Smalline and Harri Smalline and Harri 2026-05-29T15:13:09Z https://www.smallineandharri.com/feed/atom/ WordPress /wp-content/uploads/sites/1604987/2022/11/cropped-ID-image-32x32.jpg On Behalf of Smalline and Harri <![CDATA[Can you seek damages for winter slip and falls in NY? It depends.]]> https://www.smallineandharri.com/?p=50981 2026-01-16T19:46:33Z 2025-12-27T05:39:59Z The 'Storm in Progress' doctrine Under this state rule, property owners are generally not held liable for failing to clear snow or ice while a storm is still occurring. The law grants owners a reasonable period, which is often interpreted as several hours after snow has completely stopped, to remedy the hazard. Legally, these cases can be challenging. Success often requires the use of forensic meteorological experts to pinpoint exactly when the "storm" ended. However, there is a critical exception: affirmative negligence. If a property owner chooses to shovel or salt during the storm and does so in a way that makes the surface more dangerous than it would have been naturally, they may be held liable regardless of the weather.

Ice build-ups and constructive notice

If a build-up or patch of black ice had lingered for days before the accident, the owner had constructive notice. This means that even if they claim they were unaware of the ice, they legally should have discovered and fixed it through routine or professional maintenance. In these cases, recovery chances can be higher. Lawyers aim to prove that the hazard was "visible and apparent" for a sufficient length of time. For example, if a leaky gutter has been dripping onto a sidewalk and freezing for a week, the owner cannot blame a current snowstorm for a slip-and-fall that was caused by a long-standing maintenance failure.

Local Rules and NYC Mandates

Also it is worth noting that the concept of reasonableness is often defined by local law. In New York City, the administrative code sets specific times for snow removal once a storm ends. If a storm stops between 7:00 AM and 4:45 PM, owners generally have only four hours to clear their paths. Failure to adhere to these local windows can be powerful evidence of negligence.

Moving forward

If you have been injured during the course of a New York winter, do not assume that only the weather is to blame. An experienced attorney can review your case and create a legal strategy while you focus on your recovery.]]> On Behalf of Smalline and Harri <![CDATA[Prom night is a high – risk time for car accidents]]> https://www.smallineandharri.com/?p=46960 2025-06-25T17:35:29Z 2025-04-23T04:34:35Z All around Upstate New York, teenagers are eagerly awaiting prom night. While they are imagining a magical night of glitz, glamour and romance, parents are equally anxious to avoid the darker underbelly of prom night — underage drinking and drugging, highway carnage, etc. It’s true that now is a dangerous time for teens in the USA, as a full third of the deaths of teens in drunk driving accidents happen in the three months from April to June. It’s an exciting time, with proms, graduations and the parties that accompany these celebratory rites of passage. Of course, no parent wants to consider the possibility of losing their child in a prom night collision. To that end, the following tips could protect your child from the ravages of an accident.

Parents can do more than they think

You have more power and influence over your teen than you may believe. Peer pressure is still a strong motivator, but so is parental censure. Make your stand against underage drinking and/or drug use clear and don’t waffle.  Also, knowledge is power, so network with the parents of your teen’s friends and date and clarify the arrangements. Know who will be driving, the start and end times of the dance itself and the location of any after-parties. 

Have your teen check in post-prom

If your teen plans to attend an after-prom party, insist they return home to change. Then you can assess their sobriety before allowing them to go back out. Also, consider getting together with several parents to rent a party bus or limo so no teenagers will be behind the wheel.

If an accident occurs, know your options

Remember that no matter how safely your teen or another person is while driving, they are only as safe as the motorists around them on the road on prom night. Sometimes, accidents just happen. If your teen suffers serious injuries in a prom-night accident, you may need to be their legal advocate in a personal injury claim against the at-fault driver.]]> On Behalf of Smalline and Harri <![CDATA[Traffic fatalities worryingly high in New York’s Capital Region]]> https://www.smallineandharri.com/?p=46962 2025-06-27T08:54:36Z 2025-04-16T20:03:48Z Good news and bad news Six or seven years ago, U.S. traffic safety researchers were optimistic. While traffic accidents were still a problem, statistics showed a downward trend in traffic accident fatalities. Some of this may have been due to public awareness campaigns about the hazards of texting while driving. Some of it may have been due to effective enforcement of drunk driving laws. But researchers found that one of the biggest factors involved the safety features in newer automobiles. Even when people did get into accidents, airbags and other newer technologies were saving lives. This promising trend appeared to come to an end in 2020. The global health emergency kept more people off American roadways, but the ones who did go on the road were engaging in riskier behavior -- speeding and otherwise being careless. Fatalities suddenly increased because, even though there were fewer drivers on the road, those accidents that did occur tended to occur at higher speeds. The good news is that, over the past couple of years, traffic fatalities have started trending downward again nationwide. For New Yorkers, the bad news is that New York appears to be bucking that trend. Traffic fatalities have been going up in New York. The North Country and the Capital Region have seen some of the largest increases.

