New York Injury Law Blog » Civil Rights

Trapped on a Plane on the Tarmac: New York is the Biggest Culprit

Steven Orlow — Thu, 27 Aug 2009 11:17:10 +0000

HALF OF SUPER LONG DELAYED FLIGHTS ARE IN NEW YORK AIRPORTS : JFK, LAGUARDIA, NEWARK

I recently wrote an article on passengers stuck on planes on the tarmac. According to Senator Charles Schumer, over half the flights experiencing “superlong delays” (three hours or more) were headed to or from the New York area airports (JFK, LaGuardia or Newark). In June of this year this amounted to 90 of 173 flights nationwide.

[youtube=http://www.youtube.com/watch?v=pV_LjtFE-lI&hl=en&fs=1&]

Proposed Legislation

Sen. Schumer proposed a law that would require airlines to let passengers return to terminals after three hours, provide food and drinking water aboard stalled planes and keep restrooms in working order and air well ventilated. A federal law is required because a similar New York law was struck down by the courts which ruled airline travel had to be regulated by the federal government.

Until such a law is passed, passengers should not exclude the possibility of a lawsuit against the offending airline. If you have been the victim of one of these airlines and their neglect make sure to contact a qualified personal injury attorney in New York.

Strip Searches

Steven Orlow — Tue, 30 Jun 2009 19:29:22 +0000

A “Strip Search,” which involves the compulsory removal of clothing pursuant to an order by some official, is a degrading and humiliating experience. Regardless of the circumstances, this experience, in and of itself, can leave an indelible impression on the affected individual.

Most often, the issue arises when police officers are involved. The guidelines established by the New York City Police Department would appear to treat the issue with requisite seriousness, and seem to establish certain safeguards to see that a “Strip Search” is conducted only under proper circumstances. As is so often the regrettable case, these guidelines are either ignored or unknown to many officers, with unfortunate results.

A recent case decided by the United States Supreme Court (Safford Unified School District v. April Redding**) declared that students may be “strip searched” by school officials “…only in the most extraordinary situations.” The bar for valid strip searches in schools was thereby raised..

If anyone is subjected to a “Strip Search”, and if is unclear in the least to that person why he or she was subjected to that humiliating procedure, it is important to contact an experienced civil rights attorney to discuss the circumstances. Even if you were arrested or issued a summons, the “Strip Search” itself may have been uncalled for and inapropriate, and may be the subject of a lawsuit by the victim of such a search.

**http://www.oyez.org/cases/2000‑2009/2008/2008_08_479

Public Employee Lawsuits vs. Private Employee Lawsuits

admin — Tue, 17 Nov 2009 22:46:19 +0000

LAWSUITS BY PUBLIC EMPLOYEES vs. LAWSUITS BY

EMPLOYEES OF PRIVATE EMPLOYERS

In every lawsuit based on a party’s “negligence”, in addition to a recovery for “pain and suffering”, the injured party is entitled to recover for the amount the injured party paid for medical costs and for the loss of future earnings. A person with such a lawsuit who is in the PRIVATE sector has any eventual award they win reduced by any reimbursement they have received, or will receive, through such vehicles as medical insurance, disability payments or disability pensions. This stands to reason: the law does not allow a windfall to the injured party by permitting “double dipping”.

This was not so with New York PUBLIC sector employees.

Until just November, 2009 any New York PUBLIC sector employee, suing any municipality or subdivision, could recover for medical costs and future earnings regardless of the fact they already received, or would receive in the future, reimbursement for those items from some othersource, such as a union disability pension or fund. A true “double dipping” windfall. This situation has ended by act of the New York Sate legislature. The situation for the Public sector employee is now the same as for the Private sector employee (and likewise, for the Private sector employer and the Governmental employer) “double dipping” is over, for everyone! In this time of deep cuts in all governmental budgets, New York City alone stands to save about fifteen million dollars this year because of this new legislation. Small wonder this legislation passed almost unanimously in both houses of the New York State legislature.