Snow is Coming
February 9th, 2010
A search of the the www.NYC.gov web site, for the term, “school closings,” brings up this:
“New York City public schools are open on a regular schedule, regardless of the weather, unless there is a specific announcement that they are not.
If there are to be morning closings or delays, they will be announced between 4:00 AM and 6:00 AM on the morning of the day of the closure.”
However, anticipation of tomorrow’s predicted snow is such that closure has been announced well in advance of the usual early morning phone call:
Chancellor Klein Announces Schools Closure Tomorrow
Sidewalk Safety
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Whether you’re the owner, tenant, occupant or the person in charge of any lot or building, you must clear the snow and/or ice from your sidewalk within four (4) hours after the snow has stopped falling, or by 11 a.m. if the snow stopped falling after 9 p.m. the night before.
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If the snow becomes frozen and too hard to remove, you may spread clean, unused cat litter, salt, sand, sawdust or another similarly suitable material within the same time limits.
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As you clear your sidewalk, keep in mind: YOU MUST NOT THROW SNOW INTO THE STREET. It’s against the law, and it forces Sanitation to re-plow your street. Also, you should never cover fire hydrants with snow - this could interfere with firefighting efforts.
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The bottom line is sidewalks must be thoroughly cleaned as soon as the weather permits.
Failure to comply with the law may result in fines ranging from $100 to $350.
The rest of Commissioner Doherty’s message may be found here.
Major snowstorms can bring inconvenience and danger but they can also bring an unexpected change of pace, quiet time to reflect and even the exhilaration and joy of snow-play.
Please be careful and stay safe.
[ "Snow Storm" photo courtesy of: http://www.flickr.com/photos/alq666/98783134/ ]
“What if my Toyota Car or Truck was Recalled?”
February 8th, 2010Here is the latest information from Toyota about their huge recalls. It has been reported that the defects have been implicated in catastrophic accidents. We extend our condolences to the victims of these accidents and their families.
Here is a recent press release from the National Highway Traffic Safety Administration on these potentially tragic defects.
If you or anyone you care about has been injured as a result of an auto defect, please call us for help.
Please drive safely and stay well.
“What if I lose my case at trial?”
February 8th, 2010The web site for the State of New York’s court system states that “There are four Appellate Divisions of the Supreme Court, one in each of the State’s four Judicial Departments. These Courts resolve appeals from judgments or orders of the superior courts of original jurisdiction in civil and criminal cases, and review civil appeals taken from the Appellate Terms and the County Courts acting as appellate courts.”
Simply stated, if a litigant loses at trial, he/she has the right to have the trial court’s decision reviewed by a higher court. The higher court may, among other things, reverse the lower court’s decision.
The above link to the court system page lists the counties covered by the four Appellate Departments. Attorneys licensed to practice in the state may handle cases in any department. Most of the cases that we handle at Friedman & Simon, L.L.P., Attorneys at Law, are in the metropolitan New York area and the surrounding suburbs, which are located in the First Department and the Second Department.
Bans on Handheld Cell Phone Use (Apparently) Ineffective
February 3rd, 2010Some interesting findings have recently been reported in the dynamic area of combatting distracted driving. Read more here.
The Power of a Checklist
January 8th, 2010The idea of making a checklist before commencing an important or potentially dangerous undertaking seems like good sense. While it is “high concept, low tech,” the implementation of a checklist can save lives when utilized in tasks ranging from flying an airplane to packing for a mountain climbing expedition.
What could the resistance to following a checklist procedure possibly be ? That it is “too immature”? Too unsophisticated ? To “un-cool” ?
Leonardo Da Vinci is said to have remarked that, “simplicity is the ultimate sophistication.” With that in mind, the positive results experienced by surgeons utilizing checklists, as discussed here, is truly heartwarming. A book that I plan to read, by Dr. Atul Gawande entitled The Checklist Manifesto: How To Get Things Right, as reported here and here, appears to make a strong argument for “The Power of a Checklist.”
