{"id":8474,"date":"2021-07-01T12:11:12","date_gmt":"2021-07-01T16:11:12","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/stay-safe-over-the-holiday-weekend\/"},"modified":"2021-07-01T12:11:12","modified_gmt":"2021-07-01T16:11:12","slug":"stay-safe-over-the-holiday-weekend","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/stay-safe-over-the-holiday-weekend\/","title":{"rendered":"Stay Safe Over the Holiday Weekend"},"content":{"rendered":"<p>New York Governor Andrew Cuomo recently announced that the state was <a href=\"https:\/\/www.nytimes.com\/2021\/06\/15\/nyregion\/coronavirus-restrictions.html\" target=\"_blank\" rel=\"noopener\">ending most coronavirus restrictions<\/a> in time for the Independence Day holiday weekend. California, a similar move at about the same time.<\/p>\n<p>Coronavirus vaccines and protective measures have reduced this disease to a few pockets, mostly in overseas countries.<\/p>\n<p>But other risks, which most of us haven\u2019t worried about for far too long, are taking the place of COVID-19.<\/p>\n<p>If you employ a few precautions, this July 4th might be the safest and most fun one your family has experienced.<\/p>\n<p>If things go sideways, you can rely on a <a href=\"\/practice-areas\/personal-injury\/\">New York personal injury attorney<\/a> to help you come back strong.<\/p>\n<h3>Fireworks<\/h3>\n<p>Almost <a href=\"https:\/\/www.cpsc.gov\/s3fs-public\/2019-Fireworks-Annual-Report.pdf?La_ZzaoEeI_FXhMNJSoIyO8BhrBbcA4B\" target=\"_blank\" rel=\"noopener\">75 percent<\/a> of fireworks-related Emergency Room visits happen between late June and late July.<\/p>\n<p>Nearly all of these injuries involve serious burns, mostly to the hand and\/or face. Since most of these incidents occur in semi-rural areas, the nearest hospital is usually several minutes further away than it is in the city.<\/p>\n<p>These few minutes could be the difference between a serious injury and a catastrophic wound.<\/p>\n<p>Generally, fireworks-related burns require extensive, and expensive, treatment at regional burn centers.<\/p>\n<p>Even after doctors and physical therapists complete their work, the physical and emotional scars remain.<\/p>\n<p>Legally, these cases are much different than they were ten years ago. Back then, firework injury victim\/plaintiffs had a hard time obtaining compensation, unless they showed that the fireworks were defective.<\/p>\n<p>But a 2011 New York Court of Appeals case <a href=\"https:\/\/scholar.google.com\/scholar_case?case=4140478966904358638&amp;hl=en&amp;as_sdt=6&amp;as_vis=1&amp;oi=scholarr\" target=\"_blank\" rel=\"noopener\">eliminated<\/a> a defense commonly known as \u201cthe product is what it is\u201d defense.<\/p>\n<p>Essentially, these product makers must now show that a safer alternative was unavailable.<\/p>\n<h3>Water Safety<\/h3>\n<p>Collisions are the leading cause of boat-related accidents. The force of a collision could seriously injure both operators and passengers.<\/p>\n<p>Boats generally don\u2019t have seat belts, airbags, or other safety restraint systems. Furthermore, most boat operators are in the open.<\/p>\n<p>Steel and plastic cocoons do not protect them. Therefore, even in a relatively low-speed collision, many operators bang their head on steering wheels and suffer other such injuries.<\/p>\n<p>Collision-related head injuries are particularly difficult to diagnose and treat.<\/p>\n<p>Doctors often mistake initial symptoms, such as disorientation, with shock from the accident. Additionally, the brain is very adept at concealing its own injuries.<\/p>\n<p>Many head injury victims quite honestly \u201cfeel fine.\u201d So, unless victims see collision specialists, their head injuries often go undiagnosed.<\/p>\n<p>Boat collisions also often cause man-overboard drownings.<\/p>\n<p>In the noise and chaos following an accident, these victims might be below the waves for several minutes before anyone notices they are missing.<\/p>\n<h3>On the Road<\/h3>\n<p>Many people plan to drive this weekend, many people plan to drink, and many people will do both these things at once.<\/p>\n<p>To hopefully stem the tide, New York City-area law enforcement agencies plan to set up several sobriety checkpoints in and around the Big Apple.<\/p>\n<p>Yet despite these efforts, alcohol-related wrecks will almost certainly kill or seriously injure many people over the three-day weekend.<\/p>\n<p>If the tortfeasor (negligent driver) was charged with DUI, the negligence <em>per se<\/em> rule could apply. Tortfeasors are liable for damages as a matter of law if:<\/p>\n<ul>\n<li>They violate safety laws, and<\/li>\n<li>These violations substantially cause injury.<\/li>\n<\/ul>\n<p>Usually, the negligence <em>per se<\/em> rule applies even if the tortfeasor \u201cbeats\u201d the DUI in criminal court.<\/p>\n<p>There\u2019s a difference between intoxicated and impaired.<\/p>\n<p>Most people are intoxicated after three or four drinks. Impairment, however, begins at the first drink. Driving while impaired violates a driver\u2019s duty of care.<\/p>\n<p>This duty requires motorists to be at their best when they get behind the wheel.<\/p>\n<p>Additionally, non-commercial drivers must avoid accidents when possible and drive defensively. Evidence of alcohol impairment includes:<\/p>\n<ul>\n<li>Bloodshot eyes,<\/li>\n<li>Unsteady balance,<\/li>\n<li>Slow reflexes, and<\/li>\n<li>Slurred speech.<\/li>\n<\/ul>\n<p>To obtain compensation, victim\/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.<\/p>\n<p>This circumstantial evidence could also establish third-party liability.<\/p>\n<p>Bars, restaurants, and other commercial alcohol vendors in New York are financially responsible for damages if they sell alcohol to a visibly intoxicated person who later causes a car wreck.<\/p>\n<p>We sincerely hope everyone has a great time celebrating freedom this weekend.<\/p>\n<p>For a free consultation with an <a href=\"\/contact-us\/\">experienced New York personal injury attorney<\/a>, contact Napoli Shkolnik . We handle these matters on a nationwide basis.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>New York Governor Andrew Cuomo recently announced that the state was ending most coronavirus restrictions in time for the Independence Day holiday weekend. California, a similar move at about the&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8475,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[824,851,935,964,971,982,986,992,993],"class_list":["post-8474","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-auto-accidents","tag-personal-injury-lawyers-near-me","tag-boating-accidents-attorney-new-york","tag-personal-injury","tag-health-and-safety","tag-holiday-tips","tag-holiday-travel-tips","tag-coronavirus","tag-covid-19"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8474","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8474"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8474\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8475"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8474"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8474"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}