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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FDNY twitt on lithium battery fire in the Bronx NYCMayor Adams and Fire Commissioner Laura Kavanagh are calling for a federal action to crack down on defective lithium-ion batteries  that are invading the American market and causing an alarming number of fires in New York City.

Mayor Adams and Fire Commissioner Laura Kavanagh  both visited the Bronx on Sunday after a small e-scooter charging in the back of a supermarket exploded and caused a massive fire that injured several and took hours for the FDNY to stop. So far one person died this year and last year, 6 people died and 147 were injured in more than 200 fires caused by exploding lithium-ion batteries in New York City.

Delivery companies should be also held accountable for letting their employees use defective batteries

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Lithium ion battery can be dangerousDefective lithium-Ion e-bike batteries have been the cause of 216 fires in NYC last year. 147 people suffered personal injury and 6 of them died in these fires. This year so far more than 20 lithium-ion battery fires have caused serious injury and death. Two weeks ago, in Brooklyn, a woman died from her injuries after being rescued from a fire in her building that was caused by batteries exploding in an another apartment that a tenant had transformed into an illegal lithium battery repair shop.

Yesterday the New York City Council voted on a legislative package dedicated to strengthen safety and prevent fires related to e-bike batteries:

  • Introduction 663-A restricts the sale, lease or rental of e-bike, e-scooter or any other mobility device powered by lithium batteries as well as storage batteries that do not meet recognized safety standards.  This means that these devices and their storage batteries will have to be tested by an accredited laboratory and  meet the applicable Underwriters Laboratories (UL) standards. the testing laboratory or name will have to be displayed on the product itself or on the packaging or documentation.
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lawdragon-black-3The law firm of  Gair, Gair, Conason, Rubinowitz, Blooom, Hershenhorn, Steigman & Mackauf is proud to announce that 8 of our personal injury attorneys have been listed in the 2023 Lawdragon 500 Leading Plaintiff Consumer Lawyers including one in the Lawdragon Hall of Fame.

Congratulations to Marijo Adimey, Jeffrey Bloom, Diana Carnemolla, Christopher Donadio, Howard Hershenhorn, Ben Rubinowitz and Peter Saghir for being included in this list and to Anthony Gair for not only being included in this list but also to to be an esteemed member of the Lawdragon Hall of Fame.

For more than 30 years Lawdragon has been researching and reporting on the legal profession. Their teams are made of independent journalists researching submissions and establishing lists of lawyers who have significantly impacted their area of law and regularly won consequent verdicts and settlements.

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Personal Injury Trial Technics by Attorney Ben RubinowitzOur managing partner, Ben Rubinowitz, was recently a guest on Unscripted Direct, a popular podcast among the law school trial advocacy community presented by Spencer Pahlke and Justin Bernstein. In “Episode 48 – Bad Facts” Ben demonstrates how to cross examine witnesses by using voice of reason questions to which the witness has no choice but to answer in the favor of the plaintiff.  This approach to cross examination helps to both destroy the witness’ credibility and at the same time create powerful and winning arguments on summation.

In the podcast Ben demonstrated how this approach can be used in almost any negligence case by using multiple examples. Ben calls this “walking the witness down to a tight rope so when you finally push, the witness falls in the canyon of doom and there is no escape”.

Listen to several interactive examples of “voice of reason questions” in episode 48 of Unscripted Direct  (Ben segment starts at 00:17:50)

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2022 NYC car accident fatalities by categoryLast year traffic fatalities in New York City reached their second highest level since Vision Zero started in 2014.  Last year was also the first year in office for the Adams Administration and the new DOT Commissioner, Ydanis Rodriguez.

Yesterday in an oversight hearing with the City Council, Rodriguez admitted that his department has been unable to reach specific street safety benchmarks required by the Council’s landmark 2019 Streets Plan. Last year the DOT only upgraded 14 bus stops out of the 500 planned and installed 4.4 miles of the 20 miles of protected bus lanes as well as 26.3 miles of the 30 protected bike lanes required.

