Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Friend imprisoned in NYS facility was taken by car to an…

Customer Question
Friend imprisoned in NYS...

Friend imprisoned in NYS facility was taken by car to an outside medical appointment. He was in a wheelchair, hands in handcuffs - without any seatbelt restraint - when the car collided with another vehicle. He was thrown forward from the wheelchair, resulting in his face hitting the glass window between driver and him. The glass shattered, resulting in cuts to his face, requiring sutering. Can the prison be held responsible for his injuries?

Lawyer's Assistant: What state is this in? And how old is the car?

New York State. Do not know age of car transport.

Lawyer's Assistant: Has anything been filed or reported?

The entire incident was reported to prison authorities & a staff medical person treated his injuries.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. My main question is: Can the prison be held responsible, legally, for his injuries?

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
3/9/2018
Lawyer: Ely, Counselor at Law replied 4 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Yes, if the following is true: the prison car was partially responsible for the accident. If so, then the prison may be held liable, but but the damages recoverable will be reduced in proportion to the prison's negligence. N.Y. C.P.L.R. § 1411 (McKinney 1997). So for example if the other driver was 20% negligent, the prison would be held 80%. He can actually sue both drivers.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Can the possible threat of charging the prison for this liability, help achieve getting the inmate early release - if he indicates that he will not press charges?
Lawyer: Ely, Counselor at Law replied 4 months ago

Can the possible threat of charging the prison for this liability, help achieve getting the inmate early release - if he indicates that he will not press charges?

No. This is unlikely. The state has long ago made a conscious decision not to have prisoner's use "leverage" of constitutional or negligence lawsuits (etc) for early release. This will simply not be a factor, I am afraid.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Legal Question
Customer reply replied 4 months ago
I must apologize for providing slightly incorrect information about the above incident: There was no actual car-to-car collision!. The two cars tried to and accomplished avoiding actually hitting each other .The prisoner was jolted out of his wheelchair and his head made contact with the vehicle's glass window shield, causing cuts and bleeding, as well as the need for sutures upon return to the prison.
Lawyer: Ely, Counselor at Law replied 4 months ago

I understand. However, my answer stands as is, because even if there was not contact, the "incident" can be attributed to dual singular/dual negligence of one/both drivers. So the answer is the same.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
On 9 June 2016, at the Grand Villa Assisted Living
On 9 June 2016, at the Grand Villa Assisted Living Residence, 535 N. Nova Road, Ormond Beach, FL, at about 3:30 p.m., after a singing performance with the group “Company G,” while exiting your facilit… read more
Loren
Loren
578 satisfied customers
Federal? or civil? attorney with expertise in filing
For a federal? or civil? attorney with expertise in filing an injunction in federal court to temporarily delay the Federal Marshall from transporting a federal detainee to a federal medical facility; … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
restraint laws re long term health facilities. Is there an opt out clause for "no re
restraint laws re long term health facilities. Is there an opt out clause for "no restraint" facilities or consent to allow restraint form that will allow restraints for "fall risk" patients. My mothe… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
The nurse for a spinal care specialist demanded that I sign
The nurse for a spinal care specialist demanded that I sign a document for a drug screening test but she would not let me read the form - she kept putting her hand over the document. I asked her what … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
My husband and I were driving to work in separate cars, me
My husband and I were driving to work in separate cars, me behind him. We were approaching a one lane right lane exit off a major interstate which other cars behind us. An individual came from the lef… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My daughter was involved in a go-kart accident last year resulting
My daughter was involved in a go-kart accident last year resulting in very minor injuries. The premises's insurance company denies any wrongdoing and is offering us a payment for our medical expenses … read more
Nate
Nate
Managing Member
Juris Doctor
2,607 satisfied customers
i have a brother that was just sentenced to 8yrs ten months
i have a brother that was just sentenced to 8yrs ten months by a federal judge and he is a quadraplegic i need a law that help my family get him home to complete his time on house arrest or something … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
On December 04, 2010 my Husband and i were out house hunting,
On December 04, 2010 my Husband and i were out house hunting, we came up on a home that has a for sale sign up we pull in the driveway we got out of our truck and proceed to look in the windows, we wa… read more
C.Fortunato
C.Fortunato
J.D.
26 satisfied customers
My son was a prisoner at Big Sandy Federal Prison in Inez,
My son was a prisoner at Big Sandy Federal Prison in Inez, KY. Last September he was being transported to New Jersey to face charges of auto theft. He was being transported by North Atlantic Extraditi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
if you where involved in a single car accident roll over where
if you where involved in a single car accident roll over where another car was not involved and reported it within 12 hours and there was death was involved and you did get the injured person a ride t… read more
Hammer O\u0027Justice
Hammer O\u0027Justice
Attorney
Juris Doctor
4,274 satisfied customers
A lady wants me to pay $3000 for a scratch from a hit and run
A lady wants me to pay $3000 for a scratch from a hit and run that my little brother committed on september of last year, i did not know about this until a couple days ago. She says she just wants her… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
i got a handicap and a placard for my car where can i park
i got a handicap and a placard for my car where can i park ie. can i park in no parking 7am to 7 pm at anytime, can i park on opposite side parking when i normally couldnt park there or in a no parkin… read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate
2 satisfied customers
I live in Los Angeles. I recorded two conversations between
I live in Los Angeles. I recorded two conversations between me and my soon-to-be ex-wife as she was standing outside my car on a public street and while she was sitting in my car in public parking gar… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
I was arrested and taken to the hospital in Orangeburg, SC.
I was arrested and taken to the hospital in Orangeburg, SC. Due to my state of mind they detained me there without my consent until a hospital bed opened at the psychatric facility. I was still charge… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
What is the legal procedure and requirements for obtaining ...
What is the legal procedure and requirements for obtaining a vulnerable adult restraining order in Minnesota?… read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate
2 satisfied customers
I was skiing the bunny slopes at Gopher Hills in Vail CO ...
I was skiing the bunny slopes at Gopher Hills in Vail CO this past January. Coming to a stop on my fifth run, I was collided into another more mature skier. The Bunny slopes are for beginners not matu… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
I thought wearing a seatbelt suppose to saves lifes,well my ...
I thought wearing a seatbelt suppose to saves lifes,well my son was killed in a car accidents and he was wearing a seatbelt can I sue the car company?The car hit a tree an it broke my son spine they b… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
18 yr old charged with felony criminal mischief ...
18 yr old charged with felony criminal mischief one, for griffiti to a public utility, was sent a letter to appear for a "drug call" on Jan.1, 1900 by the public defenders office. there was no drugs i… read more
P. Hupka
P. Hupka
Paralegal & Court Stenographer
Associate Degree
58 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x