Saturday, June 7, 2014

Injured Kids May Not Be Bound By Waivers

I have had many clients whose children were injured but who thought they could not sue because they had signed a waiver.  Fortunately, those clients thought to check with an attorney.  I can only imagine how many people have been dissuaded from filing a lawsuit, or contacting a lawyer, because they signed a waiver that would never hold up in court.

The truth is, when dealing with children, waivers are generally not enforceable.  A small child does not have the capacity to understand or waive their rights, and their parents cannot waive them on their behalf.  

This does not mean that every case is a winner.  Certain activities, particularly sports, carry with them an assumption of risk.  For example, generally, no one is liable when a teenager is hurt getting tackled in football because it is a risk of the activity, and no one was negligent.  

Other activities, particularly when marketed to young children, are not the same as organized sports among older children.  Facilities engaged in laser tag, ice skating, roller skating, trampoline and bounce parks, go carting, and other activities - even when they have you sign a waiver - owe a duty of reasonable care, including appropriate warnings, supervision, crowd control, and keeping their facilities safe. 

Don't assume that because you signed a waiver your child has no rights if they are injured. Call me for a free consultation, 631-482-9700, or email Skreppein@Qhmlaw.com.

 

Sunday, May 11, 2014

100,000 Page Views!

I've passed 100,000 page views!  

Saturday, April 19, 2014

Long Island Attorney

Need an attorney?  Call me for a free consultation.  I am an experienced civil litigator, currently in my eigth year of practice, who regularly obtained favorable results for his clients, has tried numerous cases, and has argued over a dozen appeals (including two before the US Court of Appeals for the Second Circuit).  

I am an effective and efficient professional, who can negotiate a settlement where appropriate, or try a case and win when necessary.  My clients trust my advice, and my colleagues frequently seek my counsel and opinion.  My writing ability is exceptional, and has led to a lengthy list of favorable lower court  and appellate decisions.  

Currently, my practice areas include:

PERSONAL INJURY;

EMPLOYMENT LITIGATION;

MATRIMONIAL AND FAMILY LAW; and

BUSINESS TRANSACTIONS AND LITIGATION

If you need an attorney, call me at 631-482-9700, or email me at Skreppein@qhmlaw.com.


Tuesday, January 28, 2014

Municipal Litigation Attorney

Municipal litigation is a growing area of my practice.  I have substantial experience in the area, ranging from administrative hearings, to State court litigation, to Federal trials and appeals.

In addition to numerous run of the mill slip/trip and fall cases and "lights and sirens" motor vehicle cases, I have litigated a number of highly complex multi-million dollar liability cases dealing with the very limited exceptions to governmental immunity for discretionary judgments.  In one case, I had a client who was rendered a parapalegic in a shooting at a Bronx housing project while basic security measures (such as who would fix broken door locks) were tied up in red tape.  I have had two wrongful death cases related to negligent psych evaluations.  One where a mental patient was improperly released from State care and pushed someone onto the subsay tracks, and another where staffing changes led to a police officer having his firearm returned despite despite imminent threats to use it to kill himself.  I also litigated a case, and won a precedent-setting appeal, on the issue of the duty to report and respond to a third-party assault.

With employment, constitutional, and civil rights issues, I have argued a First Amendment case before the Second Circuit Court of Appes, and litigated multiple such cases before the Federal and State trial courts.  I have litigated several due process cases, including successfully bringing an Article 78 to have a volunteer EMS worksr reinstated to service, and litigating a pro bono appeal on the sufficiency of the hearings over red light camera tickets.  

As I'm writing this, I'm sitting in court waiting to be heard on a case where I am representing a town worker named in a sexual harassment suit, whom the Town is not defending due to a conflict.

I would prefer to have a steady practice representing municipalities, but I may also accept good Plaintiff's cases (assuming there's no conflict).  I have seen many attorneys who are eager to bring municipal claims on the idea that there are deep pockets, but I have a very different approach and perspective.  Municipal claims are difficult to win, and can be a waste of time and resources (mine, the client's, and the public's) if brought unnecessarily.  I have seen personal injury cases, for example, where the client recovered less and waited longer due to adding a poorly thought out municipal claim to an otherwise simple case.  I'm very selective about what plaintiffs' cases I take, but it is because I know the difference between a good case and a bad one.

Tuesday, January 14, 2014

Fisher Price Seahorse lawsuit?

I was just reading that the Fisher Price Ocean Wonders Soothe and Glow Seahorse has a risk of catching fire, but is still being sold.  Fortunately, no-one in the story I heard was hurt, but if someone were injured, I would be interested in being their lawyer.


Friday, January 3, 2014

Suffolk County Personal Injury Lawyer

Car accidents and slip and falls frequently occur in heavy snowstorms and the slippery and icy conditions that follow.  Even days after a heavy snowstorm has ended, thawing and refreezing leads to slick ice on walkways.  On roadways, there is an increased risk of motor vehicle accidents due to low visibility and poor road conditions.   

If you have been injured, I may be able to get you money for your injuries.  I have been representing personal injury clients for over seven years, and have helped clients recover millions of dollars.  

I represent clients in Suffolk County, Nassau County, and throughout New York City (particularly Queens and Brooklyn). I live in Smithtown, my office is in Hauppauge.  

Consultations are free, and personal injury cases are on a contingency basis (1/3 fee - no recovery, no fee).  For personal injury clients, I will also make myself available for home or hospital visits.  

If you need to speak to a personal injury attorney, call me at 631-482-9700 or email Skreppein@qhm.com.

Scott J. Kreppein, Esq.




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Tuesday, December 10, 2013

Slip and fall attorney

We had a couple days of snow in November, but this morning was the first real "Winter" snow.  As a personal injury attorney, I'm on the lookout for good slip and fall cases and Winter-weather car accidents.

Rear end car accidents are probably the most common, and happen even easier on icy roads.  You also see a lot of accidents where people over-shoot a light or a stop sign, or slide into the oncoming lane.

With slip and falls, on a day like today, parking lots and shopping center sidewalks get icy.  On a day like today, the storm itself is over, and stores are under an obligation to exercise reasonable care to prevent slipping.  That means salt.  Even if the snow didn't stick, If a store's employees don't generously salt the areas where people are walking they are asking for trouble.

For a brief video describing my services as a Suffolk County Personal Injury Attorney, click this link.