Weisfuse & Weisfuse, LLP, lawyers in New York, NY, New York

DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS

When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse. More...

TORT LIABILITY FOR VIOLATION OF A LEGISLATIVE PROVISION

If a legislative provision protects a certain class of persons by prohibiting or by requiring certain conduct, a person may commit a tort for violating that legislative provision, even if the legislative provision does not include a remedy for the violation. An injured member of that class of persons may be entitled to a tort action against the violator.More...

Abuse of Process

It should be obvious that the purpose of the civil justice system is to permit people to obtain justice. Unfortunately, people sometimes try to use the civil justice system for improper purposes, such as revenge. As one would expect, using the civil justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper use of the civil justice system, and improper use of the criminal justice system other than malicious prosecution, is known as abuse of process.More...

DEFENSES TO ACTIONS INVOLVING RECREATIONAL BOATING ACCIDENTS

When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations. More...

Torts in Golf

Golfers, spectators, and even third parties may be injured by a golf ball or other object on or off the golf course. The owner of the golf course or the golfer who causes the injury may be held liable in a negligence action to the injured party.More...