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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NYC personal Injury lawyer Richard SteigmanOur partner Richard M. Steigman will chair the 2022 CPLR Update Seminar organized by the New York State Trial Lawyer Association on July 20,2022 from 5:00 pm to 8:00 pm. He will be accompanied by Hon. John R. Higgitt, Justice of the Supreme Court, Associate Justice, Appellate Division, First Department.

One of the key requirements of successfully managing a civil caseload is staying abreast of legislative changes and court decisions in the field of New York Civil Practice. This seminar will provide an in-depth review of these new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator.

For more information or to register, please click here

 

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The Hudson River where the boat accident occurredA woman and a young boy died and 3 other people were critically injured after a boat capsized in the Hudson River. The 27-foot boat was chartered by a family and friends travelling from Colombia and visiting the city. It was  chartered out of New Jersey and the owner of the boat was following them on his jet ski. An amateur video shows the jet ski and the boat travelling side by side and the boat all of sudden capsizing. Investigators are still trying to figure out what were the factors that caused the accident. Overload might have been one of them. Yesterday’s heavy winds and waves might also have contributed to the tragedy.

The little boy was wearing a life jacket

The accident occurred at little bit before 3:00 pm  near Pier 84  located at the west end of 46th street. 12 people were on board when the vessel capsized.  The first to arrive to the scene of the accident were two NY Waterway ferries whose staff were able to rescue most passengers out of the water. However  a 50 year old woman and a 7 year old boy were missing and divers from the NYPD and FDNY were called to the rescue to find them. According to FDNY diver Ryan Warnock who found the little boy, the conditions were very windy and waves were significant. The water was muddy and both the little boy and the woman had swallowed water. The little boy was wearing a life vest but he got trapped under the boat. The rescue team tried to resuscitate them but it was too late. After their death was announced by officials, the owner of the boat collapsed on the ground. 3 other people suffered critical personal injury, including the captain of the boat who was licensed.

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Graphics_Heat_Hydration_InstagramTwo years ago, on July 7 2020 in Geneseo, NY, Tim Barber, a 35 year old construction worker died from heat stress on his second day at work. The young man had just been hired as a construction laborer on the Genesee River bridge project in Geneseo, NY. Tim was living with his parents and came back home on the first day not feeling well. On the second day before he headed back to work, his father told him to eat his lunch, take breaks and drink water. Several hours later, in mid-afternoon, their son died from hyperthermia.

According to the investigation, Tim was working alone in a summer heat that was around 95 degrees. He was sorting bolts which is considered a light duty, however his body was not accustomed to the heat.  The accident could have been prevented and the employer, Pavilion Drainage Supply, Inc. was cited by OSHA for not training and protecting their employees against extreme heat. His parents are now advocating for better  workers education and protection for extreme heat.

Tim’s parents are not the only one campaigning for better workers protection against heat illness and fatality. New York Attorney General Laetitia James is at the head of a coalition of six States that are asking OSHA to implement a national standard to protect not only construction workers but all workers, outdoor and indoor, that are exposed to extreme heat during their work.

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Hylan and Richard where the 3 teens died in a crash3 teenagers who were passengers in a Mustang driven by another teenager were killed in a car crash in New York City on Sunday night. The horrific accident occurred around 8:50 pm on Hylan Boulevard at the intersection of Richard Avenue in Pleasant Plain, Staten Island, NYC. The victims are Ashley Rodriguez who was planning to celebrate her sweet 16 next week, 15 year old Jessie Gil and 16 year old Fernanda Gil. All 3 were passengers in a red Ford Mustang driven by a 16 year old boy who only had a learners permit and was supposed to drive while accompanied by a licensed adult. The 3 passengers are dead and the driver remains in critical condition.

According to the SI Live the group of friends had just attended a birthday party in Tottenville and had decided to go grab snacks at a nearby store with another group of teens riding a Honda Civic. The Mustang departed the group at high speed according to witnesses.  The young driver was speeding east on Hylan Boulevard when a 47 year old diver behind the wheel of a Yukon attempting to make a left turn from Richard Avenue crashed into the side of the Mustang which then careened into a pole on the side of the road.

The driver of the Yukon was driving with a suspended license and was taken into custody while his four passengers, two women of 44 and 19 year old, a 23 year old man and an 11 year old girl were transported to the hospital. They suffered minor injuries.

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cyber attack can arm patientsHospitals are one of the favorite targets of ransomware hackers because hospitals simply can’t afford to have their IT down as it can cause severe harm or even death to patients. As a result when a hospital  has its systems blocked by hackers it might be more willing to pay a ransom than any other type of organization in order to get their systems working again.

Recently, a debt collection company working with 657 healthcare providers announced that it had been the victim of a cyber attack. Hackers were able to obtain patients information including their name, address, social security number and medical information. It is unclear so far how many patients have been affected but this might have been of of the largest healthcare data breach of 2022.

