As doctors and medical researchers work to extend our lives, more people are figuring out ways to get into more accidents. According to Steve Casner, in his book Careful, after a hundred years of steady decline, the rate at which people are being injured (or worse) in everyday accidents is increasing. Blame car accidents, slip and falls, construction mishaps, pedestrian fatalities, home-improvement projects gone wrong- not to mention texting while walking, going to the bathroom and operating a motor vehicle. And the problem seems to be getting worse.
We’re really not that good at paying attention or keeping an eye on much of anything. Despite what you may think, our minds can’t pay attention to two things at once. When we attempt to merely possible, whether it be looking at your Facebook feed while walking or talking to your friends while your kids are playing in a parking lot, things can go wrong. As a personal injury lawyer, I encounter these scenarios all of the time.


We all need to pay attention to the task at hand. It is easy to feel confident that we can pay attention to more than one thing at a time. In 2014 and in the US alone, distracted drivers injure 1,181 people per day. If you are operating a motor vehicle, you need to accept that you are not very good at using your phone while driving. Remember don’t try to do two things at once if either of them is vital.

Don’t be afraid to ask for help. If you are driving, ask your passenger to fire off the text message. Sometimes we don’t have friends around to help us, and we get stuck with having to to it ourselves. That’s why you need to prioritize and postpone. That means look while you are walking so that you won’t miss the two inch crack in the sidewalk. If the email is more important, then stop walking. Simple!

So there you have it. We’re not very good at paying attention. The real danger is our mistaken intuition about our own limits.

How dangerous are motorcylces?

by Fred Abramson on September 11, 2017 · 0 comments

Motorcycles Statistics and Trends

via https://brandongaille.com/32-compelling-motorcycle-demographics/

What you need to know before entering into a contract

by Fred Abramson on October 9, 2014 · 1 comment


Hope you are having a great Thursday afternoon. Today, Tesla and SpaceX C.E.O. Elon Musk said he was worried that people didn’t understand how fast artificial intelligence was progressing, and expressed his concern that, in a worst-case scenario, a “super-intelligent” machine might decide to destroy human life. I’m a big fan of Mr. Musk, but do you think he is right?

In similar news, nj.com wonders if computers will replace lawyers.  From registering a trademark to drafting a will, the Internet provides the tools to perform many legal tasks that were once reserved for attorneys like myself. Whether these internet tools actually do a good job is debatable, but there is no question that technology will play a significant role in the future of the legal industry.

Let me get this straight, first computers will take my job, then “super-intelligent” will take my life. Oy vey!

In the meantime, let me tell you what you should be on the lookout for when reading a contract. If you need any help reviewing a contact, feel free to call me, your lawyer, because that is what I do for a living and I’m super fantastic at it.

1.      Know the Other Party

Be sure that the business you are contracting with is registered to do business in the state in which you operate your business.  Should there be a problem later on, it will be much easier to institute a lawsuit as the states maintain addresses for service of process on registered corporations.  In addition, if the business is not properly registered in the state, there could be legal issues with your contract.  The business should also be licensed in the specific type of business it conducts, if this is required.

2.       Pricing Issues

If you are a buyer or a seller, know what you are paying or getting paid, when the money is due, how it is to be paid, where it is being paid to.

3.      What is the Exact Product or Service

While this may seem obvious there are thousands of lawsuits on just this issue.  Be sure you and the other party are on the same page, literally and figuratively.

4.      Delivery of the Goods or Services

Specify exact time frames for delivery of the product or service and when payment is due in relation to this time frame.

5.      Condition of the Product or Service

Are the items new or used?  If used, how much?  If new, in original packaging or repackaged?  If a service contract, specify who will be doing the service and his or her credentials?

6.      Warranties

What are the guaranties on the product or service?  What period of time do they cover?  What is the procedure for repairing or replacing an item or correcting a service mistake?

7.      Getting out of the Contract

While most contracts are made to avoid getting out of them, you can sometimes negotiate an “out” clause for poor performance or lack of proper delivery or other essential things.

8.      Renewal of the Contract

Is there an automatic renewal?  Is there any option to renew?

9.      Default

There are several ways to default on a contract. Two prevalent ways are non-payment and non-performance.  Non-payment can include not getting paid in full, on time or at all.  Non-performance can be not doing the job properly, in full, or not how you expected it to be done.  All of these can be combated with remedies in the contract.

10.  Remedies

Make sure the contract has a section dealing with remedies for defaults.  Remedies are compensation to the injured party for such defaults.  Outside of the contract there are other ways to be compensated for default in contracts, including state statutes, federal statutes like the UCC, fraud actions and illegality of the contract, dealing with minors, duress, undue influences, etc.


Creating a Successful SOW

by Fred Abramson on April 21, 2014 · 0 comments

Getting a statement of work (SOW) right is not simple. A properly drafted SOW is vital to the success of a project. If the statement of work is too ambiguous or overboard, it can leave room for various interpretations, which will lead to problems. 

In my experience, the failure to properly execute a statement of work is often the reason parties end up in a litigation. 

What is a SOW? A statement of work (SOW) is a formal document that captures and defines the work activities, deliverables, and timeline a vendor must execute in performance of specified work for a client. The SOW usually includes detailed requirements and pricing, with standard industry terms and conditions.

