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Gas drilling company not liable for contaminated well water

United States District Judge Charles Siragusa in Rochester, New York denied a claim put forth in December by nine southern New York homeowners that their drinking water had been contaminated by gas drilling, the Bellingham Herald reported.

The claim was filed against Colorado-based Anschutz Exploration Corp., who had established gas drilling half a mile from the homeowners’ residences.

The homeowners claimed in the lawsuit that mud and methane were found in their water after Anschutz’s first gas well was completed. However, Anschutz field experts came up with laboratory analyses that showed the methane found in the residents’ water wells did not come from the geological formation tapped by their gas wells.

Court documents also showed that Department of Environmental Conservation inspector Joseph Yarosz stated in his final deposition that Anschutz complied with all permit conditions after having inspected the two gas wells over 50 times as they were being constructed in the town of Big Flats in 2010.

We at Hach & Rose, LLP, work diligently to help our clients obtain the financial compensation they need after becoming victims of personal injury accidents because of the negligent or irresponsible actions of other parties. Call our offices today at 866-LAWS-USA to speak with a capable member of our legal team.


Winter Slip and Fall Dangers

As winter weather takes hold across much of the United States, New York property owners have a significant responsibility to keep their properties safe and free of winter dangers like ice and accumulated snow. Property owners who allow dangerous conditions to exist on their property could be held responsible for injuries suffered by guests or visitors. Learn more by clicking here.


Man sues New York park for not putting up signs warning people not to climb rocks

Thirty-two-year-old personal trainer Jonathan Stock recently filed a personal injury lawsuit against both New York City and the park managers of the Hudson River Park in Manhattan, New York City in relation to an injury he sustained when climbing on a rock sculpture. In the claim, he states that they failed to warn people not to climb on a particular rock in the park, causing him to sustain an injury.

The lawsuit was first mentioned publicly in an article by the New York Post, which was published on Sunday, March 30. In the article Stock recounted the details of climbing the steep, 8 to 10-foot tall rock that was part of a cultural stone arrangement in June 2013.

Our lawyers at Hach & Rose, LLP, are committed to helping people in New York whose lives have been negatively effected due to the negligence or carelessness of other people, including municipal agencies. If you are considering filing a personal injury claim against a person or organization that you believe caused you harm, call (212) 779-0057.


Carbon monoxide leak at New York mall causes one death, several hospitalizations

A carbon monoxide leak on Saturday, February 22 resulted in one fatality and the hospitalization of 26 Huntington Station shoppers.

Steven Nelson, 55, was found unconscious in the basement of Legal Sea Foods. Legal Sea Foods is one of the properties within the Huntington Station premises. He was transported to Huntington Hospital where he passed away.

As of Sunday, February 23, a sign was posted on the door of Legal Sea Foods, notifying people that the area is unsafe.

Huntington Station spokesman, A.J. Carter said the carbon monoxide poisoning could have been caused by a leak in the flue pipe of the restaurant’s water heater. Experts say that the presence of a carbon monoxide detector could have likely saved Nelson’s life.

The attorneys at Hach & Rose, LLP, extend our condolences to those affected by this tragic accident.


Contractors ask for New York law revision

The General Contractors Association (GCA) of New York has asked Albany government officials to craft legislation that would incorporate comparative negligence standards in the assessment of liability.

The association believes that the comparative negligence clause “creates a fair process when dealing with a worker injury while also dealing with the issues of rising costs.”

According to the GCA, requiring contractors to shoulder 100% of the liability regardless of the accident’s details has caused insurance costs to skyrocket.

A 2% to 4% insurance cost increase would result in an 8%-12% total project cost increase, the association surmised.

If you or a loved one has been injured on an employer’s property, you may be entitled to compensation. Please contact the experienced construction accident attorneys at Hach & Rose, LLP, in New York at (212) 779-0057 to discuss your situation today.


Filing deadlines for bringing a claim against municipalities and public authorities

It’s almost common knowledge that if you or a loved one has been seriously injured by a municipality or public authority, you may be able to sue. However, New York legislation may restrict your right to file a premise liability lawsuit if you don’t complete certain steps within a strict time limit.

According to current law, a Notice of Claim, which is simply a document submitted in writing explaining the accident and the basis for the lawsuit, must be filed within 90 days of the incident. If a Notice of Claim is not filed within 90 days of the incident, a victim may lose his or her right to sue completely, except in the case of a few limited exceptions.

You can learn more about these filing guidelines and time limits, here.

If you or a loved one has been injured on another person’s property in New York, please contact Hach & Rose, LLP, to ensure that your claim is not ignored due to technicalities. You may reach us for a free consultation at (212) 779-0057.


