THE SUPREMACY CLAUSE

Article. VI. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Pursuant to the Supremacy Clause of the United States Constitution, federal law preempts conflicting state law. As advocates for the rights of injured individuals, the legal team at Friedman & Simon, L.L.P., Attorneys at Law, is deeply concerned about efforts to use the Supremacy Clause to advance large corporate interests at the expense of people victimized by the misconduct of these corporations.

For example, if a federal administrative agency has issued regulations addressing a given matter, an injured person, seeking to present a claim pertaining to that matter, would be precluded from making such a claim against an allegedly responsible corporate defendant in state court. The federal agency pronouncement would supplant the injured persons right to have a jury hear and decide his or her case. By way of example, plaintiffs injured by defective drugs, or a dangerously designed or manufactured auto seat belt, then find themselves unable to avail themselves to “their day in court,” to seek a measure of justice.

The American Association for Justice has spoken out and continues to speak out against these ominous developments. In this political season, you may wish to inquire as to where the candidates you are considering stand on these issues. Here are links to some related developments at the American Association for Justice web site:

Immunity for negligent corporations

“Seatbelt Rule Straps Consumers’ Legal Rights”

Our client fell from a ladder.   Those responsible for the construction site he worked at gave inadequate care to keeping the work area clear of debris.  The dangerous condition of the ground that the ladder was positioned upon caused the ladder to fail.

Our client was catastrophically injured as a result of this fall.  He was rendered permanently disabled from work.  As a result, his life-roles of husband, father and working member of society, were broken.  He reached out to his lawyers, seeking to be made whole.

The same people who failed to properly care for the construction site, so as to provide a safe workplace, sought to escape taking responsibility for the devastating harm they had created.

This week, after several years of litigation, Roger L. Simon, Esq., favorably resolved the case so as to provide compensation for our client.  In addition to the multi-million dollar result which will provide security for our client and his family, the triers of fact, the jury, gave validation to the truth that Roger and our client knew all along.  Those who hurt other should be held responsible.  This does not always happen.  When it does happen, we are fortunate indeed to witness such a measure of justice.  This was one of those times.

It is most especially heartrending when a child suffers a serious or catastrophic injury.  While an adult must exercise the appropriate degree of care to prevent injuries to others as well as to oneself,  there are many instances where a child simply can not recognize a potential hazard, and so is unable to take the simple steps necessary to avoid harm.

The legal team at Friedman & Simon, L.L.P. Attorneys at Law, is currently working on a number of cases wherein a child had suffered horrible injuries as a result of falling from an apartment building window.

To prevent such tragedies, the installation of window guard stops are required by the New York City Administrative Code and the Rules and Regulations of the New York City Department of Health and Mental Hygiene.   In a number of the cases that we are prosecuting, we have successfully argued that the court should find the subject building’s landlord legally responsible for the injuries suffered as a result of the failure to install and/or maintain the appropriate window guard(s).

While we are absolutely dedicated to obtaining such results, we recognize that such accidents are avoidable and should be prevented.

If there are any children that you care for or about, living in apartment buildings in the City of New York, please read this piece from the City of New York regarding the Window Falls Prevention Program.

The term used in the title of this post would suggest to most people being in a vessel that can travel underwater. In the world of automobile accident reconstruction, this term describes a potentially deadly phenomenon.

Many people think riding in a car passenger seat presents a perfect opportunity to buckle the 3 point seatbelt, recline the seat and take a nap. It is important for people to know that reclining the seat can render the seatbelt ineffective, making the passenger subject to injury or even death.

The tremendous forces generated upon impact and/or rollover of a vehicle can propel the passenger in a reclined seat out from under the the protective restraint of the seatbelt, causing such a passenger to be thrown about the vehicle or even to be ejected from the vehicle.

Friedman and Simon, L.L.P. has had the somber duty of representing clients who have “submarined” out of their seatbelt, clients who innocently and ironically thought they were engaging in a very safe activity, who suffered catastrophic injury as a result.

This piece, “Death Nap: The dangers of tilting back the front seat—don’t do it!” addresses this important area of personal safety.

Stay safe !

The RealAccidentCases.com/blog will offer information that we hope you will find of interest pertaining to personal injury law.  We  hope that you will enjoy the blog and find the posts of value.  We welcome your questions and comments.

Accidents shatter people’s lives. Friedman & Simon, L.L.P., Attorneys at Law, is a law firm dedicated to helping accident victims go on with life in the best way possible.

This blog will contain facts and opinions that are intended to be helpful and interesting. Your feedback will be helpful and interesting, so please share your views.

Roger & I established our firm on 9/1/91. Since then many thousands of people have consulted with us about some event that resulted in physical injury. Every injury victim has a unique and touching personal story of how their pain changed the course of their life. While certain interest groups have worked hard to paint accident victims as somehow undeserving and/or dishonest, we have gotten to know many of these people on a person to person level. They are real people.

It has been and continues to be our honor to represent these real people;

The electrician who lives next door…when he falls from a ladder, improperly secured by the responsible persons at a construction site;

Your child’s school teacher…when a careless driver, talking on a cell phone passes through a red light and crashes into her car;

The loving grandmother active in church events…when she trips on the broken step the landlord promised to repair and never did and breaks her hip.

These are real accidents. We have heard many different clients say, “I just wish this never happened,” so very many times. Understandably, these people, in addition to being physically hurt, are emotionally wounded. They are confused, frightened and anxious about their post-accident future.

People hurt through the fault of another deserve to be helped.  They have questions. It is our mission to provide them with real answers.

Thank you for reading.

All the best,

Edward D. Friedman

If you would like to communicate directly about this blog entry or any other legal questions, I invite you to contact me.