When you bring a lawsuit seeking compensation
for the harms and injuries you suffered because of someone else’s carelessness, why is your
attorney allowed to allege multiple theories of liability, multiple theories of wrongdoing?
You want to know why I bring this up and why it’s important for you as you’re contemplating
bringing a lawsuit here in New York? Come join me for a moment as I bring you some great
information. Hi, I’m Gerry Oginski. I’m a New York medical
malpractice and personal injury attorney practicing law here in the state of New York. There was
a crazy case recently involving a former NYPD cop who allegedly killed his girlfriend and
now he’s in the subway station, falls onto the tracks, a train runs over him, he loses
both of his legs. He now goes ahead and sues the Metropolitan Transit Authority, the MTA,
claiming that they were careless, that they were negligent. In that claim for $50 million,
he says, “Hey, I’m not responsible. The MTA is responsible for cutting off my legs.” Now, you might think he’d know how this incident
happened or why the MTA would be responsible. Well, according to the New York Post article
recently, he talks about 4 different theories, 4 different ways that this could have happened
that they might be responsible. This is fascinating. First, he says, the guy has no recollection
of how this incident actually happened. This is even better. He mentioned 4 things that
could have happened, according to his attorney, that he was either jostled on a crowded platform,
number two, he slipped on something, number three, some debris fell on him, or number
four, the train conductor should have been able to stop in time. Those are the 4 different
theories of liability and what’s fascinating in this particular case is that this guy has
no memory of exactly what occurred. Someone from the New York Post who’s interviewing
this attorney said, “Well, then how do you know he wasn’t trying to commit suicide and
that this is all his fault?” You know what the attorney said? He said, “That’s a good
question.” Damn right it’s a good question. It’s an excellent question because if he’s
trying to commit suicide, then the MTA would not be responsible at all. How is it that we’re permitted to allege multiple
theories of liability? Well, the reality is in law there some instances, like this one,
where the injured victim doesn’t know precisely how it was they suffered this injury, how
someone was careless. The law actually allows us to allege multiple theories of liability
and then a trial. It is our obligation to show that we are more likely right than wrong,
that what occurred is actually true and that this person was careless or that this company
was careless. If we don’t have the evidence to support each one of those theories of liability,
then the jury is obligated to tell us that in their verdict. By the way, you should also know that if we
allege multiple theories of liability, we only have to show one of them in order to
be able to obtain a verdict in our favor and obtain compensation. Why do I share with you this great information?
I share it with you just to highlight this crazy story and importantly to show you how
it’s possible to allege multiple theories of liability when you don’t know precisely
how it was that someone was careless. I recognize that you’re watching this video because you
likely have questions or concerns about your own particular matter. Well, if you matter
did happen here in New York and you’re thinking about bringing a lawsuit but you have questions
that need to be answered first, what I invite you to do is pick up the phone and call me.
I can answer your legal questions. This is something I do every single day and I’d love
to chat with you. You can reach me at 516-487-8207 or by email at [email protected] That’s it for today’s video. I’m Gerry Oginski.
Have a wonderful day.