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:

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)

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)

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:

Common Winter Accidents

Along with the many joys that the winter season brings us such as festivities with friends and family, travel and engaging in winter sports, the season comes with its own set of injuries that are common during the winter. While we don’t want to lock ourselves indoors until the spring greets us, it is best to be aware of the injuries we are more likely to face because of the nature of winter weather.

The most common winter accidents:

Falling on ice and snow.

On your own property, it is your responsibility to keep driveways clear of any ice or snow to avoid any injuries that are related to slip and falls. Keep in mind that if a slip and fall happens on your property, you can be held liable for damages.

If you slip and fall on or in front of someone else’s property, including that of a business, the owner may be liable if they did not properly and timely clear the area.

Muscle strain from shoveling snow or scraping ice off the car.

Unfortunately, while doing your best to maintain your property, you could suffer injuries from shoveling snow or scraping ice. We encourage taking preventive measures before an accident occurs. Before snow starts falling, consider salting your driveway to prevent a fall. Make sure that your muscles are warmed up by doing some light calisthenics inside to loosen up the muscles. Get the task out of the way earlier in the day before the snow begins to pile up. Finally, instead of lifting the snow to shovel it out of the way, push it. It takes less effort to get the same results and minimizes your chance of injury.

Driving and motor vehicle collisions.

The basic laws of science apply here – the more wet the roads are, the less friction there is between the road and your tires. Make sure that your car is well maintained to be able to meet the challenges that winter conditions present. Take extra caution while stopping, changing lanes or turning.

More people are on the roads during this time of year as well because they have time off or are visiting, so the roads will be more congested. In the event that an accident does occur, and you’ve been injured, go to an urgent care facility or hospital immediately. Afterwards, make sure to call a personal injury attorney to help you to cover your accident-related expenses.

Accidents while playing winter sports and activities

When going out to play, make sure that you have all the proper gear to make for a fun and safe experience.

If you go to a facility to partake in these sports, do your part to ensure your safety. If the area or equipment is faulty, the facility may be held liable. Make sure to get the immediate care you need first, and call a personal injury lawyer afterwards to do the heavy lifting for you.

Three Common Thanksgiving Accidents

Thanksgiving is around the corner and we’re all excited to spend time with our loved ones. While the family and feasting may be at the forefront of our minds, there are some accidents that are more likely to happen during this time of year. Let’s explore a few of the more common ones and how to address them if they do happen to you.

Burns

From candles to unattended ovens and Christmas lights, house fires are more common during the holiday season.

In recent years, serving up deep-fried turkeys has become increasingly popular. Although the end-product can be satisfying, these friers can put you and your family into dangerous situations. Deep friers hold gallons of oil. When there’s too much oil in the pot, it can explode, resulting in severe burns and even damage to surrounding property. Depending on how big the explosion is and how close it is to your home, it can start a house fire.

Some other threats posed by the use of deep friers include burns due to oil splashes. This can occur when water is introduced into the mix. For instance, if the turkey is not properly defrosted before being placed in the oil, splashes may occur, causing burns on any skin or property it may touch.

Lastly, if the deep frier is not properly secured, it can be knocked over and cause burns or a fire.

Car Accidents

During the holiday season, people are flying and driving in from across the world to see their family members. This translates to more people driving on our roads, sometimes unfamiliar with the flow of traffic or inclement weather like we have in New York. The National Highway Traffic Safety Administration has found the week of Thanksgiving to be the deadliest time of the year to drive. In 2012, it yielded the most fatal car crashes of all the holidays – 764 to be exact.

Food Poisoning

The last thing we want to think about during a Thanksgiving feast is food poisoning. Unfortunately, it is quite common, often due to undercooked turkey. In most cases, food poisoning resolves quickly but can cause serious health complications. If so, you may be entitled to compensation for medical bills. If you have been injured, call the Gropper Law Group at 212.366.4600 for legal assistance.

Semi-Truck Car Accidents- Avoiding Blind Spots and Who’s at Fault.

According to the Federal Motor Safety Administration, between 2014 and 2016, the United States had a total of 2,497 accidents involving a large truck while the vehicle was in transport. As we enter the holiday season, you may find yourself traveling on the highways in adverse weather to see family. This article will help you better understand why these accidents happen, what to do if you are involved in one and how to do your best to prevent them.

