Author Archives: gelbstein

Summer Injury Risks: Common Accidents and How to Stay Safe

Summer brings a season full of family vacations, weekend adventures, pool parties, and road trips. While all of this makes summer a favorite time of year for many, it also brings a sharp rise in personal injury risks. From slippery pool decks to crowded highways, accidents can happen in an instant and carry serious consequences. Understanding the common summer injury risks and how to avoid them can help keep you and your loved ones safe during the busiest time of the year.

 

1. Slip and Fall Accidents Around Pools and Patios

Swimming pools are a top destination during the summer months, especially for families. However, the combination of wet surfaces and bare feet makes slips and falls one of the most common poolside injuries. These falls can lead to bruises, sprains, broken bones, or even head trauma.

 

How to stay safe: 

    • Walk carefully near pools and make sure pool decks and patios are equipped with slip-resistant surfaces. 
    • Clean up any puddles or spilled beverages immediately. 
    • Do not run in wet areas and avoid climbing on slippery surfaces.

 

2. Heat-Related Illnesses and Dehydration

Exposure to high temperatures can be dangerous, particularly for young children, older adults, and those with pre-existing medical conditions. Heat exhaustion and heat stroke can occur without warning, especially during long periods of outdoor activity or exercise.

 

How to stay safe: 

    • Drink plenty of water throughout the day and take breaks in shaded or air-conditioned areas. 
    • Avoid intense physical activity during peak heat hours. 
    • Wear lightweight clothing and use sunscreen to prevent sunburns.

 

3. Bicycle and Pedestrian Accidents

Warmer weather means more people biking and walking for recreation, exercise, and commuting. With more activity on sidewalks, streets, and trails, the risk of collisions increases. These types of accidents can lead to serious injuries, including broken bones, head trauma, or spinal damage.

 

How to stay safe: 

    • Always wear a helmet while biking and follow all traffic laws. 
    • Use sidewalks or bike lanes when available and wear reflective or brightly colored clothing to increase visibility. 
    • Make eye contact with drivers at intersections and crosswalks before proceeding.

 

4. Playground Injuries in Parks and Backyards

Playgrounds are a summer favorite, but improperly maintained or overcrowded play areas can pose serious risks. Falls from heights, equipment malfunction, and rough play can result in everything from minor scrapes to concussions and broken bones.

 

How to stay safe: 

    • Choose playgrounds with soft, impact-absorbing ground surfaces like rubber mulch or sand. 
    • Supervise children at all times and make sure play structures are age-appropriate and in good condition. 
    • Teach children how to use playground equipment safely and avoid overcrowded areas.

 

5. Boating and Watercraft Injuries

Boating and jet skiing are popular summer activities, especially near the coast or lakes. But watercraft accidents are among the most serious and can lead to drowning, traumatic injuries, or long-term disability if safety rules are ignored.

 

How to stay safe: 

    • Always wear a life jacket, even if you are a strong swimmer. 
    • Follow all local boating regulations and never operate a boat while under the influence of alcohol. 
    • Make sure all passengers know how to respond in an emergency and are familiar with safety equipment on board.

 

6. Car Accidents and Summer Travel Hazards

Summer road trips and holiday weekends often lead to an increase in traffic volume. More vehicles on the road can mean more accidents. Fatigue, distracted driving, and unfamiliar routes can all contribute to crashes that result in serious injuries.

 

How to stay safe: 

    • Plan your route ahead of time and avoid driving during high-traffic periods whenever possible. 
    • Take regular breaks to avoid fatigue, and limit distractions in the vehicle. 
    • Ensure that everyone wears a seatbelt and that car seats are installed correctly for children.

 

7. Firework and Barbecue-Related Injuries

Backyard celebrations are a summer staple, but fireworks and grills can be extremely dangerous when used improperly. Burns, eye injuries, and even house fires can result from careless handling or faulty equipment.

