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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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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snow tubing can be dangerousA 16 year old died from her injuries in a sledding accident in Lewiston, New York. The teenager, identified as Renee Hill was riding a sliding tube with her 3 year old nephew in front of her on the tube when she realized that they were about to hit a tree. To prevent her nephew  to hit the tree first she put her foot down to flip the tube. She hit the tree while her nephew was saved.  She was rushed to the hospital in critical condition but she died on the way. Renee was a sophomore at Niagara Wheatfield High School.

The sledding hill in Clyde L. Burmaster Park where the  fatal sledding accident occurred  was closed until further notice and the accident is being investigated.

While it is quite fun, sledding can be dangerous

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child-playingChildren and teenagers are prone to traumatic brain injuries (TBI). Over a million of them check in an emergency room in the US for a non fatal Traumatic Brain Injury every year. A recent study conducted by researchers under the lead of Bina Ali for the nonprofit Pacific Institute for Research and Evaluation  looked at the causes of these injuries.  To do so the researchers used data from the National Electronic Injury Surveillance System. They  found that between 2010 and 2013 more than 4 million children were diagnosed by emergency room doctors for non fatal TBI.

Among the different categories of ages, those the most prone to suffer TBI were among the youngest and among the oldest. 1,085,680 children between the age of 1 and 4  and 1,107,463 teenagers between 15 and 19 year old were diagnosed with TBI during the period under review.

The causes of  TBI vary depending on the age of the child. Almost 3 quarters of TBIs suffered by  toddlers were related to home fixtures, furniture and structures.  Falling from chairs and beds were the most common furniture related accidents while tripping on the floor or falling down the stairs caused the most TBIs related to home fixtures and structures.

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Jim BakerSome Covid-19 scams can cause personal injury, others will just hurt your wallet.  According to a recent article in Fair Warning, the Department of Justice had received more than 76,000 tips reporting all types of scams related to Covid-19.

Now the limited number of vaccine doses on the market has again triggered the creativity of scammers and thousands of website promoting fake covid-19 vaccine have been shut down by Federal Authorities.  Other scammers are knocking on doors to offer quicker access to the vaccine for money. There is no such thing and you should not give anybody financial compensation to secure a vaccination.  Conmen have also pretended being contact tracers to get personal information such as Medicare card numbers.

Fraudulent unapproved medicine or supplements as well as fake rapid test kits have invaded the market with phony promotions.  At the beginning of the pandemic, evangelist Jim Baker received a cease and desist notification after selling a silver solution that he claimed cured the virus in 12 hours. Another company NameCheap Inc was sued by the US government after selling fake “World Health Organization Vaccine kits online.

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8 construction workers died and 502 were injured on the job in New York City in 2020 compared to respectively 11 and 596 in 2019. The slowdown in the construction industry  related to the COVID-19 pandemic in all market sectors, except for healthcare construction, is the main factor behind this decline. Additionally Local Law 196 which was signed in 2017 but took effect in 2019 might also have contributed to a decrease in construction accident deaths and injuries in New York City. Local Law 196 requires that construction workers take a 40 hour safety training course and supervisors 62 hours safety course to be able to work on a NYC construction site. Most construction accidents are preventable and often occurred when workers lack sufficient knowledge or training.

NYC Construction accident fatalities decreased in every boroughs except for Brooklyn.

Construction Accident Deaths NYC 2020
Manhattan is the borough that saw the most significant decrease in construction workers fatalities in 2020. Two construction workers died in accidents in Manhattan last year compared to respectively 6, 6, 7, 5 and 7 in 2019, 2018, 2017, 2016 and 2015. It is the fist time over the last 5 years that the number of construction accident fatalities in Manhattan is that low.

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the overpass where the bus fell from8 passengers and a driver were injured in a MTA bus accident last week. The driver lost control of the bus and  plunged from an overpass, leaving the articulated bus dangling over an expressway in the Bronx.

The accident occurred as the articulated bus was on the University Avenue overpass above the Cross Bronx Express Way. According to preliminary investigation speed was a factor in the accident. As he made the turn to get on the  overpass, the driver’s speed was between 17 and 26 mph while the safe speed for such a large bus should have been 3 to 4 mph.  He lost control of the bus, teared through a metal gate and plunged 50 feet over the overpass, leaving the accordion bus dangling from the overpass with its nose on the expressway below. The bus driver was able to extricate himself from the bus and help other passengers to get out of the bus. he suffered jaw, leg and knee injury. 8 other passengers were injured including two seriously. They were all transported to the hospital.

https://twitter.com/ADiLorenzoTV/status/1350026084398600194

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116 bicyclists, 504 pedestrians, 1,116 motor vehicle passengers and 1,795 motor vehicle drivers were injured in traffic accidents in New York City during the month of November for a total of 4,039 people injured. Another 28 people died in similar circumstances, among them were 6 cyclists, 13 pedestrians, 1 passenger and 8 drivers. (click on graphs for full size)

Traffic Accident Injuries NYC November 2020
New York Auto Accident Death November 20
While the total number of monthly deaths reached a record high for the month of November since Vision Zero was launched in 2013, the total number of monthly injuries was at its lowest since 2013 for the month of November.  Since the beginning of 2020 when the Covid pandemic started, the streets of New York City are less busy than usual which might explain why the monthly number of people injured in traffic accidents for the entire year stayed below the trendline. However less traffic has lead to speeding and other reckless activities  which resulted in more traffic fatalities.

Car accident injuries in New York in November with trendline
car accident death in NYC in November with trendline
Because of the pandemic, the city saw an increase of people using bicycles to commute. However riding a bike in New York City remains dangerous despite new bike lanes that are being implemented all over the city. While cyclists infrastructure are decently developed in Manhattan it is not the case in the other boroughs especially in the Bronx where Citi Bike has implemented new bike shares but protected bike lanes are still rare. As a result the number of NYC bicycle accident injuries and deaths are exploding. Last November 6 people died in bicycle accidents compared to respectively 1,0, 2, 0, 0, 1, 2 and 2 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. This is the second time in the last 3 months that the monthly number of bike accident deaths reached a record high. The number of injuries also jumped to 504 last November compared to respectively 246, 285, 366, 346, 276, and 280 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. The number of bicycle accident injuries more than doubled from November 2019 to November 2020. The total number of bicycle accidents was also on the rise with 537 accidents in November compared to respectively 367, 375, 400, 465, 454, 383 and 368 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. While  the graphs below clearly show that the total number of bicycle accidents and the resulting injuries are seasonal and reach their peaks during the summer all trendlines are on the rise and over the recent months bicycle accidents injuries and deaths have all reached record highs.

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