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There Ought To Be A Law

A recycling worker in Upstate New York is dead, and advocates say a lack of traffic safeguards may have been the cause.
Tioga County Sheriff’s deputies state that a vehicle travelling southbound on Pennsylvania Avenue in Apalachin struck and killed a recycling worker who was working behind his truck. In the wake of the crash, Taylor Garbage Services spokesperson Stephen Donnelly reiterated the company’s call for additional traffic control devices or reduced speed limits in areas frequented by curbside recycling workers. The vehicle driver, who was also unnamed, was treated at a local hospital for various injuries.
Taylor officials insisted that the worker was performing his job exactly as stated.

Exceptions to Tort Claims Act

Under federal and state tort claims acts, it is rather difficult to sue the government for negligence unless there are certain facts present and certain procedures followed. For example, in New York, a victim injured by a negligent government employee must file a Notice of Claim. Certain government functions, however, are outside the scope of the tort claims act. So, there are few or no restrictions on these types of lawsuits.
Proprietary functions are a very common exception. Essentially, these are duties that a borough, city, county, state, or other government must perform. Some examples include:

  • Street Maintenance: When it comes to potholes, broken sidewalks, and so on, if the government has notice of a dangerous defect and does nothing, the government may be liable for damages.
  • Traffic Control Devices: The same logic applies to speed limits, stop lights, crosswalks, and other traffic control devices.
  • Utilities: The city must make downed power lines and other hazardous conditions a top priority.

Essentially, the theory is that residents have a right to expect the government to keep its promises and do the things it is legally required to do.
If a pothole causes a car to spin out of control or a pedestrian is injured at a busy intersection without a crosswalk, damages for victims may include compensation for both economic damages, like property losses, and non-economic damages, such as pain and suffering.
If a group fails to fulfil its legal duty and causes injury, contact an assertive personal injury attorney in New York. We have six office locations statewide.

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News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.

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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney - definitely recommended more than once. Thank you!