurance company that you have the potential for a SUM or UM claim. If you are unsure about your Sum or UM coverage, take a look at the declarations page on your auto insurance policy.  

In addition to everything else – and this goes without saying – get medical treatment.  You have to take care of yourself and your family so that you can move on from the accident. And the best way to do that is to get medical treatment immediately and as needed.

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com

*This article is informational only and is not intended as legal advice, nor does it create an attorney-client relationship*

ABOUT THE AUTHOR

Scott M. Peterson is the founding partner of D’Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters.

Tis the Season for Holiday Party Troubles

Written by Giovanna D'Orazio, D'Orazio Peterson on . Posted in Business, Featured, News, Opinion.

We love a good non-work-related holiday party.  Work related? As lawyers like to say, it depends.  But both can get the host – and attendees – in trouble.  Here are some tips for avoiding lawsuits and headaches related to holiday parties.

Employment issues:  Sexual harassment or assault is an obvious concern particularly when alcohol is involved.  If something happens at a work function, and it’s reported and the employer does nothing about it – or the perpetrator of bad behavior is the boss – it can result in a host of legal problems.  Not only can this conduct implicate employment law issues, but intentional conduct by the boss can get around the Workers’ Compensation bar that usually prevents employees from suing their employer in negligence or for intentional torts (like assault or battery).  And if the victim is a guest, and not an employee, they can also sue for negligence. 

Tip to avoid: If you are the employer, the party pooper in us says spare your employees another work-related obligation and give everyone a bonus. Barring that, keep an eye on how much alcohol is served and if someone is starting to behave badly, get them home safely. If inappropriate behavior is reported, take it seriously, don’t brush it off, do an investigation and, if appropriate, discipline or counsel the perpetrator. Don’t retaliate against the complainer or make them feel like they aren’t being protected – this is when people call lawyers. 

If you are the employee, remember that this is fun but still work. Inappropriate behavior or offensive conversation can have repercussions. Most employees in New York are at will, meaning that you can be fired at any time for any reason as long as it’s not discriminatory or because of protected activity (i.e., retaliatory). As long as an employer applies its code of conduct evenly, it’s unlikely you’ll have any recourse if you’re fired for behaving badly at a holiday party.   

Premises liability: If you are hosting a party on property you own or have control over, you are liable for injuries caused by dangerous conditions on the property that you knew or should have known of, or that you created.  This can include dangerous people present on the property.

Tip to avoid: Make sure your homeowner’s insurance is up to date. This would also be a good time to fix any safety issues you know about and have been ignoring (for example, is everyone going to be entering your house on a wobbly front step, or where a handrail is loose?). In winter, you also want to be sure there isn’t an accumulation of ice or snow where people will be parking and walking. The law only gives us a reasonable period of time after a storm to clean up. 

Dog bites: Does your dog get too excited, anxious or aggressive when strangers or a lot of people are around? Pet owners are strictly liable (meaning it doesn’t matter if you were negligent, i.e., careful or not careful) for injuries caused by their animals if they knew or should have known that the animal has dangerous propensities. Under the law, “dangerous” doesn’t always have to be “vicious” (as in Cujo), even though that’s a common term used when talking about dog-bite legal issues.

Tip to avoid: Put your dog somewhere it can’t escape or will not be walked in on, or out of the house completely. Warning people is not going to help you in this situation. 

Dram Shop (bar owners and commercial sales):  Do you own a bar?  Bars in New York are liable for injuries caused by individuals who are over served. So, if you serve a visibly intoxicated person and they leave and injure or kill someone in a drunk driving accident, you can get in big trouble. 

Tip to avoid: Don’t be afraid to refuse to serve, refuse to pour shots, or kick people out. 

Dram Shop (furnishing alcohol to minors):  New York’s Dram Shop law also makes it illegal to furnish or procure alcohol for minors (under the age of 21).  This is a good way to get in trouble during a house party and or if you have rented an establishment for a party and serve minors. 

Tip to avoid: Don’t do it and don’t turn a blind eye to it if it’s happening under your roof. 

We wish everyone a happy and safe holiday season, and thank you for reading!

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com

ABOUT THE AUTHOR

Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.