Change The Thing That Will Make A Difference
December 30th, 2009In the movie, The Curious Case of Benjamin Button, there is a point in the story where one of the main characters is involved in a life-changing accident. There is a scene where the character of Benjamin Button, narrating the story, takes the viewer through the circumstances leading up to the accident. He ultimately makes the point that, “…if only one thing had happened differently,” the accident would not have happened and the victim’s entire life would have proceeded differently, sparing her the trauma and agony of the ordeal.
Having spoken to thousands of accident victims about the details of their accident, I have had this same thought myself many times. In speaking to clients who were seriously injured, I have heard them wonder aloud the same question. I think it is a natural human reaction to any bad accident. I would bet that you have had the same thought yourself. If only one thing had been different…
My wish to you for the New Year is that you do everything in your power to do the one thing that will keep you and your loved ones safe. Whether it is buckling a seat belt or asking someone to hold the ladder, or whatever that careful little voice inside of you suggests that you might otherwise dismiss with a “nah, I don’t need to do that, I’ll be fine.”
Like the lady who called our office after she had taken a ride, “only around the block,” on the back of her boyfriend’s new motorcycle without a helmet, only to suffer a head injury in the accident only a few hundred yards from her front door. If only they had checked their excitement about the new motorcycle until a second helmet was available. There are far too many such examples.
We want you to enjoy the gifts of life. Please be careful. Please protect yourself. Please be safe.
Best wishes for a happy, healthy & safe 2010 !
Simple Steps to Safety
December 18th, 2009So frequently, a simple step taken as a precaution can prevent an accident with serious or even catastrophic results. For example, children are often injured or even killed by television sets falling on them.
The concerns and appropriate measures are discussed here . Below is an excerpt:
- Furniture should be stable on its own. For added security, anchor chests or dressers, TV stands, bookcases and entertainment units to the floor or attach them to a wall.
- Place TVs on a sturdy, low-rise base. Avoid flimsy shelves.
- Push the TV as far back as possible.
- Place electrical cords out of a child’s reach, and teach kids not to play with them.
- Keep remote controls and other attractive items off the TV stand so kids won’t be tempted to grab for them and risk knocking the TV over.
- Make sure free-standing ranges and stoves are installed with anti-tip brackets.
Keep Safe - Make Your Home a “Safe Harbor”
December 15th, 2009Recently I had the need to retain the services of a property inspection company. As a personal injury attorney who has heard thousands of variations on how people get hurt, I tend to notice unsafe conditions such as tripping hazards and other such dangers at a premises.
While my thought in retaining the company was to be advised of any structural issues at the property, (eg; condition of the roof, foundation, etc.,) I was delighted that a number of safety issues were brought to my attention. I didn’t notice that the stairway railing uprights had been spaced too far apart, in violation of the building code, and presented an especially great threat to toddlers or small children who would naturally be drawn to sticking their head between the uprights. A fall on the steps or twist of the body with the head lodged could spell disaster. Improper wiring, a missing walkway flag and a few other concerns were also brought to my attention.
Almost all the premises liability cases presented to us involve serious or catostrophic injuries that could have been prevented with the appropriate level of care. (In fact, that is the basis of the negligence claim that results from the absence of such care.)
If you own a property, you may wish to invest in a safety inspection for the safety of those you care about.
Below is a recent newsletter from the company I used. If you call Jim at Safe Harbor, I’m sure he’ll be glad to add you to their e-mail list. I find that it is a good resource.

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A Painful Balancing of Interests
December 15th, 2009I often think of law as an attempt to make the best out of a bad situation. The solutions are often, if not almost always, far from perfect.
When a law is passed to serve some (purportedly,) greater good, it’s application in a given instance can often lead to a harsh, to say the least, outcome. Here is a tragic instance.
Please stay safe ! Here is a valuable piece about gun saftey.