What should be included in a SOW?

  • Who pays each cost and the timeline of payment.
  • A description of all deliverables and when they’re expected.
  • The tasks that support the deliverables, as well as which side – the hiring company or the service provider – will perform those tasks.
  • The project’s governance process, along with how often governing committees will meet.
  • What resources are required for the project, what facilities will be used and whose equipment will be needed, as well as testing requirements.
  • A timetable covering when each deliverable should be completed. If you are delivering the work, I would recommend that the timetable to be flexible. On the other hand, if you are purchasing the services, a strict timetable could be best. I would also recommend a time for the work to be reviewed prior to it being delivered. 
How about payment? To keep the work moving forward, I would also recommend payment contingent on the successful completion of certain benchmarks. I would also advise that full payment should not be made until it is clear that everything works properly.
Be particular.  Be specific in describing the project’s scope and requirements. If you are not clear about the work being performed, it will be difficult to litigate if there is a breach. 
Keep the language simple. Believe it or not, it is the attorney’s job to keep the language of the SOW is simple as possible. Lots of a legalize is usually a sign of a poorly drafted SOW. Technical jargon should be avoided if possible. 

The task of writing a statement of work could fall to various players on a team working in conjunction with counsel.. The best approach is for team leaders to draft it and then work with the an attorney to perfect it.. After the SOW is completed, it is then sent to the vendor. If you follow these steps, you increase the likelihood of success dramatically.  

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English: 3-D CT reconstruction of a bankart le...

It’s a sunny day and you are running errands in the neighborhood. You are driving straight and a car comes from your right and comes into contact with your passenger door.  From the impact, your left shoulder comes into contact with the side door.  You feel pain in your shoulder.  The impact of car accidents, even at a very slow speed, can easily result in severe physical problems to the shoulder and surrounding areas. What should you do?

  1. Remain at the scene and call the police and ambulance.
  2. Take photographs of the accident scene and the vehicles involved in the accident.

Many people with shoulder injuries don’t feel a tremendous amount of pain immediately after the accident. You may have a case even if you don’t immediately seek medical attention. The shoulder has three main bones: the clavicle, the humerus and the scapula. Any of these body parts may have been injured as a result of an accident.


  • Painful, tender, stiff shoulder
  • Shoulder pain that increases at nighttime, interrupting sleep
  • Tingling, numbness, swelling, or weakness in or around the shoulder
  • Focused shoulder pain that worsens with activity
  • Difficulty with shoulder mobility
  • Discolored shoulder area
  • A “bump” above the shoulder bone where the shoulder may have separated


  • Torn Rotator Cuff
  • Fractured bone
  • Contusions, Bruises, Strains & Sprains: Other injuries such as painful strains, swelling and bruising may occur after a crash due to the impact of the shoulder and another object.


  • If you think that you have broken bone or tear resulting from your accident, seek medical attention immediately.
  • Go seek an orthopedic doctor. Diagnoses can be made through x-rays, CAT scans, MRIs, and clinical evaluations. Your doctor will assess your shoulder injury and prescribe treatment.
  • A torn ligament, tendon, or muscle may require immediate surgery, so don’t delay in visiting a doctor.
  • Pain may be stemming from elsewhere in the body (referred shoulder pain), so letting a medical doctor prescribe treatment is the best option.
  • Oftentimes, surgery and subsequent physical therapy are used to treat shoulder injuries stemming from accidents.


  • Under New York Law, your no-fault carrier will likely pay for any treatment that you receive as a result of the accident.  No-fault shall pay for treatment even if you are at fault and  have no other insurance.

If your shoulder has been injured in an accident that was due to someone else’s negligence and fault, feel free to contact my office  at 212-233-0666 for a free consultation to determine the best course for obtaining the financial resources needed to pay for your lost wages and medical treatment.

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What you need to Know about LLC’s for Real Estate Investments in New York

July 25, 2013

What you need to Know about LLC’s for Real Estate Investments in New York You recently took the plunge and purchased a new property, perhaps a two family building  in Brooklyn, or an investment property in the Hamptons.  What type of business structure would be best to protect your personal assets? Choosing the right business […]

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The Business of Simplicity

June 20, 2013

The opportunity to feel stress at work and try to make things even more complex is everywhere. I’m sure it happens to you.  At the moment I’m drafting a software sales contract. My client is selling a product that is complex. My “secret” is to keep it simple. I work to narrow issues to its core […]

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What is the Business Judgment Rule?

March 13, 2013

There is no shortage of  examples of corporate wrongdoing. Officers and directors have been using the business judgment rule as an excuse for corporate malfeasance since the stone age. The defense is used in complex cases, such as mortgage backed securities indiscretions, to the relatively mundane where officers are accused of purchasing New York Knicks season tickets […]

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Someone Copied My Website, What should I do about Copyright Infringement?

February 27, 2013

    While perusing the internet you notice that someone copied your website.  As you write more content, the chances of this happening to you increase over time. It has even happened to me.  One of my fellow attorneys here in New York copied one of my pages. What should you do? It depends on […]

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This Week’s Small Business Question is Tweetable

February 11, 2013

This Week’s Question: Will it affect your business when the Postal Service stops delivering on Saturdays? Comment if you would like. -Fred

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