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Scalding Water & Bath Burn Injuries: Is Your Landlord Responsible?

Shower head of steaming water

If you’ve ever stepped into a shower that suddenly turned dangerously hot, you know how terrifying—and painful—it can be. Unfortunately, we’ve handled several cases where tenants have suffered serious burn injuries from scalding water in their own apartments. These aren’t simple cases. Unlike construction injuries, where strong statutes offer exceptional protections for workers, holding a landlord or managing agent accountable for hot water burns usually requires proving negligence, often tied to a poorly maintained boiler system, faulty plumbing, or ignored warning signs.

What You Have to Prove

To bring a successful case, we need to show more than just a sudden burst of hot water. We have to ask: Why did this happen? Was there an outdated or malfunctioning boiler? Were there prior complaints from other tenants? Did the landlord or building management know about the issue and fail to fix it? These cases require deep investigation, often including expert analysis of the building’s heating system and interviews with other residents. Courts look closely at whether the owner had notice of the danger. Without it, a case can be thrown out, even if the injury was severe.

The Devastating Impact of Scald Burns

Scald burns can cause intense physical and emotional trauma. We’ve represented infants and elderly tenants who couldn’t get out of a bathtub quickly enough, suffering burns that required painful treatments and long recoveries. One client endured serious burns to his legs and feet after being trapped in a tub as the water temperature surged without warning. These cases are heartbreaking because they tend to happen suddenly, and through no fault of the victim.

How We Can Help

If you or a loved one has suffered a scald burn injury at home, you don’t have to navigate the legal process alone. These cases can be challenging, but our team knows how to carefully investigate, gather the right evidence, and fight for the justice our clients deserve. Schedule a free, no-obligation case evaluation or call us at (212) 366-4600.

Resources

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Beyond the Scaffold Law: Common Construction Injuries Are Just as Actionable – With Some Know-How 

Scaffolding with construction worker

Most people are familiar with Labor Law Section 240, the “Scaffold Law,” which provides strong protections for construction workers injured by gravity-related risks, such as falls from scaffolds or ladders or being struck by a falling object. This statute holds owners and general contractors absolutely liable, even if they weren’t on-site or directly involved. However, there are more common construction injuries that don’t make headlines. Workers often trip over things like rebar, loose wiring, debris, or exposed poles — accidents that can result in life-changing injuries.

Legal Protections Beyond the Headlines

For non-elevation-related construction accidents, it’s critical to work with an attorney who knows the other provisions of New York’s Labor Law, like Sections 200 and 241(6), backwards and forwards, and how each court applies them. These laws, along with specific rules in the Industrial Code, provide a path for workers to hold site owners and contractors accountable. Section 200 is more straightforward, focusing on general site safety, while 241(6) is more complex and requires linking the injury to a specific safety rule.

Where You File Matters

Where a case is filed can be just as important as the legal issues themselves, since courts in different jurisdictions follow different case law. Brooklyn and Manhattan, for example, fall under different judicial departments and each has its own interpretation of the statutes.

I handled a case where a worker was seriously injured by a co-worker operating heavy machinery. The owner and contractor weren’t on site, but because the case was filed in Brooklyn, the courts there recognized the safety statute upon which we relied on as sufficiently specific. That allowed us to move the case forward – and ultimately secure a $4 million result for our client. Had that same lawsuit been brought in almost any other part of the state, the case would have been thrown out and our client would have been limited to Workers Compensation benefits.

How We Can Help

If you or someone you know has been injured on a job site, determining whether you have a valid legal claim can be complicated. I’m here to provide the guidance, support, and strategy needed to build a strong case. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

Learn more about construction site safety and worker protections:

 

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The High Stakes of Trucking Accident Cases

Accident sign with truck behind

Trucking accidents are unlike other types of motor vehicle crashes. When a tractor-trailer weighing up to 80,000 pounds collides with a car, SUV, or pedestrian — even at low speeds — the consequences are often catastrophic. These collisions can lead to life-altering injuries, and in many cases, they are completely preventable. Whether it’s driver fatigue, poor vehicle maintenance, or a company failing to screen a driver’s history, trucking accidents raise complex legal issues that demand a strong and experienced advocate.

Why Trucking Cases Are Different

Truck accident cases often involve far more than just the crash itself. There may be critical evidence — like black box data, company safety logs, or proof of prior violations — that can dramatically impact the outcome of a case. In addition, trucking companies are usually backed by larger insurance policies, meaning the stakes are high on all sides.

Real Results from Real Battles

I represented a pedestrian who was crossing the street when a massive construction vehicle turned the corner and clipped her. She was pulled beneath the vehicle and, incredibly, passed between the tires without being crushed. But the injuries she sustained were life-altering. Her case required an in-depth investigation and a long legal battle, but ultimately, we secured a $6.2 million verdict in the Supreme Court, New York County to help provide the care and stability she needed to move forward.