British producer pays FedEx man $2.9M to settle personal injury claim

British Broadway producer Cameron Anthony MacKintosh paid a $2.9-million settlement after losing a lawsuit brought against him by a 54-year-old FedEx delivery man, who claimed MacKintosh’s slippery office floors caused his bodily injuries, according to a July 29 report in the New York Daily News.

MacKintosh, who produced critically-acclaimed plays such as Cats, Phantom of the Opera, Les Miserables, and Mary Poppins, apparently wasn’t satisfied with the cleanliness of his 1650 Broadway office so he employed the services of long-time employee Esme David to clean his W. 51st Street office. However, when the unidentified 19-year FedEx employee came to deliver a package around 9:30 a.m. on Nov. 13, 2008, he slipped, causing multiple serious injuries.

The billionaire MacKintosh, who was knighted by Queen Elizabeth in 1996, was not present in the office when the accident happened and wasn’t questioned under oath in relation to the lawsuit.

If you too have been injured in a slip and fall accident that could have been prevented if another party had acted more carefully, call the lawyers of Hach & Rose, LLP, at (212) 779-0057. We help victims of such accidents in New York seek financial compensation for their losses.


Balcony collapse in Long Shore injures four

A five-foot second-floor balcony at an apartment building on 271 Shore Road in Long Beach, New York collapsed on a first-floor balcony at around 8:30 p.m. Monday, July 1, injuring five people in the process. Long Beach Fire Commissioner Scott Kemins said the collapse was due to a mixture of structural failure and the weight on the balcony.

The situation was already taken care of by 11 p.m., allowing for the residents’ return back into the building. The five people injured were sent to nearby hospitals to receive medical treatment for their minor injuries.

Unfortunately, the negligence of property owners all too often causes unsuspecting people to be injured in accidents such as this. At Hach & Rose, LLP, our lawyers work to help people in New York who have been victimized by a reckless property owner. Call (212) 779-0057 to discuss your legal options for pursuing compensation if you’ve been harmed in such an accident.


Subway Severs NY Man’s Legs

In one of a string of recent accidents on New York’s subway system, a middle-aged man who had fallen onto the tracks at the 161 Street-Yankee Stadium subway stop suffered the loss of both of his legs when they were crushed and severed by an oncoming train. Remarkably, emergency rescuers were able to take the man to Lincoln Hospital, and the injuries did not result in fatality.

This is one of a number of different accidents and fatalities which have occurred in New York’s subways in 2013. A rash of accidents and injuries occurred earlier in the year, particularly in February, where three fatalities occurred within a single week. The incidents have been enough to cause Manhattan Borough President Scott Stringer to suggest possible improvements to subway safety in order to reduce the likelihood of such tragedies.

If you have suffered an injury in New York’s subways or any other public locations, contact Hach & Rose, LLP, at (212) 779-0057 today.


Unsafe Subway Steps Revealed in Viral Video

Recently, a short, documentary-like video of the 36th Street subway stop in Brooklyn has been circulating on the internet. The filmmaker, Dean Patterson, had been tripping up the steps every day when he exited this subway stop, so he decided to investigate whether he was the only person experiencing this issue. How did he accomplish this? By taking advantage of modern video technology, Patterson was able to capture many others repeatedly falling on the same step, some only stumbling and catching themselves and others falling on their faces.

After being posted to YouTube, Patterson’s video quickly went viral. It reached 481,000 views two days after being uploaded on June 27th. Additionally, many members of the YouTube community shared this video on their personal accounts, leading to thousands more views. This prompted news providers such as CNN, MSNBC, the New York Times, and many others to report on the video, encouraging more people to view it and learn more about the danger this subway stop presented.

After the video was posted, the problem causing so many people to fall was uncovered: the steps were not uniform. The one particular step, located in the middle of the staircase, that consistently tripped people was slightly taller than the rest of the steps. This seemingly small difference clearly affected many commuters, both in terms of embarrassment and physical pain. Throughout the video, many innocent individuals are seen falling over this step. Fortunately, in response to the video, the city of New York blocked off the subway exit and decided to take action to correct this issue. (If you would like to watch the video, follow this link.

Since the faulty staircase was in a subway station, the city of New York could have been held liable for any tripping accidents that ensued. However, in New York, governmental entities are entitled to a written notice of the details of an accident within a 90-day time period of when the incident occurred. Formally, this is called a “Notice of Claim.” When suing the city, one must file a Notice of Claim within the required timeframe, or the right sue is forfeited. Unfortunately, the video by Patterson is not substantial enough to be viewed as a Notice of Claim, as it was created to be shared amongst people and not for legal purposes. Moreover, when a Notice of Claim is filed, it must be sent to the proper authorities. Posting a video on YouTube does not meet this requirement.

If you have been injured due to dangerous stairways or other unsafe property, our skilled New York premises liability lawyers can help you with the legal steps necessary to filing a lawsuit. For more information, contact Hach & Rose, LLP, today.


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