 

How to stay safe: 

    • Keep a safe distance when lighting fireworks and never allow children to use them unsupervised. 
    • Always follow local laws regarding firework usage. 
    • When grilling, keep the area clear of flammable materials and monitor the flame at all times. 
    • Use proper tools and never leave hot equipment unattended.

 

What to Do If an Injury Happens

Even when you take all the right precautions, accidents can still occur. In many cases, injuries happen because someone else failed to take reasonable safety measures. Whether it involves a poorly maintained property, a distracted driver, or inadequate supervision at a recreational venue, negligence often plays a key role in summer accidents.

 

If you or a loved one has been injured and believe someone else’s actions may be to blame, it is important to understand your rights. A personal injury case can help you recover compensation for medical expenses, lost income, and the physical or emotional toll of the incident.

 

Legal Guidance for Summertime Accidents and Injuries

When an injury disrupts your summer, you should not have to carry the burden alone. Legal guidance can help you understand your options, evaluate whether negligence played a role, and pursue compensation to support your recovery.

If you were hurt this summer, help is available. Call (855) LAW-2407 today to schedule a free consultation and learn more about how you can protect your rights and take the next steps toward recovery.

Injured at a Hotel or Airbnb? Know Your Legal Options

Whether you’re traveling for work or a weekend getaway, staying at a hotel or Airbnb should be a safe and comfortable experience. Unfortunately, that’s not always the case. Accidents can happen when properties aren’t properly maintained, and what begins as a relaxing trip can quickly turn into a stressful situation. If you’ve been injured during a stay, it’s important to understand your rights and the legal options you have.

 

Common Injuries That Can Occur

Injuries at hotels and short-term rentals are more common than many people realize. In many cases, these accidents are preventable. When property owners or managers fail to keep the environment safe, guests can get hurt and may be entitled to compensation. 

 

Here are some common injuries that may occur: 

  • Slip and fall accidents caused by wet floors, poor lighting, or loose carpeting.
  • Injuries from broken furniture, railings, or stairs.
  • Burns or electrical injuries resulting from faulty appliances or malfunctioning water systems.
  • Bed bug infestations causing physical and emotional harm.
  • Assault or robbery due to lack of proper security measures.

 

What to Do After an Injury During Your Stay

If you’re injured at a hotel or Airbnb, taking the right steps immediately can protect both your health and your legal rights. Follow these steps to help preserve important evidence and give your legal team the tools they need to pursue a strong claim on your behalf.

 

Make sure to:

  • Seek medical attention right away, even if your injury seems minor. 
    • Prompt documentation is critical to both your recovery and your case.
  • Report the incident to hotel management or your Airbnb host as soon as possible. 
    • Ask for a written or digital record of the report.
  • Document the scene by taking photos or videos of the hazardous condition, your injuries, the lighting, surroundings, and any lack of warning signs.
  • Gather contact information from any witnesses who saw what happened.
  • Save all related documentation, including your booking confirmation, receipts, and any communication with the host or property staff.
  • Avoid discussing the incident on social media or with insurance adjusters before consulting with an attorney.

 

The Role of Premises Liability Law

Most cases involving injuries at hotels or Airbnbs fall under a legal principle known as premises liability. This area of law holds property owners or managers accountable when unsafe conditions lead to someone getting hurt.The focus isn’t on intent; you don’t need to prove that the injury was intentional. Instead, the law looks at whether the responsible party acted negligently by failing to fix a dangerous condition or warn guests about it.

 

It’s also important to understand your status on the property. If you were a paying guest at a hotel or Airbnb, you are owed a high duty of care. However, if you were on the property without permission, such as a trespasser, your legal protections may be more limited. These distinctions matter, and our experienced attorneys can help you understand how they affect your case.

 

Airbnb vs. Hotel Claims: What’s Different?

While both hotels and Airbnbs can be held legally responsible for guest injuries, the process of filing a claim can vary significantly.

