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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: 1 month ago.Category: Legal
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Answered in 4 minutes by:
3/9/2018
Lawyer: Ely, Counselor at Law replied 1 month ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,504
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

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Customer reply replied 1 month 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 1 month 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.

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Customer reply replied 1 month 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 1 month 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!"

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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.

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