Comptroller's report

Last year, New York State Comptroller Thomas DiNapoli released a report that showed worrying statistics about our state. The report looked at the years 2019-2022 and found that New York traffic fatalities went up by 25.8% during that time. In fact, 2022 was the worst year for New York traffic fatalities in a decade, with 1,175 people killed. During the same years, the increase in traffic fatalities nationwide was much lower, at 16.9%.

North Country

The comptroller's report found that six out of 100,000 New Yorkers died in traffic accidents in 2019-2022. Looking at the statistics by county and region showed that this fatality rate was lower in New York City, where fewer people drive cars, and higher in the North Country and the Capital Region. In fact, the fatality rate across the North Country counties was 12.9 per 100,000 people, more than twice the statewide rate.

Albany County pedestrian accidents

Another report showed trends looking especially bad for pedestrians in Albany County. According the Institute for Traffic Management and Safety Research, 10 pedestrians were killed in Albany County traffic accidents in 2023. That represented a 400% increase from 2019.

Staying safe

The key takeaway from all these statistics is that everyone should be careful on New York roads. There are still a lot of drivers who are not exercising the care they should. If you have been injured due to a careless driver, you can be left with enormous medical expenses, lost income and other damages. Pursuing compensation through a personal injury lawsuit can help you tackle these expenses and encourage other drives to be more careful.]]> On Behalf of Smalline and Harri <![CDATA[Driving distraction outlasts phone use]]> https://www.smallineandharri.com/?p=46956 2025-04-03T09:33:24Z 2025-04-03T09:33:24Z If you avoid using your cellphone in the car, you’re making a wise, safe decision. Cellphones are very distracting for drivers. Even if you’re going to do something like use a GPS or stream music, it’s best to set it up before you leave the house. This way, you don’t actually need to interact with your device in the car. But it’s also important to note that it’s not just active cellphone use that leads to driver distraction. For instance, some people will write text messages at red lights, believing that this keeps them safe from distraction. But in actuality, studies find that there are about 27 more seconds of mental distraction after the phone is used. The person texting at a red light is still distracted when traffic starts moving again, even if they put their phone down.

Why does this happen?

The thing to remember is that there are three different types of distractions. Manual and visual distractions are created when someone is holding a phone in their hand or looking at the screen. These distractions do go away when they set their phone down. But, cognitive distractions can still remain. The person may simply be thinking about their text message or the conversation they’re having. Furthermore, someone who has been looking at their phone isn’t paying as close of attention to conditions on the road around them. They may not realize that other vehicles have changed positions, a cyclist has pulled up alongside them in the bike lane or a pedestrian has walked into the crosswalk. Missing these types of details can still cause an accident as the driver tries to refocus on the road while simultaneously starting to drive. Have you been injured in an accident caused by a distracted driver? If so, you need to know how to seek financial compensation for medical bills and more.  ]]> On Behalf of Smalline and Harri <![CDATA[Injuries to trespassers can still lead to financial compensation]]> https://www.smallineandharri.com/?p=46954 2025-03-26T08:53:51Z 2025-03-26T08:53:51Z When a property owner faces accusations of negligence that caused injury, their counter may be that the individual who was injured was a trespasser. They were never invited to the property, and they shouldn’t have been there in the first place. They wouldn’t have been injured if they had just paid attention to the "No Trespassing" or "Private Property" signs. This can be a viable defense in some cases, but it’s also important to point out that it doesn’t always work. In some situations, property owners can still be held responsible for financial compensation when trespassers are injured. Let’s look at two examples.