How We Can Help

If you or someone you know has suffered a serious personal injury, I’m here to help navigate the legal complexities, ensuring you can focus on what truly matters: the care of your loved one. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Learn more about trucking safety and accident prevention:

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Legal Action for Your Child’s Burn Injury – It May Not Be Too Late

medical waiting room

As a parent or caregiver of a young burn survivor, you may not have pursued legal action at the time of the accident, as your primary focus was understandably on their care and recovery. As I know firsthand, burn injuries, especially regarding children, involve much more than the initial trauma. The recovery often involves painful procedures, which are particularly difficult for children due to their smaller bodies and delicate skin. Children often require multiple surgeries, physical therapy, and nerve pain management. And these are just the physical effects; the emotional toll can be just as painful. Given the intensity of your child’s medical care, it’s no wonder that legal options may not have been your first concern. 

There May Still Be Time to Seek Compensation

Even if some time has passed, if your child’s burn injury was caused by someone else’s negligence, you very likely still have legal options. In most states, the Statute of Limitations is tolled until the child turns at least 18, giving you more time in which to pursue a claim. Legal action can result in compensation to cover lost earnings, medical expenses, and your child’s long-term care needs. This financial security can help your child as they continue to heal and manage the lasting physical and emotional effects of their injury.

How We Can Help

If your child has suffered a burn injury, even if they’re past 18, it may not be too late to consider your legal options. I’m here to help you understand your rights and guide you through the process. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Learn more about burn injuries and burn injury prevention:

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The Importance of Hiring an Expert Witness in Construction Cases

Construction workers on Scaffolding

In construction site safety cases, engaging an expert witness is critical for a strong case. A qualified expert will visit the site where the accident occurred, evaluate the facts, and provide objective, well-informed opinions before the court. When a case involves details beyond the common understanding of a layperson or jury, experts can explain technical aspects of the incident, like building codes, safety regulations, or construction practices, strengthening the plaintiff’s argument and increasing the chances of a favorable outcome.

The Importance of Early Expert Involvement

The sooner an expert visits the construction site, the better. Early involvement ensures the site remains intact and details are fresh, which is essential for a thorough investigation. Identifying and contacting eyewitnesses, as well as securing photos and video footage – often erased after a 30-day loop – is also crucial. Construction sites can change rapidly, with repairs or modifications potentially obscuring key details. Acting quickly allows the expert more time to gather relevant information and identify key issues, helping to piece together what happened and why, beyond the plaintiff’s account of events.

How We Can Help

If you or someone you know has suffered an injury on a construction site, don’t wait to involve an expert. Let’s discuss how we can collaborate to strengthen your cases with the right expert testimony. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600. 

Resources

Josh was featured in this well-attended webinar about using expert witnesses in construction cases:


Learn more about construction site safety:

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Injured During a Recreational Activity? Waivers Don’t Always Take Away Your Rights

As the summer heat kicks in, more people are heading out to enjoy recreational activities like boating, poolside fun, waterparks, amusement parks, and adventure sports. While these activities are a great way to unwind, they also come with risks. Many facilities ask you to sign a waiver before participating, making it seem like you’re giving up your right to seek compensation if something goes wrong. However, it’s important to know that signing a waiver does not always absolve the facility from liability.

Waivers Aren’t Ironclad When Negligence Is Involved

In cases where negligence plays a role – whether it’s due to improper training, inadequate safety precautions, or poorly maintained equipment – these facilities can often still be held accountable for injuries. For example, if a trampoline breaks unexpectedly or if a boat accident is caused by a defect or lack of proper safety measures, you may still have a valid claim

New York and New Jersey: What the Law Says

In New York, the legal concept of “assumption of risk” can be used as a defense, meaning a defendant might avoid liability if the injured party voluntarily accepted the specific risks involved, especially if they signed a waiver. However, waivers aren’t always enforceable, particularly for paid recreational activities, and won’t protect against clear negligence.

In New Jersey, the assumption of risk defense is generally not enough to defeat a negligence claim. While waivers may still play a role, they can only release liability in specific situations involving inherent risks. Even then, they must not be overly broad or violate public policy.

How We Can Help

If you’re injured during a summer activity, you may have more legal options than you realize. I’m here to help guide you through the legal process and ensure you get the compensation you deserve. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

For more information on staying safe this summer:

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When to File a Personal Injury Suit vs. Workers’ Compensation Claim

When you’re injured at work and considering legal action, it’s not always clear whether to pursue a Workers’ Compensation claim or a personal injury lawsuit. Both offer compensation, but the path you take depends on the circumstances – and understanding the distinction can make all the difference in your recovery. Here’s a quick breakdown to help you understand the difference, and why it matters.

