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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accident scene2 young people died and 2 others were injured in a car crash on the Saw Mill Parkway near Yonkers, NY. Investigation is still ongoing as to what exactly happened but speed seems to be a factor. Previous to the accident, the group of teenagers had visited friends in several locations. They were heading South on the Saw Mill River Parkway around 12:45 am when the driver lost control of the vehicle and rolled over.  The accident occurred near the interchange with the Cross Country Parkway.

When the police and EMT arrived they found 17 year old Ali Alghaithi, a Manhattan resident, dead outside the vehicle.  17 year old Abdlwahab (Abdul) Abushaar was still alive  but he later died from his injuries. Two other teens, a 15 year old and an 18 year old were seriously injured and are still hospitalized.

Two of the teens were working together at a cellphone store in Manhattan.

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workers on suspended scaffoldRepairing facades can be dangerous. Many construction workers died or were injured while repairing facades in New York  without counting the multiple close calls where workers find themselves dangling out of suspended scaffolds  like the worker in the below video who was lucky he could get back on. Sometimes workers are left dangling in the air until FDNY comes to the rescue.

The NYC DOT recorded 4 deaths and 61 injuries related to accidents during facade work since 2015 and recently released a worker alert to raise awareness about the danger of using a suspended scaffold to repair facades.

Here are a few steps that workers should follow to reduce the risk of accident when doing facade repair

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colored-smokeA father to be died and his brother was injured after a homemade pyrotechnic device they were preparing for a gender party exploded in their garage on Sunday.

28 year old Christopher Pekny learned around Christmas that his girlfriend was pregnant. The couple had planned a gender reveal party on Sunday to announce that the baby was a boy. Christopher Pekny was in the garage with his brother Michael preparing the gender reveal device that was intended to explode in a cloud of colored powder. However the device exploded earlier than planned while the two brothers were setting it up. Christopher died and Michael was seriously injured in the knee by flying shrapnel.

Not much information is available  about the exact nature of the device only that it was in the shape of a pipe. Investigation as the nature of the explosive is still ongoing.

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accident sceneA reckless unlicensed 18 year old driver, behind the wheel of a stolen car, blew a stop sign and crashed into another car, killing the passenger and seriously injuring the driver last week in Staten Island. He then fled on foot. The police found him later on. He was arrested and hit with multiple charges.

Last Tuesday night, around 6:15 pm, Shahzad and Krauzer Akund were driving their Mercedes-Benz East on Lambert Lane in Bulls Head, Staten Island, when they got T-Boned by a reckless driver who blew a stop sign. The driver who was driving a Honda completely destroyed the front of his vehicle and ran away on foot, leaving behind him the couple dying in the street.

When EMS arrived they found the couple in critical condition

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location of the gas explosion accidentA  gas explosion injured 10 people including several children in the Bronx, NYC.

The explosion blasted a three story multi-family residence located at 1520 Paulding Avenue in Morris Park, yesterday afternoon around 3:30 pm.  A gas leak on the building’s second floor  seemed to have been at the origin of the explosion according to preliminary investigations.

A tenant who  was watching television on the first floor had all his windows blown out. His kitchen cabinets were thrown outside taking down the kitchen wall. Above him a mother and a baby were stuck on a balcony. The mother had to throw her baby down to her neighborgh before others helped her get down the balcony. Another mother and her two kids were stuck on the seconf floor. The blast was so powerful that even the window guards flew off and the front door of one of the appartment units got stuck in the power lines across the street.  The building looked like it had been devastated by a tornado.

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502 construction workers were injured on NYC construction sites last year conpared to 596 in 2019 and 761 in 2018. The number of construction accident injuries in New York is at its lowest since 2015.  The COVID  lockdown and the global slowdown in the construction industry contributed to this decline.

More than half of the injuries occured on construction sites located in Manhattan (289) while Brooklyn sites had the second highest number of injured workers (107). Queens came third with 43 workers injured last year followed by the Bronx with 43 injuries. Only 2 workers were injured on Staten Island construction sites last year.

Except for Staten Island where injuries dropped from 25 in 2018 to almost none over the past two years, all boroughs saw a gradual decline of construction accident injuries. In Staten Island, 2 worker injuries were reported to the DOT in 2020 and 3 in 2019 compared to 25 in 2018. These numbers seem unusually low.

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Work-Zone-Stand-Down-Announcement-FlyerThe number one cause of injuries among construction workers are “struck-by” accidents. Struck by a flying, falling, swinging or rolling objects are the 4 most common “struck-by” accidents causing injuries to construction workers. To raise awareness and reduce these types of accidents, the NORA Construction Sector Council along with the Center for Construction Research and Training (CPWR) is organizing, on April 20, a National Stand-Down to Prevent Struck-by Injuries”.

Participants to the stand down will pause work on April 20 and set aside time time for stand down activities such as virtual or small group Toolbox Talks, look at work zone safety training and review the traffic control plan of the construction site. Sending emails or texting safety reminders as well as putting posters up and holding quiz contests will also help raising awareness.

Organizers can look for ideas and get material to download on the CPWR website such as promotional flyers, various tool box talks in English and in Spanish related to how to operate a vehicle safely in a work zone, how to work safely around vehicles on a construction site, how to make sure cranes are stable and don’t tip and how to prevent objects from falling. Organizers can also download infographics cautioning workers to stay alert, vehicle operators to observe safety rules and contractors to make sure they have a solid internal traffic control plan.

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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location-of-the-bicycle-accidentA man delivering pizza was critically injured in a bicycle accident in Manhattan. The accident took place on the Lower East Side around 6:30 pm yesterday night. A 21 year old driver, identified by the police as Dylan Penalo, was driving his car West on Delancey Street when he struck the cyclist who was riding South on Columbia Street, just where the underpass of the Williamsburg bridge is located.

The bicycle and the front of the sedan were  destroyed causing critical harm to the victim

The impact was brutal, critically injuring the victim who is believed to be in his 40ies. The front of the car was partially destroyed as well. The windshield was destroyed and so was the front grille of the car.  The driver took off on foot leaving the victim critically injured on the ground behind him. He later on returned and surrendered to the police. He was also transported to the hospital after he complained about wrist pain. Penalo who is now in police custody, was charged with leaving the scene of an accident with a serious injury, reckless endangerment and assault.

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construction site NYTo reduce injuries and deaths on NYC construction sites, Mayor de Blasio signed Local Law 196 in 2017. This law requires that workers can only be allowed to work on a  construction site in the city if they  attended a minimum amount of hours of safety training.

Construction superintendents, Site safety managers and site safety coordinators are all required to have  62 hours of safety training that includes the regular OSHA 30-hour safety class and additionally 8-hour fall prevention training, 8-hour on chapter 33 that covers safeguard during construction and demolition work, 4-hour scaffold safety, 2-hour site safety, 2-hour tool box talks, 2-hour safety meetings organization and preparation, 2-hour general electives, 2-hour specialized electives and 2-hour drug and alcohol awareness.

Other construction workers are required to attend the OSHA 30-hour safety class or the OSHA 10-hour class with 20 hours of additional training consisting of 8 hours of fall prevention training, 4 hours of scaffolding safety training and the option to choose between 8 hours of Chapter 33 training,  4 hours of general electives or 4 hours of specialized effectives.

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