CISA warns hospitals and healthcare providers of Maui ransomware

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Location of the car, MTA Bus and truck accident7 people were injured in a multi-vehicle collision involving a car, a MTA bus and a truck in New York City during Tuesday rush hour. The accident took place on Ralph Avenue near 66th Street in Old Mill Basin, Brooklyn, NYC around 5:40 pm. The driver of a Toyota Camry was trying to pass a MTA bus on the left lane when he side swiped the bus and careened across the street and into a work truck.

The driver of the car was given CPR by bystanders before being rushed to the hospital

A witness who lived nearby told the NY Daily News that the sound of the impact felt like a gun shot. He ran out of his house and saw the Toyota Camry smoking with the driver inside. Several other witnesses ran to the car and got the driver out of the car. They lied him on the ground and gave him CPR.  6 other people were injured including the driver of the work truck who suffered whiplash according to his brother who was also present at the scene of the accident with the wife’s driver. All crash victims were transported to the hospital to be treated.

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The New York block where a cyclist and two pedestrians were struckA reckless driver who tried to flee the police in Brooklyn, NYC, struck a bicyclist and two pedestrians, continued driving, struck three other pedestrians, crashed into a vehicle and then into a wall before running away with a passenger. One suspect is in custody while the other is still at large.

According to the police, two officers patrolling in Bedford-Stuyvesant saw a car with mismatched plates which is usually an indication that the car might have been stolen. They also noticed that the two people inside the car were smoking marijuana.   As they got out of the police car to talk to the driver after turning on their lights and pulling the car over, the driver of the vehicle took off.

As he was fleeing from the police, the reckless driver  first struck a cyclist and two pedestrians at the intersection of Macon Street and Ralph Avenue. He did not stop and continued speeding on Ralph Avenue. As he reached Hasley Street, the driver hit a grandmother and her grandson who were crossing the street. He then crashed into another car and careened into the wall of building. The driver and the passenger then got out of the car and ran away.

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11 pedestrians, 3 cyclists, 4 passengers and 8 motor vehicle operators died in crashes in New York City last May compared to respectively 6,2,0 and 2 in April and 15, 1, 3 and 11 in May 2021. This is the first time that the number of monthly fatalities is above 25 since October 21.

After a drop during the Covid19 crisis in 2020, monthly traffic accident fatalities have been above 25, 8 times during the last 2 years, Before the Covid19 crisis, since Vision Zero started in 2014, fatalities only went above 25 5 times over a period of 6 years. These numbers are very preoccupying.  At the very beginning of May, The Adams administration launched a $4 million campaign urging  motorists to slow down but so far this campaign doesn’t seem to have much effects on car accident fatalities.

New York motor vehicle accident fatalities May 2022
Car accident deaths have been exploding over the last two years in New York City. Last May, as mentioned above, 26 people died in traffic accidents compared to 10 a month earlier and 30 in May 2021. Since May 2015 when they reached 28, monthly car accidents deaths had remained below 20 during the months of April and May. While the trendline since Vison Zero started remains on the decline, the last 2 years have been more deadly than before.

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Forklifts can be dangerous and result in accidentsAround 100 people die and around 34,000 are injured in forklift accidents every year. The most common forklift accidents are rollovers  and in almost half of the fatal accidents, the operator of the forklift is being crushed when the forklift tips over. Forklifts can also be very dangerous to pedestrians who can get struck or crushed by a forklift or by a falling load.

To raise awareness about forklift safety, the second Tuesday of June is NATIONAL FORKLIFT SAFETY DAY for the 9th consecutive year.

Why do forklift accidents occur?

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Injured in New YorkIn New York,  anyone who suffered injury or damages as a result of the negligence of someone else or of an entity can file a claim. In order to obtain compensation the victim will have to prove the liability of the person or entity responsible for the injury and the damages resulting from the negligence. These element constitute the basis of a personal injury case. Because they are sometimes difficult to evaluate, victims of personal injury, especially those who suffered catastrophic injury work with personal injury attorneys who will handle their claims so they can concentrate on their recovery.

In New York, the most common personal injury claims are auto accident claims. In New York City only, according to the most recent statistics, 15 people were killed and 4,105 people were injured in car accidents last March.  Among those killed were 8 pedestrians, 3 drivers and 4 passengers. Among those injured were 1782 drivers, 1289 passengers, 294 cyclists and 740 pedestrians. Crash injuries or death are most of the time caused by the negligence of another road user and therefore  victims of car accidents can often file a personal injury claim.

Premises liability claim are also quite common in New York City as anyone who suffers injury on the premises of a residential or commercial property that was caused by dangerous or defective conditions on the premises can potentially file a lawsuit. Falling debris from inadequately maintained buildings, faulty cellar doors or cellar grate, sidewalks not proprely maintained, defective elevator or escalator, electrical issues can all lead to accidents causing personal injury and sometimes death.

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