Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Personal Injury

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A 21 year old woman died and  her 22 year old friend was  seriously injured in a bicycle accident in New York City.  The two women were riding their bicycles on Hylan Blvd. in Great Kills yesterday afternoon around 4:30 pm when they were struck by a boat trailer that had slipped off  the truck that was towing it. The two women were transported to the hospital.  One of them died, the other one is expected to survive.  The driver stayed at the scene of the accident. Allegedly the trailer hinge had been modified. The driver hasn’t been charged.  Read more in the New York Daily News 

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A woman in her 50s was seriously injured after being struck by a van this morning.  The accident happened at the intersection of 21st St. and fifth Avenue in Manhattan.  The pedestrian was crossing the street when she was hit by a white van making a left turn. The driver of the van was in shock and stayed at the scene of the accident while the victim was transported to the hospital  in critical condition. Read more in the New York Daily News.

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Francesco Bove  suffered critical personal injury after being attacked by two dogs last Friday in New York City. Bove was walking on Belmont Ave and 67th street in the Bronx when  he walked by two pit bulls.  The victim who also owned a pitbull thought that the two dogs wanted to be petted.  Instead the two animals jumped on him viciously and bit him repeatedly.  Bove almost died. He sustained multiple lacerations to his arms, legs and chest and had to undergo five hours of surgery. Read more in the NY Daily News

 

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Another construction worker died in New York yesterday. 30 year old Juan Cerezo was doing facade work on a scaffold on the 14th floor when he fell and landed on the sidewalk shed. The fatal accident happened on the Upper East Side of Manhattan at 363 East 76th Street around 4:00 pm yesterday. It is not clear so far if the worker was wearing a safety harness at the time of the accident. Four complaints have been filed against the building’s renovation this year, two for the second-floor scaffolding breaking or not being up to code, according to city records. The man was taken to the hospital where he was pronounced dead (read more in DNA).

The boom in construction in New York City has led to a significant increase of workers and non workers being injured or being killed on or nearby construction sites.  A few days ago a 30 year old hard hat died after he fell down an elevator shaft on a construction site in Midtown on the West side of Manhattan.  (see previous blog).

So far this year 12 people died in construction accidents including non construction workers such as pedestrians struck by debris or tenants killed in gas explosions.

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Construction_AccidentAmong all industry sectors in the U.S.,  construction has the highest number of fatal injuries with  more than 800 construction workers dying every year.  A  lot of  research has been done and written on construction safety and health but the challenge is to ensure that  promising research findings become safer practices on construction sites.

Last month, the  American  Journal of Industrial Medicine devoted a special issue on Research to Practice (r2p)  at The Center for Construction Research and Training (CPWR)  covering the following subjects:

  •  Using social marketing to stop construction falls
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yield to pedestriansVision Zero’s “Right of Way” law makes it a misdemeanor for drivers who killed or injured a pedestrian because they failed to yield. However after 6 bus drivers were arrested last year, TWU, the bus drivers’ union started a heavy campaign to protect bus drivers from the law. Yesterday a federal lawsuit brought by TWU against Mayor de Blasio in April resulted in a settlement that drivers will not be strictly liable for seriously injuring or killing pedestrians in a crosswalk. Investigators will have to determine that a driver failed to “exercise due care,” which will now be defined as “care which is exercised by reasonably prudent drivers.”  Read more in the NY Daily News

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Death or personal injuries such as burns, smoke inhalation and wounds from falling merchandise are among the risks faced every day by New York High end store Idea Nuova’s employees. According to OSHA, the aisles are clogged with merchandise and, at the time of the inspection, an emergency exit was blocked by disco balls, desks and lamps preventing a quick evacuation in case of a fire. Additionally many stairwell exit doors that must remain closed to prevent the fire from spreading were propped open, haphazardly stacked merchandise was  threatening to fall on  anyone passing to close to it and exposed electrical outlets were a risk for electric shock.

This is the second time in two years that OSHA found unsafe conditions at the high end store located on Fifth Avenue in Manhattan. The company was cited in 2013 for similar hazards at the Manhattan location as well as the Brooklyn location.

Read the OSHA press release

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NYC explosionA construction worker was critically injured and two others suffered serious personal injury in a gas explosion that rocked the walls of the science lab at John F. Kennedy High School in the Bronx, NYC. 36 year Luigi Barillaro, 38 year old James Intriago and 53 year old Charles Marullo, were all working for the plumbing and heating company Mar-Sal Plumbing & Heating Inc., based on Pitkin Avenue in Ozone Park, Queens, NYC. The company was hired to install a tabletop gas valve as part of a science lab construction project located on the sixth floor of the building. The 3 men had been working all day and the room was filled with gas but they apparently didn’t detect the smell of gas because they had been desensitized to it. At one point Luigi Barillaro lit a match to check if the gas was working, sparking a huge explosion, blowing out the walls and sending debris flying 200 feet.

Barillaro was critically injured and had burns over most his body. He has already undergone multiple skin-grafting surgeries. Intriago and Maruallo were also still in the hospital and being treated for burns to their arms and faces.

The school was issued a full vacate order for the entire building and a safety zone was put in place along some facades. Students who were supposed to start school there on September 9 will have to be temporarily relocated.

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A female pedestrian was left injured on the road by a negligent driver who backed into her and took off.  The accident was caught on camera. The video shows that after the driver struck the victim, he stopped and got out of his car. However moments later he got back into his car and took off.  The accident happened on August 19th in front of Jackson Ave in Mott Haven. The police are looking for the hit and run driver.

 

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legionellaAfter a dozen died and over 100 more suffered serious personal injury from Legionnaires’ disease outbreaks this summer in New York City, Local Law 77 of 2015 was recently enacted to identify, regulate and inspect all buildings using a cooling tower.  As a first step building owners have until September 17, 2015 to register existing cooling towers with the NYC Department of Buildings. A new NYC Cooling Tower Registration Portal has been created for this purpose. More information can be found here.

The dangerous bacteria continues to spread in the city. Yesterday, a catholic school on the Upper East Side of Manhattan had to temporarily close for disinfection after tests showed some legionella bacteria in a cooling tower.

 

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