Blog - Bornstein & Emanuel, P.C.

New York Comparative Negligence Explained

Posted on August 19, 2026

Can You Still Recover Compensation If You Were Partly at Fault?

Yes, you may still have a personal injury claim. Being partly responsible for an accident does not automatically prevent you from recovering compensation in New York. Under the state's comparative negligence law, an injured person may...

Apartment Building Injury Liability in New York

Posted on August 12, 2026

Who Is Responsible When Someone Is Injured in an Apartment Building?

If you are injured in a New York apartment building because of an unsafe condition, the property owner, landlord, management company, or another responsible party may be liable. Liability depends on whether they knew—or reasonably should have...

Can You Recover Compensation If You Were Injured as a Passenger?

Posted on July 7, 2026

As a passenger, you are often less likely to bear fault for a crash compared to a driver, which often makes your claim more straightforward than the driver’s. New York no-fault benefits cover your medical bills regardless of who caused the accident.

Being hurt in...

Do Personal Injury Cases Usually Settle Before Trial?

Posted on July 1, 2026

Most personal injury cases settle before trial, but a strong case is one prepared as if it will be tried. In New York, your willingness to go to court is often what drives a fair settlement offer.

The large majority of personal injury cases settle...

New York Helmet Laws and Your Personal Injury Claim

Posted on June 22, 2026

Under New York’s pure comparative negligence law, not wearing a helmet does not prevent you from recovering compensation for injuries caused by another driver’s negligence.

The crash happened two days ago, and now you are sorting through medical bills, missed shifts, and an insurance company...

How to Get Your New York Accident Report: A Step-by-Step Guide

Posted on June 15, 2026

Your accident report is one of the most important pieces of evidence in any personal injury claim. Knowing where to request it and how long it takes can make the difference between a strong case and a missed opportunity.

The crash happened days ago, and...

Understanding Product Liability for Inadequate Labels

Posted on June 8, 2026

Under New York law, a product that is otherwise properly designed and manufactured can still be considered defective if it lacks clear, conspicuous, and specific warnings about non‑obvious risks or reasonably foreseeable misuses that could cause injury.

A missing warning or a vague instruction on...

What You Need to Know About New York Snow Removal Laws

Posted on May 4, 2026

New York property owners generally must clear snow and ice from sidewalks within four hours after snowfall ends, and failing to do so can lead to fines, civil liability, and serious injury claims.

A single patch of ice on an unshoveled sidewalk can lead to...

What to Do If You Suspect Elder Abuse in a Nassau County or Queens Care Facility

Posted on May 1, 2026

If your loved one is in immediate danger at a care facility, call 911 first. Then report the abuse and contact an attorney to protect their rights and pursue accountability.

You trusted the facility to care for your loved one, and now you are not...

New York Labor Law 240: The Scaffold Law and Your Rights After a Fall

Posted on April 16, 2026

New York Labor Law 240 holds property owners and contractors absolutely liable when they fail to provide proper safety equipment and a construction worker is injured in a gravity-related accident.

A single fall on a construction site can lead to spinal fractures, traumatic brain injuries,...