Intentional injuries

To start with, setting booby traps designed intentionally to injure someone is illegal. Property owners are sometimes tempted to do this to protect their property if they’re worried about someone entering without permission. But if a store owner sets up traps that injure a person who breaks in to steal from that store, the store owner may still be responsible for the injuries—and may have violated the law by setting up the booby traps in the first place. They could also be liable if someone else is inadvertently injured, which is why booby traps are illegal.

Attractive nuisance

Next, an attractive nuisance is something that is both dangerous and alluring to children, such as a backyard pool. If a property owner has an attractive nuisance, they may be responsible for injuries to children, even if those children trespass on the property. After all, the children don’t understand the danger, the property lines or the warning signs that may have been put up. Homeowners often have to put up a fence with a gate and take other concrete steps to prevent injuries. Those who have been injured need to know exactly what legal options they have to seek financial compensation.  ]]> On Behalf of Smalline and Harri <![CDATA[When building defects lead to physical injuries ]]> https://www.smallineandharri.com/?p=46953 2025-03-12T04:48:00Z 2025-03-12T04:48:00Z Property owners, developers and construction companies have a responsibility to ensure that buildings are structurally sound and safe for occupants and visitors. When construction defects are unaddressed, they can pose serious risks, leading to accidents and severe injuries.  Thankfully, in New York, individuals injured due to building defects may have the right to seek compensation for their harm. 

Common hazardous building defects and liability for them

Building defects can occur at various stages of construction, from design flaws to substandard workmanship. Some of the most common defects that result in injuries include:
  • Structural Failures: Poorly designed or constructed buildings can experience collapses, wall failures or ceiling cave-ins, putting occupants at risk.
  • Faulty Staircases and Railings: Loose handrails, improperly built staircases and uneven steps increase the likelihood of falls.
  • Electrical Hazards: Defective wiring, exposed electrical components, or overloaded circuits can lead to fires, electrocution or power failures.
  • Water Leaks and Mold Growth: Poor plumbing, roof leaks or faulty drainage systems can cause hazardous mold exposure and slippery floors, leading to respiratory issues or falls.
  • Unsafe Flooring or Walkways:  Cracked sidewalks, uneven flooring and defective tiling create tripping hazards that can cause serious injuries.
When someone is injured due to a building defect, determining who is responsible isn’t always easy. After all, there are a lot of different parties involved in the construction, maintenance and management of a building. Liability may fall on one or more of the following parties:
  • Property Owners and Landlords: If a property owner or landlord fails to maintain a building or repair known hazards, they may be held liable under premises liability laws.
  • Developers and Construction Companies: If defects result from poor construction, substandard materials or violations of building codes, the construction company, general contractor or developer could be responsible.
  • Architects and Engineers: Design flaws that lead to structural instability or unsafe conditions may result in liability for the professionals who designed the building.
  • Manufacturers of Defective Materials: If a construction material, such as faulty wiring or defective flooring, contributes to an injury, the manufacturer may be held accountable under product liability laws.
If you or a loved one has been injured due to a defective building, know that you don’t have to manage this challenging situation alone. Seeking legal guidance and support can help you determine the best way forward. ]]> On Behalf of Smalline and Harri <![CDATA[How much time do you have to file a premises liability claim?]]> https://www.smallineandharri.com/?p=46948 2025-03-11T07:06:32Z 2025-03-11T07:06:32Z The law in New York You generally have three years from when the injury occurred to file a premises liability lawsuit, with certain exceptions. For example, if your injury occurred on government-owned property, like a public park or school, you have 90 days from the date of the accident to file a notice of claim, followed by a shorter window of up to one year and 90 days to file a lawsuit. It’s also worth noting that the statute of limitations may be paused or extended for minors or mentally incapacitated individuals.

Why does it matter?

Missing the deadline means losing your right to sue. In such a case, you may be forced to accept whatever the insurance company offers as settlement - if they offer anything at all. Remember, the clock doesn’t stop ticking, even if you’re negotiating with an insurance company or waiting for medical treatment to wrap up. Adhering to the statute of limitations keeps your options open and strengthens your position. If settlement negotiations don’t go your way, you can take the case to court, which improves your chances of recovering the compensation you deserve.