Common Causes of Semi-Truck Accidents

Truck accidents happen for a variety of reasons, most prominently:

  • Driving under the influence:Although the blood alcohol level for the general population is .08% to qualify for a DUI, drivers who have a CDL have a more strict guideline. If their blood alcohol level is at a .04% when driving, they will be charged with a DUI. The holiday season makes both, car and truck drivers, more susceptible to consuming alcohol. If you are going to enjoy more than one drink, be sure to find a ride home!
  • Distracted Driving:Distracted driving is an encompassing term that includes texting, taking a phone call, lighting a cigarette, moving something in the vehicle, changing the radio, daydreaming or anything that takes the driver’s focus off of the road. Both, the car driver and the truck driver can be susceptible to distracted driving. A second of taking eyes off the road can cause a catastrophe.
  • Preventable Poor Timing:It’s the basic law of physics: the larger an object is, the more energy and time it takes for that object to stop. A large truck is defined as a vehicle that weighs 10,000 lbs or more while a large passenger vehicle weighs about 4,000 lbs. There’s a large disparity there. This is why we often see truck drivers keep a large gap between them and the car ahead. However, some passenger car drivers take advantage of that space to cut in. The truck then doesn’t have enough time to stop, causing an accident to occur.

What Should I Do If I am Involved in an Accident?

If you are involved in a truck accident in or near New York City, first call 911, then call us at 212.366.4600 to make sure you take the right steps to protect yourself. If you have been injured, you will want to have proper representation so that you can get the compensation you need and deserve.

How Do I Prevent An Accident?

There are some common guidelines to follow when driving near one of these large trucks. First, if you cannot see the driver’s face in their side view mirror, then they cannot see you because you are in their blindspot.

When you’re driving behind a truck, you want to stay at least 30 ft behind. If you’re driving in front, stay at least 20 ft in front to give the truck enough time to come to a complete stop if it is necessary.

When passing a truck, pass on their left side so that the truck driver is more likely to see you.

If you or anyone you know has been involved in an accident with a large truck and is in need of help, call the Gropper Law Group at 212.366.4600

New York Car Seat Laws

Tragically, on average, in the U.S., a total of 723 children younger than 13 die due to motor vehicle accidents, which translates to about 60 children every week.

What can I do to keep my children safe while on the road?

First and foremost, make sure to be a responsible driver. Keep your eyes on the road, follow the speed limit, keep both hands on the steering wheel, don’t text and drive and don’t drive while under the influence. I’m sure we can all pledge to do these things.

Statistics show that in about 32% of the 723 children mentioned, the child fatalities were due to improper restraint of the children. About 14% of the total 732 fatalities were due to children sitting in the front seat.

To prevent this, it is imperative that you keep your children in proper restraints.

Let’s take a closer look at New York Car seat laws to provide the utmost safety to our kids:

1. Children who are 4 years old or younger must be properly strapped into federally-approved car seats.

While baby car seats come to mind first when we think of car seats, it is absolutely imperative that children 0-4 years old are riding in a car seat that is appropriate for their age. In addition, in order for these seats to be effective, the seat has to be properly anchored to the car and the child has to be properly strapped in. Not doing so could result in injury or death.

2. Between 4 and 8 years old, the child must sit in a federally approved car seat.

These may include booster seats that are anchored in by a seatbelt, harness vests or safety seats that are age and size appropriate. In some cases, child seats are adjustable so that as your child grows, you can simply adjust the car seat to properly support them.

3. By law, everyone who is 16 or under must be wearing a seatbelt while in the front or back seat of the car.

However, everyone who is riding should be wearing a seatbelt. According to the CDC, wearing a seatbelt reduces the chance of fatality when in a traffic collision by 50%. This not only includes protection from the vehicle or vehicles involved in the accident but also from the impact of the airbags that deploy at speeds of up to 240 mph. In addition, anyone who is not over 4 foot 9 inches will not be appropriately protected by the seat belt. They should be using a booster seat that is properly anchored to the car for proper seat belt protection.

4. While there is no official law in New York that specifies at which age a child can start sitting in the front seat, it is recommended that parents and guardians should refrain from letting their kids sit in the front seat until they are at least 12 years old.

This recommendation comes from the concern of airbag related injuries. As previously stated, they deploy at 240 mph and may result in injury or death especially when coming into contact with a small child.

As parents, we want to do everything we can to protect our children from danger. First, we can start with preventative measures to be the most prepared for the unpredictable conditions on the road. Doing your part can prevent serious injury or death when collisions do occur.

