Line-of-Duty Injury Lawyer Blog

Westchester County Cop Injured in Crash by Woman Evading Car Stop with Infant in Her Car

Published on: February 14, 2021 | By Robert "Bobby" O'Hare

A Westchester County Cop was injured in the line of duty during a car chase after a fellow officer tried to pull over a driver who was operating a vehicle with a temporary license plate hidden under a dark tinted cover and having heavily tinted windows. In our view, the injured officer certainly has claims for his line of duty injuries under both New York’s General Municipal Law § 205-e and New York’s General Obligations Law § 11-106 and has a right to sue.

The chase started around 1909 hours on Wednesday, February 10, 2021, when a first officer tried to pull over the vehicle, a Nissan Maxima, on the Hutchinson River Parkway in New Rochelle. The vehicle, operated by a 20-year old woman, fled the car stop traveling northbound on the Hutch. Other officers joined in the chase, including the New York State Police and the Westchester County PD’s aviation unit. With PD vehicles following, the Nissan Maxima headed onto Route I-684 northbound where its escape was thwarted by heavy traffic. As the County PD units and State Police closed in, the driver tried to force one marked County PD cruiser off the road. The officer in that car avoided a crash by driving onto the left shoulder of the roadway. As the Nissan Maxima moved from the center lane into the right lane, it struck another County PD cruiser. The Nissan Maxima stopped when it crashed into a snowbank in Lewisboro. Police were surprised to find an 8-month old infant in the back seat of the car. The woman was taken into custody by County PD. Following evaluation by Northern Westchester Hospital Center, the child was released to its family, and child Protective Services was notified. It is unknown why the woman driver fled the police car stop.

The County PD officer operating the cruiser that was struck by the Nissan Maxima sustained injuries.

New York City Police Officer Accidentally Shot with in Face and Chest with Taser Gun by Sergeant is Not Entitled to Recover Damages

Published on: January 25, 2019 | By Robert "Bobby" O'Hare

In a disappointing case on many levels, a New York City Police Officer was accidentally shot in the face and chest with a taser by his sergeant. The officer was assigned as the patrol sergeant’s driver in the Bronx’s PSA 7. He left the PSA to inspect the assigned RMP (police cruiser) before he and the sergeant were to begin patrol. After the inspection, he returned to the main desk of PSA 7 where the sergeant was standing. The officer stood by waiting for the sergeant. The sergeant removed a taser gun from the main desk and conducted a spark test. However, the taser discharged and lodged prongs into the officer’s lower jaw and chest. The officer, who was electrocuted, was immediately rushed to the hospital. The prong lodged in officer’s jaw required surgical removal. Unfortunately, the officer suffered nerve damage from the incident and sued the City and sergeant for common-law negligence and under New York’s General Municipal Law (GML) 205-e which gives all police officers in New York the right to sue for line of duty injuries where a violation of a statute, ordinance, code, rule, or regulation causes directly or indirectly the officer’s injuries. In a disappointing decision, the court denied the officer’s claims.

Under New York’s General Obligations Law § 11-106, officers have a right to sue members of the general public when the officer is injured in the line of duty, that is while engaged in the “lawful discharge of his [or her] official duties.” However, under the old “firefighter’s rule,” an officer still has no right to sue a fellow officer or his or her municipal employer unless it can be shown that the officer was not engaged in official duties. On this point, courts have said that if the activity involved “increases the risk of the injury happening” or if the activity is “plainly a risk associated with the particular dangers inherent in police work,” the officer cannot sue a fellow officer or his municipal employer. Courts have established a really low bar as to what sort of activity is considered a risk plainly inherent to police work.

In this recent case, the court found that merely standing in the police precinct waiting for the sergeant – a mundane activity indeed – “constituted an act taken in furtherance of a specific police function.” The court found (i) that the police officer was on duty and waiting for the sergeant as the sergeant’s operator; and (ii) “the discharge of a taser, accidental or otherwise, clearly constitute[d] a risk associated with the particular dangers of police work,” in part because the sergeant “had received specialized training on using the taser in a safe manner.” The court held the officer was performing police duties that “increased the risk of the injury happening and did not merely furnish the occasion for the injury.” It is unclear from the case, whether the officer was standing in an area of the station house open to the general public and whether that fact would have changed the judge’s mind.

New York Police Officer Recovers $1.5 Million for Slip and Fall on Snow Covered Front Steps While Responding to Burglar Alarm

Published on: February 5, 2016 | By Robert "Bobby" O'Hare

A Nassau County police officer was injured when he slipped and fell on front steps covered with snow at a residence while investigating a burglar alarm. He successfully recovered $1.5 million following a jury trial on his claim against the homeowners under New York’s General Municipal Law (GML) 205-e which gives New York police officers the right to sue for line-of-duty injuries where a violation of a statute, ordinance, code, rule, or regulation gives rise to the officer’s injuries. This law applies to all police officers, including members of the NYPD, and all members of police departments in Westchester, Nassau, and Suffolk counties.