Do not take chances with your premises liability claim

Swift action can make all the difference in your case. If you believe you have a valid claim against a negligent property owner, seek medical attention, gather supporting evidence and reach out for early legal guidance on what you need to do to get justice and protect your interests.]]> On Behalf of Smalline and Harri <![CDATA[4 times a dashcam could help you]]> https://www.smallineandharri.com/?p=46947 2025-02-25T04:42:54Z 2025-02-25T04:42:54Z Do you have a dashcam fitted in your car? If not, then it is something to consider. More and more drivers are discovering how beneficial these small video cameras can be. Here are some instances in which having one running could be beneficial.

1. If another driver hits you

There are a lot of bad drivers out there. Some of them are constantly poor, others just occasionally. Nevertheless, it only takes a second or so of unsafe driving by someone to leave you injured or dead. Your dash cam could be critical in showing what they did wrong that led to you suffering harm.

2. If someone accuses you of injuring them

It can be devastating to have someone accuse you of injuring them, especially if you do your utmost to drive safely and especially if they are a vulnerable road user such as a pedestrian or cyclist. You might be certain it was they who were at fault, or you might not be sure what happened. Either way, checking your dashcam footage can give you a better idea of what the truth is.

3. If the police accuse you of breaking the law

Another benefit of dashcams is that they may help you contest an unfair traffic ticket. Alternatively, accept that you were going too fast or that the light was on red when you went through it.

4. If you lend your teenager the car

If you are a parent of a teenager, there may come a point where they want to borrow your car. You might rightly be nervous, but a dashcam can help. It can allow you to check how they drove so you can see whether to lend them the car again. It can act as a deterrent against them doing anything stupid, as they know you’ll be able to see. It can help you decide on your next steps if they do end up having an accident.]]> On Behalf of Smalline and Harri <![CDATA[Key evidence in third-party liability construction accident cases]]> https://www.smallineandharri.com/?p=46944 2025-02-18T05:15:35Z 2025-02-18T05:15:35Z The importance of evidence While workers' compensation may provide some benefits, you may also pursue a third-party liability claim. This claim can be against a negligent contractor, subcontractor or equipment manufacturer. To confirm the liability of the third party in a construction accident, it is critical to gather evidence, such as:
  • Witness statements: Those who saw the accident can give information about what happened and who was responsible.
  • Accident reports: Official reports can provide details about the circumstances of the accident.
  • Safety records: Records of safety inspections and protocols can help confirm if the third party took steps to prevent the accident.
  • Equipment maintenance records: These can help determine whether faulty equipment contributed to the accident.
  • Visual evidence: Videos and photos of the accident can help reconstruct the accident and prove your injury.
  • Physical evidence: Debris and damaged equipment can provide clues about what happened.
A thorough investigation can help identify the liable third party and build a case against them. Thus, it is important to gather and preserve relevant evidence in a prompt and proper manner.

Seeking compensation to help rebuild your life

As you struggle with your construction accident injury, it is essential to seek compensation to help rebuild your life. However, proving the negligence of the third party can be challenging to do. With legal counsel, you may better protect your rights and make informed decisions as you go through the complex process of pursuing justice.]]> On Behalf of Smalline and Harri <![CDATA[What does it mean to be a defensive driver?]]> https://www.smallineandharri.com/?p=46942 2025-02-11T04:44:43Z 2025-02-11T04:44:43Z All drivers are obligated to follow the rules of the road. They’re also supposed to try to avoid accidents when possible. Simply obeying traffic signals or driving at the speed limit is not defensive driving. It is the standard expected practice that everyone should engage in. Defensive driving, however, tends to take things a step further. Drivers go out of their way to take additional actions that may help them avoid a crash.

Merging on the interstate

One example of how this works is when someone is driving down the interstate and another driver is coming up the on-ramp and looking to merge into traffic. Technically, the driver who is already on the road has the right of way. They can continue on without slowing down or changing their course, and the driver who is entering the highway is responsible for finding a safe position to merge in. That said, a defensive driver would likely seek to change lanes. They’ll move into the left lane to create additional space for the incoming driver to merge. This is an extra step that they are not legally obligated to take. If they maintained their lane and the merging driver tried to force their way in, causing an accident, it would be that driver’s fault. But a defensive driver is not just concerned with being right. They are concerned with doing everything they can to avoid a crash, even when that goes beyond their strict legal requirements.

Car accidents and injuries

Being a defensive driver can lower the odds that you’ll be involved in a car accident, but nothing guarantees you won’t be injured when another negligent driver makes a mistake. If this happens to you, take the time to carefully look into your legal options to seek financial compensation.  ]]>