 

Here are some of the major differences:

  • Hotels typically have commercial insurance coverage, along with established procedures for handling injury claims. They are often represented by legal teams and insurance adjusters who regularly manage these types of cases.
  • Airbnb incidents may involve multiple layers of coverage, including:
    • The host’s homeowner’s or renter’s insurance, which may or may not cover guest injuries.
    • Airbnb’s Host Protection Insurance, which offers up to $1 million in liability coverage, but only under specific conditions and with several exclusions.
  • Filing a claim after an Airbnb injury is often more complex and may require:
    • Direct communication with the host and Airbnb.
    • Detailed documentation of the injury, property condition, and incident timeline.
    • Legal support to determine which policy (if any) applies and how to access benefits.

 

How We Can Help

An injury can create unexpected challenges, from medical bills to time away from work. We understand how overwhelming these situations can be. Whether your injury resulted from negligence, hazardous conditions, or improper maintenance, our legal team is prepared to investigate the facts, determine liability, and fight for the full compensation you deserve.

 

We handle every step of the legal process so you can focus on your recovery. If you were injured at a hotel or Airbnb, don’t navigate it alone. Contact Gelbstein & Associates today at (855) LAW-2407 to schedule your free consultation.

What to Do If You’re Injured at a Public Event or Festival

Public events and festivals are meant to bring people together for music, food, community, and fun. However, large crowds and fast-paced environments can also create serious safety hazards. From slip-and-falls to crowd-related injuries, an unexpected accident can turn an enjoyable day into a painful and overwhelming experience.

 

If you’ve been injured at a festival, concert, fair, or other public gathering, it’s important to know your rights and understand the steps to take to protect your health and your potential claim.

 

Common Injuries at Festivals and Events

Injuries at public events can happen in a variety of ways. Some common injuries include:

  • Slips, trips, and falls due to uneven ground, spilled drinks, or exposed cables.
  • Crowd-related injuries such as being pushed, knocked down, or trampled.
  • Structural issues, like unstable stages or broken seating.
  • Injuries from vendors, including burns from hot food or food borne illnesses.
  • Accidents involving rides or attractions, which may be poorly maintained or improperly operated.

 

No matter the cause, you should never assume you’re at fault or that your injury was simply bad luck. These situations are more than just unfortunate mishaps, they’re often the result of someone else’s negligence.

 

Who May Be Responsible?

Identifying who is responsible for your injury is one of the most important parts of any personal injury case. Depending on the circumstances, liability could fall on the event organizer, the property owner, a vendor, a hired contractor, or even a city or municipality if the event was held in a public space. It is even possible for multiple parties to share the blame. Our experienced attorneys can help identify the responsible parties and determine the best course of action.

 

What to Do Immediately After the Injury

The actions you take after an injury can significantly affect your case. Gathering this information early on helps preserve evidence and supports your claim. 

 

Make sure to:

1. Get medical attention right away, even if your injuries seem minor.

2. Report the incident to staff, security, or the event organizer.

3. Take photos or videos of the scene, your injury, and any visible hazards.

4. Get the contact information of witnesses.

5. Avoid making statements to insurance adjusters or event representatives before speaking with a lawyer.

 

Building a Strong Case

Time is critical when it comes to public event injury claims. Temporary setups are often removed quickly, and details can disappear fast, making it essential to gather evidence as soon as possible. 

 

Incident reports, medical documentation, surveillance footage, eyewitness statements, event layouts, vendor agreements, and even social media posts or local news coverage can all play a role in establishing the facts of your case. With more documentation, you will have a stronger claim. Our goal is to build a clear and thorough case that demonstrates negligence and protects your right to compensation.

 

Your Recovery Starts With the Right Legal Support

Injury cases that involve public venues and large crowds can be complicated. Our team understands the challenges involved and knows how to handle them. We identify every responsible party, fight for your full compensation, and manage all the legal details so you can focus on recovery.

 

Whether you’re dealing with broken bones, emotional distress, or long-term medical care, you deserve strong legal support. An injury at a public event can impact every area of your life. The consequences can be overwhelming, but you don’t have to face them alone. Contact us today at (855) LAW-2407 to schedule a free consultation and learn how we can help.