At the time of his fall, the officer was investigating the source of an alarm that had been triggered at a home. In the week before the incident, the alarm had been triggered three separate times, and the police had been notified on each occasion. The alarm company had been instructed to contact the homeowners in the event that the alarm went off, or a relative in their absence. Thus, in this case, the homeowners clearly were on notice that the police had been responding to the alarms at the residence and reasonably could be expected to do so in the future if the alarm was triggered. The snow had last fallen three days before the occurrence. There was no lighting around the home and the officer had to rely on his flashlight. The owners claimed that their home was a summer residence and so they did not hire anyone to remove snow or ice on the property. Following a jury trial in favor of the officer, the homeowners appealed. Continue reading ›

NYPD Sergeant Entitled to Line-of-Duty Pension Benefits

Published on: January 22, 2016 | By Robert "Bobby" O'Hare

A judge overturned an unsupported determination by the New York City Police Pension Fund Board of Trustees and granted a line-of-duty accidental disability retirement to an NYPD Sergeant who had suffered a stroke while searching for an armed murder suspect.

The trustees had only granted the sergeant an ordinary disability retirement following a 6 to 6 vote of the board. Under the law, when a police officer or firefighter suffers a heart attack or stroke there is a presumption that he or she be granted an accidental disability retirement. The medical board had found that the sergeant’s June 2010 stroke was caused by a congenital aneurysm that spontaneously ruptured. However, the court said the pension fund’s findings in this regard were “based on conjecture.”

Zadroga 9/11 Health and Compensation Act Reauthorized; Victims Compensation Fund Renewed

Published on: January 8, 2016 | By Robert "Bobby" O'Hare

As part of the Year-End Tax and Spending Bill, Congress renewed and extended the Zadroga Act for the next 75 years. It essentially makes the program permanent. In doing so, Congress has provided a combined $8.1 billion for the program, and fully-funded, for the next five years, the September 11 Victim Compensation Fund. The president signed the bill into law on December 18^th.

Among other things, the WTC Heath Program will continue to provide vital health care and medical monitoring for 9/11 related illnesses for first responders and survivors. First responders and survivors who have moved out of the NYC metropolitan area will continue to receive necessary health care and medical monitoring. NYC will continue to match up to 10% of the cost associated with the program. Research into diagnosing and treating 9/11 related illness will continue as well.

The September 11^th Victim Compensation Fund which was set to close in October 2016 will continue to provide needed compensation to first responders, survivors, and surviving families. This fund has paid out over $1.44 billion to those who were injured or killed in the line of duty or have fallen in to various cancers and medical conditions. The fund is expecting more claims as delayed onset of various cancers related to 9/11 exposure manifest themselves in the coming years.

Gun Shop Owner to Pay $5.73 Million to Two Police Officers Shot in the Line of Duty

Published on: November 18, 2015 | By Robert "Bobby" O'Hare

A jury ordered Badger Guns, one of the country’s most notorious firearms dealers, to pay $5.73 million for negligence in the 2009 shootings of police officers Bryan Norberg and Graham Kunisch. The officers suffered catastrophic injuries when they were brutally shot in the line of duty.

The landmark case held the firearms retailer responsible for disregarding the potential harm of its guns sales. It is the first verdict of its kind in the nation and sends a strong message that reckless gun dealers will be held accountable and brought to justice. The officers had to overcome a federal law passed in 2005 which granted broad civil immunity to gun manufacturers and dealers. However, there are several exceptions. Among these is that a gun dealer will be held liable for “negligent entrustment” of a firearm to a suspect buyer. It was this exception upon which the jury relied in reaching its verdict, which included $750,000 in punitive damages.

New York Courts Consider When an NYPD Officer Can Sue for Line-of-Duty Motor Vehicle Injuries

Published on: October 8, 2015 | By O'Hare Parnagian, LLP

Two recent New York court decisions demonstrate situations in which police officers are and are not able to sue for damages for a line-of-duty injury.

In Alvarado v. Ortiz, decided by the New York County Supreme Court, the plaintiff was NYPD Officer Alvarado who was injured in a motor vehicle accident while in duty, driving to retrieve a bullet proof vest from an NYPD shooting range. Officer Alvarado was a passenger in a New York Police Department Vehicle driven by her partner when it was hit from behind by defendant Mr. Ortiz. She sustained a serious injury to her neck in the collision.

In certain line-of-duty accidents, officers are prohibited from bringing a personal injury lawsuit against a negligent party. This is due to the “firefighters rule” which prevents firefighters and police officers from recovering damages in negligence lawsuits where the injury arises out of the type of risk they assume as part of their duties. The basis for the rule is that public safety officers such as firefighters and police officers knowingly take on a dangerous profession, and willingly assume the risks associated with those dangers, so the public should not be held liable for injuries that are sustained while the officers are carrying out that function.