The bills proposed by the City Council are not going far enough according to street activists

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Lithium ion battery can be dangerousA 67 year old woman was critically injured in a fire sparked by a defective lithium-ion battery in Brooklyn, NYC yesterday early morning.

The victim was residing in a building located on Goodwin Place  in Bushwick and was probably asleep when the fire erupted around 1:40 am on Tuesday morning.  The fire started in an apartment that one of the tenants had transformed into a lithium battery repair shop. 50 lithium batteries were found there by the firefighters. It is not clear how many batteries exploded but the FDNY said that the fire sparked so fast and was so intense that the fire alarms and the sprinkler system which were working, were of no help.   When firefighters arrived, all 3 floors of the building were ravaged by the blaze. They were still able to find the victim but she was already in bad condition. Another victim suffered minor injuries. The tenant who was running the off-the-book repair shop was not home at the time of the explosion but had left several batteries to charge overnight.

The FDNY told the NY daily News that since the beginning of this year, they have been responding to an average of 3 fires caused by lithium batteries every week.

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More pedestrians and more passengers died in auto accidents in 2022 than in 2021 while cyclists and motor vehicle operators fatalities declined. Bus accidents increased while truck accidents remained stable. Motorcycle accidents remain at record levels.

After reaching a record high in 2021, NYC traffic deaths reached their second highest number since Vision Zero started in 2014

According to traffic collision data provided by the NYPD, 251 people died in crashes in the city in 2022 compared to respectively 254, 239, 214, 199, 209, 223, 235, 250 and 286 in 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013. As a reminder, NYPD traffic collision data might differ slightly from the real data, especially for fatalities as sometimes people died from their injuries several days or weeks after the accident occurred.

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FDNY rescuing children in fire caused by Ion lithium battery18 children were injured after a fire erupted in an unlicensed daycare located in Queens. The fire was caused by a defective lithium-ion battery that exploded in the basement.

Firefighters were called yesterday afternoon around 2pm for a fire in a basement located at 147-07 72 Drive in Queens, NYC. When they arrived on location, the basement was filled with heavy fire and smoke. They removed 18 children from the building, most of them on the first floor and one of them in the basement. They found out that an illegal daycare was operating on the first floor.  Most children suffered minor injuries and did not require to be hospitalized. One of them was critically injured and still remains in the hospital. Two adults also suffered injury in the fire.

A neighbor took care of the children as parents were alerted and asked to come pick up their young kids. The fire was controlled in 45 minutes.

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children car accident prevention programCar accidents are the number one cause of death for young children in New York and in the US. According to a recent study, the likelihood of children getting injured or killed by cars in New York City is much higher in school areas than in other areas of the city. Statistics show that there are 57% more auto accidents and 25% more injuries per mile in streets near schools than in other streets in the city.

Not only to reduce these types of accidents but also to provide children with safe outdoor spaces for activities, less polluted air and a safer area for arrival and dismissal, schools can apply with the DOT to get a street adjacent to the school closed to traffic during school days. However, so far the program has not been really popular with schools. Streets safety advocate say that the difficult application process is the main cause of this low popularity.

Free webinar to launch the new School Street Toolkit

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SST new cardNew York City construction workers and their supervisors who are working on large or complex construction sites will be legally required to have a Site Safety Training Card issued by the NYC DOB Training Connect Platform.

These cards are equipped with a chip and can be scanned to validate their authenticity. This new legal requirement will take effect on February 1st 2023. Workers who have a SST card issued before January 1st 2022 have to contact the facility that provided them with training and ask them to replace their card with a new card that can only be issued through the NYC DOB Training Connect Platform.

Since  2017, after a peak in construction accident fatalities in New York City, a new construction law was adopted in an effort to reduce construction workers injuries and fatalities. The law  requires every hard hat working on a New York City construction site to attend site safety training classes and to carry a card attesting that they did it.  Unfortunately, while every worker is supposed to sit in classrooms for a certain amount of hours and learn about site safety, some unscrupulous contractors didn’t want to allow their workers to spend so much time sitting in classes and just issued fake cards to them. Other workers got fake cards from unscrupulous individuals and unauthorized course providers started to proliferate issuing invalid certificates to workers.

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