When an Injury Affects Your Mental Health: Compensation for Emotional Distress

Not all injuries are physical, emotional distress is real. Emotional distress is emotional pain and suffering that occurs because of the negligence or intentional acts of another, usually in a physical nature. Some common symptoms may include anxiety, flashbacks, depression, PTSD, and mood swings. We understand that injuries can affect more than just your body, and we’re here to help. 

How Emotional Distress Is Proven in a Personal Injury Case

In a personal injury case involving emotional distress, there are specific factors that can help prove your case. 

  • Medical records, along with therapist notes and formal mental health diagnoses are all important in proving your emotional distress.
  • A testimony from a mental health professional and the injured party is another way to prove emotional distress.
  • If you keep any personal notes or journals, these can be used as well.
  • Any friends and family that witnesses your emotional distress may be of help.

Why Insurance Companies Push Back

Insurance companies tend to push back on emotional distress in personal injury cases. Emotional distress is “invisible” and hard to quantify. They may also downplay or dismiss emotional trauma without proper documentation. Our team is here to present a strong claim to help you receive proper compensation for what you’ve been through, not just physically. 

Emotional distress is just as real and damaging as physical injuries. If your mental health has been affected after a personal injury, you don’t deserve to suffer in silence. Gelbstein and Associates is here to support you through this difficult process. To get started today, call us at (855) LAW-2407.

Pre-Existing Conditions and Personal Injury Claims: What Are Your Rights?

Many individuals who have a pre-existing condition may hesitate to file a personal injury claim. However, you can still be entitled to compensation, even if you weren’t in perfect health prior to the accident. This is why it is important to understand how the law handles aggravation of pre-existing injuries. 

Pre-existing conditions are any injuries or illnesses that existed before the accident. Some examples of this include back problems, joint issues, arthritis, etc. Aggravation of a pre-existing condition refers to the worsening of a condition or illnesses that the plaintiff had prior to the accident. 

Proving the Accident Made Your Condition Worse 

Proving your condition was made worse from an accident can be difficult without proper documentation and other factors. When dealing with a personal injury claim and a pre-existing condition, you must consider the following factors.

  • Clear medical documentation– Having clear medication documentation from both before and after your accident is important. 
  • Doctor’s opinion– Your doctor’s opinion will play a large role in establishing aggravation.
  • Timely treatment– It is crucial to seek medical treatment immediately after your accident to create a clear timeline.

Challenges You Might Face

Unfortunately, insurance companies may try to argue that your pain is from your pre-existing condition, and not the accident. It is important to be aware of the challenges you may face so you can stay ahead of it. 

  • Extensive Medical History– You may be asked to provide this, as they’ll want to comb through it to find anything that could weaken your claim. 
  • “Eggshell Plaintiff” Argument Denial– This is another common tactic where insurance companies will attempt to sidestep their responsibility by blaming your physical vulnerability. However, under New York law, defendants must take injured victims as they find them, even if you’re more susceptible to injury due to a pre-existing condition.

You deserve to be heard, and Gelbstein and Associates is here to help. We can present your medical history in a way that supports your claim. Ready to find out how we can help? Contact us at (855) LAW-2407 today, and you’ll receive a free consultation. 

Pedestrian Accidents at Night: Proving Fault When Visibility Is Low

Even though New York City is bright and alive at night, there’s still the risk of walking in the dark at night. Limited visibility makes it difficult for drivers to see pedestrians, which leads to more, often worse accidents. 

Common Causes of Nighttime Pedestrian Accidents

    • Wearing dark clothing– Drivers may be unable to see pedestrians well if they’re in dark clothing
    • Distracted driving
    • Inadequate street lighting or signage
    • Speeding or failure to yield at intersections
    • Limited visibility– Poor conditions, such as fog, snow, and rain can cause limited visibility for both drivers and pedestrians

How Fault Is Proven When Visibility Is Limited

Proving fault when visibility is limited can be difficult. There are a few ways that fault can be proven during a situation like this.

