Distracted driving has become an increasingly dangerous problem for drivers. According to the National Safety Council, nearly 330,000 injuries occur each year as a result of texting while driving. Indeed, drivers who text are six times more likely to cause an accident when compared to driving while drunk. This is, in part, a result of the fact that the average response to a text takes five seconds. That is five seconds where the driver is simply not paying attention to what is going on in front of them.
A construction worker died Thursday, April 21st, when he was struck by a piece of wood while on the job at The Printing House on Hudson Street, in Manhattan. Louis Mata was attempting to dismantle scaffolding from the West Village luxury condo when the plank came loose and fell 10 stories, striking him in the head. Although he was wearing a hard hat at the time, the Matos was taken to Lenox Hill Healthplex with severe neck and back injuries.
A Delaware family became gravely ill during a routine vacation to St. John in the U.S. Virgin Island. During their stay at the Siren USA resort, the family was exposed to the pesticide methyl bromide. The exposure caused the family to suffer severe nerve damage, forcing some into medically induced comas for weeks in order to recover. Although now conscious, the two brothers are barely able to move, and struggle with eating, walking, or even sitting up on their own. The boys' father, while recovering, also suffers from tremors and has difficulty speaking and with his motor skills.
To prevail in a personal injury suit, one requirement a plaintiff bears is proving that the defendant's conduct was a substantial factor in causing of the events which produced the plaintiff's injury. Essentially, a plaintiff need demonstrate that the risk of injury from the defendant's conduct was foreseeable. Without the foreseeability that a defendant's actions could harm someone, there cannot be a duty owed by the defendant to that person, and therefore no negligence for which to impose liability.