Tough topic discussed this morning on “Open”. Teacher molestation and actions against a school system. Besides the immediate physical and emotional toll it takes on a life, there’s no way of knowing what the long-term effects will be on a child who has been molested. If you bring an action against a school you will probably have to allege a “Negligent Hiring”. This means that the school did not do the proper background check, etc. Look for the warning signs. Your child may be too ashamed to tell you the truth. David Lesch, Esq.

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Police Brutality can be devastating with long lasting psychological effects. Today on the television show, “Open”, channel 67, I discussed your ability to bring an action against the City of NY and the NYPD for “excessive force”. Most cases involving police brutallity lead to claims for “false arrest”, “malicious prosecution” and “false imprisonment”. Each claim has its own elements that must be proven. Please make sure you file your notice of claim within 90 days to protect yourself. David Lesch, esq.

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During my second part of the “municipal liability” series I touched on the many accidents that occur on City buses. Once again the culprit is the New York City Transit Authority, not the City of New York. The accident that I see most often is the classic fall on a bus as a result of a “violent and sudden stop”. Beware of the “emergency doctrine” and “interlock defense”. Both have been used by the TA to avoid liability. David Lesch, Esq.

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Kicked off a new series this morning on “Open”, channel 67. For the next few months, I will be discussing ‘Municipal Liability”, which covers a wide range of topics. Interestingly, I began with “Subway Liability”, which does not really involve the city, but rather the Transit Authority. Many train and subway accidents occur as a result of preventable human error and some are even due to defective equipment. Make sure you file your notice of claim within 90 days, with the NYCTA, or you will be barred from bringing any action. David Lesch, Esq.

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It was time to end my “Winter Series” this morning. The weather is too beautiful to not start thinking about Spring! However, with the warmth comes the issue of moisture buildup in apartments. This might bring mold, sometimes “toxic”, which can be very dangerous to your health. This morining on “Open” I discussed your right to a “mold free” apartment, and the possibility that an action exists against your landlord for failure to maintain your “warranty of habitability”. Next week, the beginning of a new series. David Lesch, Esq.

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