    • Investigating the scene– Lighting, weather, traffic signals, and crosswalks are all factors to be investigated.
    • Gathering evidence– It’s crucial to gather police reports, witness statements, and nearby surveillance footage.
    • Proving driver negligence– Speeding, failure to yield, distracted or impaired driving.

When visibility is low, these situations become more complicated. We’re here to help and serve you, so you can focus on a smooth recovery and not have to stress about your case. We have all the tools, experience, and dedication to help you receive justice. Contact our team today to get started – call (855) LAW-2407.

Personal Injury for Bicycle Accidents: Know Your Rights on the Road

Cycling is a common way to get around, especially in New York City. It should be a safe and enjoyable experience, but with careless drivers and hazardous road conditions, cyclists often have to pay the price. We understand how devastating a bicycle accident can be, and we’re here to support you. It’s imperative that you understand your rights and how the law can protect you as a cyclist. 

Cyclist Have Rights

What are the rights you have as a cyclist? These are important to know to ensure you are abiding by the law, but also to know how you’re protected. Bicyclists have all the same rights and are subject to all the same responsibilities that are applicable to drivers of motor vehicles. Here’s some of the basics you should know as a cyclist. 

    • Cyclists are not allowed to ride on the sidewalks.
    • Bicyclists must use hand signals to turn left and right, as well as to stop or decrease speed.
    • Bicyclists must not wear more than one earphone attached to any audio device while riding.
    • Bicyclists must use bike lanes or pathways unless otherwise stated.
    • The driver must have their hands on the handles whilst riding, as well as both feet.

Common Causes of Bicycle Accidents

    • Dooring– This occurs when a driver opens their door in a cyclist’s path without looking.
    • Blind spots
    • Reckless and distracted driving
    • Speeding
    • Poor road conditions or construction zones (without signs)

What To Do After An Accident

    • Seek medical attention– even for minor injuries
    • Call the police and get an official report
    • Gather evidence photos, witness info, driver insurance
    • Avoid making statements to insurance representatives before consulting an attorney

We understand how overwhelming the aftermath can be, and we’re here to take that burden off your shoulders. From investigating the details of your case to negotiating with insurance companies and fighting for full compensation, we’re committed to protecting your rights every step of the way. Let us help you focus on healing while we focus on justice. Contact us at (855) LAW-2407 today to schedule a free consultation! 

Estate Planning – Secure Your Legacy Today

Many people mistakenly believe that estate planning is only for the very wealthy, but in reality, it’s a critical step for anyone looking to protect their assets and provide for their loved ones. By having a clear plan in place, you can ensure your hard-earned property and resources are distributed according to your wishes. At Gelbstein & Associates, we specialize in comprehensive estate planning, guiding you through each stage to create a plan that reflects your values and safeguards your legacy.

Why Estate Planning is Important

  1. Avoid Probate Delays
    When someone passes away without a will or trust, their estate typically goes through the probate process, which can be time-consuming, costly, and stressful for loved ones. By setting up a proper estate plan, you help streamline the transfer of assets, minimizing potential legal hurdles and reducing delays in getting property to your beneficiaries.
  2. Minimize Taxes
    Estate taxes can significantly reduce the amount of inheritance passed on to your heirs. A well-structured estate plan includes strategies to minimize tax liabilities, such as setting up trusts or gifting assets during your lifetime. These methods help preserve more of your estate for the people you care about, maximizing the benefits they receive.
  3. Protect Loved Ones
    Clear instructions regarding asset distribution can prevent disputes and confusion among family members. An estate plan often includes important documents like wills, trusts, powers of attorney, and healthcare directives that ensure your wishes are carried out should you become unable to make decisions yourself. This not only provides peace of mind but also offers vital guidance for your loved ones during difficult times.

The Importance of Planning Ahead

Estate planning is about more than just dividing your property—it’s also about securing your family’s future. A well-executed plan anticipates medical or financial challenges, provides for minor children or dependents, and addresses your unique circumstances. When you plan ahead, you offer your loved ones the reassurance that they’ll be cared for in accordance with your desires, preserving your legacy and the values that matter most to you.