Workers’ Compensation Claims: Benefits After a Workplace Injury

Generally speaking, if you’re injured on the job, you’re automatically entitled to Workers’ Compensation benefits, regardless of fault. If you slip on a wet floor and break your arm at work – whether the accident is your fault or someone else’s fault – you’re entitled to Workers’ Compensation benefits. This means your medical bills are covered by the Workers’ Compensation carrier, and you’ll receive a portion of your wages for the time you’re out of work. You may also be entitled to a small lump sum based upon a set schedule. However, one critical thing Workers’ Compensation does not provide is compensation for pain and suffering.

Personal Injury Claims: Pain & Suffering If a Third-Party Is Responsible

If you believe a third party – someone other than your employer or co-worker – is responsible for your injuries, pursuing a third-party claim opens the door to compensation for pain and suffering, which often goes far beyond what Workers’ Compensation provides.

In the above example, if your fall was due to a recently mopped floor without proper warnings or signage, you can claim Workers’ Compensation benefits since it happened at work. But you may also pursue a negligence claim against third parties, like the building owner, managing agent, or cleaning company. Unlike Workers’ Compensation, personal injury claims require proof of negligence.

New York’s Limits on Lawsuits Against Employers

It’s important to note that in New York, you generally cannot sue your employer or a co-worker for negligence, even if their actions caused the injury. In most cases, Workers’ Compensation benefits are your sole remedy when it comes to work-related claims. A personal injury lawyer experienced in third-party and negligence claims can help guide you through these nuances.

How We Can Help

If you’re uncertain about the right course of action, I’m here to provide clarity and support. I’m committed to helping you choose the best path to ensure your full recovery and compensation. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

For more information on personal injury and Workers’ Compensation claims:

  • Workers Compensation in New York State (click here)
  • Injured Workers Toolkit, New York State (click here)
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New York Labor Laws Promote Safer Construction Sites

As personal injury attorneys who are dedicated to advocating for the rights of injured workers, we want to share some troubling statistics. According to NYCOSH’s 2025 Deadly Skyline Report, 2023 saw the highest number of construction worker fatalities in a decade. New York State experienced 74 fatalities, with 30 of those occurring in New York City alone. These numbers underscore the ongoing danger that construction workers face on a daily basis.

In light of these deaths, it’s important to address some of the criticism surrounding New York’s Labor Laws, particularly Labor Law Section 240 – often called the “Scaffold Law” – which protects construction workers who are at risk of falling from heights or being struck by falling objects.

While often seen as being too plaintiff-friendly, these laws exist for good reason: to hold property owners and general contractors accountable for providing safe working conditions. If a worker is injured or killed due to inadequate safety conditions, Labor Law Section 240 provides important statutory protections over and above standard negligence law.

The loss of 74 lives in accidents that could have been avoided if owners and general contractors had adhered to proper safety protocols is unconscionable. Without New York’s strict Labor Laws, the death toll would likely be even higher.

How We Can Help

I am committed to helping injured workers and their families seek the compensation they deserve under New York’s Labor Laws. If you or someone you know has been affected by a workplace injury, I am here to help navigate the legal process and fight for the justice you deserve. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

Learn more about construction worker safety and preventing workplace injuries:

  • Article: “New York Construction Deaths Reach Highest Number in 10 Years” (click here)
  • Construction Industry Safety and Health (CISHR) (click here)
  • National Safety Council (NSC) (click here)
  • Occupational Safety and Health Administration (OSHA) (click here)
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Why Taking Early Legal Action Can Make or Break Your Injury Case

When someone you love is seriously injured, the last thing on your mind is hiring a lawyer. You’re focused on your loved one’s care, and understandably so.

But bringing in a knowledgeable attorney early – someone who can take care of the complex legal aspects in cases like burns, accidents, or other personal injuries – will actually serve to lighten your load during such a difficult time.

Why Acting Quickly Matters

In burn accidents, securing a fire expert immediately is paramount. The longer you wait, the more challenging it becomes to preserve critical evidence. We work with nationally recognized and certified fire investigation experts who get into the scene as soon as possible, before evidence is moved or destroyed.

The opposing side, including insurance companies, will have experts on hand from the start, often bringing in their own fire expert to create a theory that shifts blame or denies fault.

In motor vehicle accidents and other personal injury cases, eyewitnesses need to be nailed down; crucial video footage – often on a 30-day loop – may be lost if not requested promptly.

There are also strict filing deadlines, such as 90-days for Notices of Claim against municipalities and a 30-day No-Fault deadline for motor vehicle accidents. Missing these deadlines can mean losing the right to pursue your claim or receive important benefits.

How Early Action Pays

We’ve seen how early action pays. In a major motorcycle accident case in lower Manhattan, we received a $2M+ jury verdict due in part to early investigation. Despite no eyewitnesses being listed on the police report, we quickly hired an investigator who found a key witness by posting signs at the accident scene, helping us win the case.

How We Can Help

If you or someone you know has suffered a serious personal injury, I’m here to help navigate the legal complexities, ensuring you can focus on what truly matters: the care of your loved one. Schedule a free, no-obligation case evaluation (click here) or call us at (212) 366-4600.

Resources

Learn more about burn injury prevention: