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Articles Posted in wrongful death

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Adopting and developing safety culture in the constrution industry not only prevents injury and death but also improves ROI and improves the ability to attract and retain good construction workers

Construction workers have a high risk of getting injured or even dying in an accident while at work. Construction accidents often happen when negligent contractors try to save time or money and put profit ahead of their own workers safety. A new study looking at safety practices among contractors shows that…

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Would fatal medical malpractice cases be diminished if hospitals were required to perform autopsies again?

Among the various types of medical malpractice suffered by hospital patients, misdiagnosis accounts for approximately 10% of patient deaths. In a recent Opinion Page from the New York Times, Sandeep Jauhar, a Long Island cardiologist, wants to Bring Back the Autopsy as a weapon to fight misdiagnosis. With the evolution of…

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Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation

Many children in the welfare system suffer personal injury or or are even killed because they weren’t provided with stable and secure care. When a child is harmed while under the care of child welfare services, that child may have a viable cause of action in state or federal court. In  the…

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Family of a woman who died in a storefront car crash awarded $32.4 million verdict against the store that failed to install bollards and safety barriers

43 year old Kimmy Dubuque was about to enter a Cumberland Farms convenience store when she was fatally pined against the store wall by an out of control SUV.  The car accident happened in Chicopee, Mass, the hometown of the victim in 2010. Yesterday, the Dubuque family was awarded $32.4 million plus interest…

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The National Safety Stand-Down to prevent falls in construction will take place May 2 to 6 2016

Falls are the number one cause of fatal construction accidents. Every year in America, more than 10,000 hard hats suffer serious personal injury  and more than 200 died because they fell while working on a construction site.  In 2012 a coalition of government, labor and management representatives launched a yearly…

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The importance of a fair press for the coverage of child fatalities when a human service agency is involved

In a recent article about the media coverage of child fatalities when a human service agency is involved, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City questions the fairness of the press. After reviewing many articles from previous years related to these type of…

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Trying Damages in the Wrongful Death Case of an Adult Child

In their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Damages in a case involving the death of a working spouse and parent can readily be communicated to a jury. The more difficult case is when the decedent is a…

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It’s Halloween soon! How to prevent “mummy” injuries?

2 people died and 4000 suffered personal injuries during Halloween activities last year. 40% of the injuries were lacerations from pumpkin carving.  People, especially children, tripping in their costumes and falling caused many injuries as well. Candle fire is also a common cause of injury during Halloween. Below are a few tips to keep your…

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Impaired Driving: a major factor in car accidents among teenagers

Recent statistics show that 41% of teen drivers who died in car accidents were intoxicated. While drunk driving has been declining, driving while impaired by other substances such as  weed, other illegal drugs, prescription and OTC medication has increased significantly. The National Teen Driver Safety Week that will kick off on October 18th will focus…

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After a less than 1% response rate to an initial recall and a fourth death by entrapement, the US Consumer Product Safety Commission and Bed Handles Inc are re-anouncing the recall of defective portable bed handles

The company Bed Handles Inc is re-announcing the recall of 3 models of their portable bed handles  because they are defective and have caused the death of 4 people. These products are: Bedside Assistant, Model BA10W, Travel Handles Use, Model BA11W, Adjustable Bed Handle, Model AJ1. When attached to an adult bed without the use…

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