Have legal questions? Get a Call Back Within 25 Seconds

Proners Head

Firm Blog

Have you been injured?

Old Man Winter Is Still At Work

Treacherous roads and a negligent driver combined to create yet another fatal car crash on a New York highway.
A 33-year-old Webster man, whose name was not released, was on Atlantic Avenue in Penfield when he lost control of his vehicle on the snow-covered road. He veered outside his lane and collided with 56-year-old Nadine Putzig, of Ontario, N.Y. First responders rushed her to a nearby hospital with serious injuries; she was subsequently pronounced dead.
The other driver was cited for failure to maintain a single lane.
Duty in a Negligence Case
Fog, rain, the setting sun, and any other elements that create poor traction, poor visibility, or other poor conditions are never excuses for negligent drivers. In fact, the opposite is true: operators have additional responsibilities in these cases. That is because the duty of reasonable care is not a fixed concept, since driving carefully on a clear summer day and driving carefully in a snowstorm are two very different things.
The idea that everyday people had everyday legal duties was absolutely unheard of when the English House of Lords decided Vaughan v. Menlove. That case involved a large haystack situated right against the plaintiff’s cottage. Then, as now, these haystacks were very dangerous, because the smallest spark could ignite the whole thing. SO, most people took fire precautions. But not the defendant, who brushed off neighbor’s fire warnings by saying that “he would chance it.” The haystack did eventually catch fire and consume the plaintiff’s cottage.
The judges were divided. Some wanted to excuse the defendant’s actions, because he was legitimately looking out for himself. Fire prevention mechanisms, like a chimney, cost money, after all. There was also disagreement as to the applicable standard. Some claimed that the defendant “was bound to proceed with such reasonable caution as a prudent man would have exercised under such circumstances.”
In the end, the court ruled in favor of the plaintiff, since the defendant “had repeated warnings of what was likely to occur, and the whole calamity was occasioned by his procrastination.” But it would be another hundred years before this principle was broadly applied to other cases.
If you or a loved one was hurt or killed due to someone else’s negligence, contact the experienced personal injury attorneys at Proner & Proner for a free consultation. Our main office is conveniently located across from Grand Central Station.

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

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.

Award Image
Award Image
Award Image
Award Image
Award Image
Award Image

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!