If you were involved in a car accident, call The Gropper Law Group at 212.366.4600 for legal assistance to get the proper care and compensation your passengers deserve.

Seeking Medical Attention After a Car Accident

A car accident can be a stressful time, especially if you have been injured. When severe injuries are evident, an ambulance is called and you are taken to a hospital. But what about when unseen or unfelt injuries later require medical treatment?

Many people involved in an accident refuse medical attention at the scene because they do not feel pain at first. Adrenaline, the same hormone that enables moms to lift cars off their babies, courses through your veins when something shocking such as an accident occurs. It is the body’s way to mask pain so that you may continue to function.

Delayed Pain

If you are involved in a car accident in New York, chances are that the vehicles involved were moving at more than 8 miles per hour. An impact that occurs at a speed as low as 8 miles per hour can cause severe whiplash even if there is no vehicular damage. Imagine what happens to your body when you’re in a collision with another vehicle at higher speeds! Conditions, such as delayed onset of headaches or delayed onset of muscle soreness, often take up to 7 days to become apparent.

What should I do?

The best thing that you can do is to be proactive and seek medical attention immediately following the car accident. Even if it is a simple check-up, it will serve to document the event and show your concern. Get yourself checked out!

While it is always important to pay attention to your body, it is especially so after a traumatic event like an accident – even a small one! We also recommend keeping a record of any pains or restrictions in movement for days following your accident.

Also, to aid your recovery you will want to stay away from any strenuous activities such as working out, lifting heavy objects or otherwise putting any undue stress on your body.

Retaining an experienced New York personal injury attorney for your case during this time is important as they will guide you through all the necessary steps to protect all of your rights. It is important to stay consistent with your doctor’s appointments. Besides helping prevent your injuries from worsening, it will also help prevent an insurance adjuster from later devaluing your claim. Any gap between medical appointments may suggest to a third party that you were not indeed injured at the time of your accident and will be used as an excuse by them to not offer fair compensation for your pain and suffering.

What are some other things I can do following an accident?

At the time of the accident make sure to call the police and have them fill out a police report, even if people around you suggest that you should not. This is often a critical piece of documentation. Also, make sure to document everything that you can. Take down the names and contact information of any names and contact information of any eyewitnesses, even if they also talk with the police directly. Take plenty of photos of the scene of the accident and of any injuries you may have sustained, such as bruising. When taking the pictures, make sure to document everything from many different angles, including your surroundings such as street signs and stop lights. Make sure to save receipts from anything related to your accident such as doctor bills, pharmaceutical receipts and repair bills. Keep track of your out-of-pocket expenses such as copays, prescriptions, transportation expenses, the cost of household help and loss of earnings.

As a driver in a crowded place like New York, it is important to work with attorneys that understand all of the nuances of personal injury law.

If you or someone you know has been involved in an accident and needs legal counsel, do not hesitate to contact us at (212) 366-4600

Personal Injury Summer Edition Part II: Boating Safety

Recreational boating accidents happen more often than you may imagine. In 2017, the U.S. Coast Guard counter 4,291 accidents that involved 658 deaths, 2,629 injuries and approximately $46 million dollars of damage to property as a result of recreational boating accidents.

Operator inattention, improper lookout, operator inexperience, machinery failure, and alcohol use rank as the top five primary contributing factors in boating accidents.

One critical factor is understanding which watercraft the law regards as recreational boats. These include:

  • Jet skis
  • Inflatable boats
  • Pontoons
  • Canoes
  • Paddleboards
  • Kayaks
  • Yachts
  • Sailboats

When an accident occurs, the first step is to identify who or what caused the accident. Did the accident occur due to the operator’s lack of experience or negligence? For example, were there other factors involved?

Another important consideration in any boating accident is whether or not the case will be subject to federal maritime law or state law.

While understanding the law and your rights is good, having an experienced personal injury attorney at your side from the beginning is crucial. In one boating accident case which we are currently handling, the insurance carrier persuaded our (then unrepresented) client to sign a release in exchange for a mere $6,000 which definitely did not fully and fairly compensate him for his hip surgery!

The attorneys for the boat operator attempted to get the case dismissed based upon the signed release but we were able to persuade the Court that the release was not binding under the circumstances.

We hope that your summer is eventful and injury-free. In case you are involved in a boating accident or know someone who is, save our number – 212.366.4600.