In New York, there are exceptions to the firefighters rule written into the General Municipal Law § 205. That section allows officers who are injured in the line-of-duty to sue defendants who violate a statute. To win a case on that basis, the plaintiff needs to show that firstly, a law was violated, secondly, that the violation led “directly or indirectly” to the injury, and finally that the violation was due to the defendant’s omission, neglect, or willful or culpable conduct.

Paramedic Fired for Legitimate Non-Discriminatory Reason

Published on: October 5, 2015 | By Robert "Bobby" O'Hare

In a recent appeals court decision, it was held that an ambulance service was justified in firing a paramedic for violation of company policy, and that the paramedic’s sexual orientation was not a factor in his termination, as was alleged by the paramedic in his lawsuit.

In Miranda v. ESA Hudson Valley, Inc., the plaintiff was a paramedic employed by ESA Hudson Valley, an ambulance service. The Paramedic had responsibility for controlled substances stored in a “narcotics box” for use during his tour of duty. Typically, for each tour, the Paramedic had a key to the inner door of the narcotics box and his Emergency Medical Technician (or EMT) partner had a key to the outer door of the box, a system which was designed so that no one individual would have access to the drugs during the tour. The Paramedic was also responsible for taking inventory of the narcotics box and logging the box in and out at the beginning and end of each tour.

After discovering discrepancies in the controlled substances records and inventory sheets, the Ambulance Service reviewed the surveillance tapes from the camera over the area where controlled substances were kept and learned that that on the day in question, the narcotics box was not properly secured. The Paramedic was fired, allegedly for “a serious violation of company policy regarding the security of controlled substances.” The Paramedic asserted, however, that after he informed some of his superiors he was gay, some six months prior to his termination, he went onto a “hit list” and discrimination was the real reason for which he was fired. The New York Human Rights Law expressly prohibits discrimination in employment on the basis of sexual orientation. The Paramedic sued. His lawsuit was dismissed and he appealed.

NYPD Officer Can Bring Lawsuit Against the City for Line-of-Duty Injuries

Published on: July 12, 2015 | By O'Hare Parnagian, LLP

A New York appeals court has held that a New York City Police Department officer injured when pursuing a suspect on foot across City land can proceed with his line-of-duty injury lawsuit against The City of New York, the owner of the land.

Sergeant Donald Mulham was chasing a suspect across a vacant City lot strewn with debris including crates, wood, sticks, and radios, when he sought to traverse a piece of plywood on the ground. His foot pierced through the plywood, causing career-ending injuries to his right knee and shoulder. Reversing the decision of the Richmond County Supreme Court, the Appellate Division, Second Department, held on October 16, 2013 that a violation of a city health code provision was sufficient basis for the lawsuit.

Mulham brought his claim against the City pursuant to General Municipal Law §205-e which allows for a cause of action for a police officer injured in the line-of-duty by another’s failure to follow “any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments.”

Federal Death Benefit for Fallen Officers, Firefighters, and First Responders Increased to $339,310 for 2015

Published on: February 22, 2015 | By Robert "Bobby" O'Hare

The federal death benefit under the Public Safety Officer Benefits (PSOB) Program for our heroes who die or are killed in the line of duty death has been increased to $339,310 for 2015 (including those deaths occurring on or after October 1, 2014). PSOB programs provide death and education benefits to survivors of fallen law enforcement officers, firefighters, and other first responders, as well as disability benefits to those catastrophically injured in the line of duty.

Line of duty death benefits are payable to eligible survivors (including spouses, domestic partners, children, or parents). Deaths from heart attacks and strokes are presumed to have occurred in the line of duty under the expanded Hometown Heroes Survivors Benefits Act. Spouses and children of fallen public safety officers are also eligible for financial support for college and higher education costs. Additionally, a disability benefit is payable to public safety officers injured in the line of duty and permanently prevented from performing any gainful work in the future.

You can access additional information concerning the Bureau of Justice Assistance, Public Safety Officer Benefits Programs by clicking here: https://www.psob.gov

Robert “Bobby” O’Hare

Bobby O’Hare is a former NYPD Police Officer and Sergeant, EMT for the New York City Emergency Medical Service (EMS), and member of the largest volunteer ambulance service in New York. After getting seriously injured off-duty, he was forced to retire from the NYPD and chose to pursue a legal career, going on to work for some of the largest law firms in the country and handling many complex litigations. For more than two decades, Bobby has fought for the rights of those who have been seriously injured or killed through no fault of their own, including New York police officers and their families injured by perpetrators, reckless drivers, property owners, and acts of medical malpractice. He counsels police officers and first responders on their right to sue for their injuries under New York law, and brings suits against the negligent actors, and the state, counties, cities, towns, villages, or agencies for which the officers and first responders work.