Don’t leave your future to chance—schedule a consultation with Gelbstein & Associates and start crafting your estate plan today. Together, we’ll develop a strategy tailored to your needs, ensuring your assets are protected and distributed exactly as you intend.

Understanding Your Rights as a Tenant or Landlord

Real estate laws can be particularly complex, and nowhere is this more evident than in landlord-tenant relationships. Whether you own rental property or are renting a home, knowing your legal rights is essential for protecting your interests and avoiding disputes. At Gelbstein & Associates, we help landlords and tenants navigate the legal landscape to ensure fair and lawful agreements.

Lease Agreements

A lease agreement is one of the most important documents in any landlord-tenant relationship. Before signing, it’s crucial to understand each clause and how it might affect you throughout the duration of the lease. For landlords, this means crafting a lease that clearly outlines payment terms, rules of occupancy, and maintenance responsibilities. For tenants, it involves reviewing all obligations—such as rent due dates or limitations on property use—to ensure the lease aligns with your expectations. Clarity at this stage can prevent misunderstandings that could lead to costly conflicts down the road.

Eviction Laws

Evictions can be stressful for both landlords and tenants. Every jurisdiction has its own set of rules that must be followed precisely, from providing proper notice to adhering to specific timelines. As a landlord, it’s important to understand when and how eviction procedures can be enforced, as well as the valid grounds for eviction (such as nonpayment of rent or lease violations). Tenants should also be aware of their rights during an eviction process, including the requirement of adequate notice and the opportunity to address or dispute the reasons for eviction.

Tenant Rights

Beyond rent and eviction concerns, tenants have a variety of legal protections to shield them from unlawful practices. These can include regulations around habitability (ensuring that the rental property meets basic living standards), privacy rights (landlords typically must provide notice before entering the property), and anti-discrimination laws that prohibit denying housing based on factors such as race, religion, or disability. Understanding these rights not only helps renters maintain safe and respectful living conditions but also ensures landlords meet their legal obligations.

Having a clear grasp of landlord-tenant laws can help both parties maintain productive relationships and avoid unnecessary legal disputes. If you have questions or concerns about your rights as a tenant or landlord, Gelbstein & Associates is here to guide you through each step of the process. We’re committed to helping you navigate the real estate landscape, so you can focus on what matters most—feeling secure and confident in your rental arrangements.

Protecting Your Business with Strong Legal Contracts

Contracts are the foundation of any successful business, serving as binding agreements that set the terms and conditions for your professional relationships. Whether you’re entering a partnership, hiring employees, or working with vendors, having comprehensive and clearly defined contracts is crucial for protecting your business. At Gelbstein & Associates, we specialize in creating legally sound contracts that safeguard your interests and support smooth operations.

What Makes a Strong Contract?

  1. Clarity & Precision
    Well-drafted contracts remove any ambiguity by clearly outlining the roles, responsibilities, and expectations of all parties involved. This level of detail helps prevent misunderstandings, ensuring everyone is on the same page from day one.
  2. Legal Compliance
    A strong contract aligns with local, state, and federal laws, reducing the risk of costly legal challenges. By staying informed about the latest regulations, our team at Gelbstein & Associates ensures that your contracts are compliant and up to date.
  3. Dispute Resolution Clauses
    Even the best business relationships can face challenges. Including well-defined dispute resolution clauses helps you address potential conflicts proactively. By agreeing on how to handle disagreements beforehand—whether through mediation, arbitration, or other methods—you can avoid lengthy and expensive legal battles.

The Importance of a Well-Drafted Contract
A robust contract provides more than just legal protection; it establishes trust and stability in your professional dealings. By laying out clear terms and conditions, you set the foundation for productive partnerships and help ensure your business operations run smoothly. The peace of mind that comes from knowing your agreements are legally sound allows you to focus on growth and innovation, rather than worrying about potential disputes.

A solid contract can be the difference between a thriving business and a costly dispute. Let Gelbstein & Associates help you create agreements that protect your interests, minimize risks, and support your long-term success.