Glens Falls Polling Places

Written by Staff Report on . Posted in Community, Featured, News, Politics.

Since today is election day here is a helpful guide to find your Glens Falls polling place. Glens Falls has eight polling places for residents. This information can be found on The official website of Warren County N.Y. https://warrencountyny.gov/boe/pollingPlacesGlensFalls

WardEDSchoolAddress
WARD 1ED 1Abraham Wing School120 Lawrence St. 120 Lawrence St., Glens Falls
WARD 2ED 1Jackson Heights SchoolSagamore St.
 ED 2Jackson Heights SchoolSagamore St.
WARD 3ED 1Sanford Street School Logan St Ent10 Sanford St.
 ED 2Sanford Street School Logan St Ent10 Sanford St.
WARD 4ED 1Village Green Apts1 South Delaware Ave
WARD 5ED 1Big Cross St. School15 Big Cross St. (rear)
 ED 2Big Cross St. School15 Big Cross St. (rear)

vote

Political Activity and Voting at Work: Is Anything Protected?

Written by Giovanna D'Orazio, D'Orazio Peterson on . Posted in Business, Featured, Opinion, Politics.

vote

Election Day is November 8. Some of us choose to keep our political beliefs private, and others are more comfortable participating in public discourse. But what happens when your boss disagrees? Can your political beliefs impact your employment?

Most of us are at will employees. “At will” means you don’t have any job protection either through an employment agreement or a law like the Civil Service Law applicable to some public employees, and you can be fired at any time for any reason as long as it’s not discriminatory or in retaliation for making a complaint. Discrimination is an adverse employment action taken because of a protected status like sex, race, disability, military service, taking FMLA leave, age, etc. Retaliation is an adverse employment action taken because you’ve made a complaint about something the law protects like discrimination or discriminatory harassment or something like a workplace safety law. 

What is not a protected status? Your general political beliefs. So, as a general proposition, if your employer doesn’t like your politics or something you’ve said at work, he or she can let you go. 

When can there be protection? Under federal law, private employees are pretty much out of luck. There is no federal protection for politically related speech in the private workplace. If you are a public employee, speech can sometimes be protected by the First Amendment, but that is limited in the workplace. 

In New York, however, we do have some protection – but it’s still not as broad as covering general political beliefs. Instead, in our state, Labor Law § 201-d protects certain legal, off the clock (and off the job premises) “political activities” from discrimination. 

An individual’s “political activities” are narrowly defined to include: “(i) running for public office, (ii) campaigning for a candidate for public office, or (iii) participating in fund-raising activities for the benefit of a candidate, political party or political advocacy group.” 

The statute also includes several exceptions where an employee would not be protected such as where the activity “creates a material conflict of interest related to the employer’s trade secrets, proprietary information or other proprietary or business interest.” 

If an employer violates this law, the state Attorney General may ask the court to issue an injunction requiring the employer to stop what it’s doing and to impose penalties. An “aggrieved individual” (a person who has been harmed by the employer’s unlawful actions, usually the employee) may also sue for “equitable relief” and damages. “Equitable relief” means requiring the employer to actually do something – like giving the employee his or her job back – as opposed to merely paying the employee money (i.e., “damages”).

In general, and this is true under state and federal law, even if an individual’s political activity is not protected, employees are still protected from discrimination (employees being treated differently because of their sex or race or some other protected status). So, if rules against political activity aren’t applied uniformly, then there may be a problem for the employer from a discrimination perspective. 

In New York, we also have some voting protections – not necessarily relating to your employer getting wind of who you voted for, but so that you can vote in the first place. Employees have the right to take necessary (paid) time off from work to vote if they do not have sufficient time outside of working hours. Ten working days prior to any election, employers must post a notice informing employees of their right to take this time off, and an employee must give notice of their intention to take that time at least two working days prior to Election Day. If you believe you are entitled to this time off, you should check your employer’s notice or the Board of Elections website because things like “sufficient time” outside of work are defined in the law and may not apply to everyone. 

*This article is not legal advice, does not create an attorney client relationship, and should not be relied on in taking action at work. Every situation is different and depends on its own facts.