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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Corlears-Hook-park-where-the-deadly-car-accint-occured-e1720473719458On the evening of July 4th, a tragic incident unfolded at Corlears Hook Park on the Lower East Side when Daniel Hyden, 44, allegedly drove his gray Ford F-150 into a crowd of people. The crash resulted in the deaths of Lucille Pinkney, 59, her son Hernan Pinkney, 38, and 43-year-old Ana Morel. Eight others were injured in the incident. According to reports, Hyden was driving under the influence of alcohol. He admitted to having a few drinks but refused a breathalyzer test. Additionally, Hyden’s driving privileges had been suspended due to his failure to answer four prior summonses.

Legal Perspective: What the Victims’ Families Can Do

In the wake of such a devastating event, the families of the victims are understandably seeking justice and compensation for their immense loss. Here are some legal avenues they can explore:

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US_Supreme_CourtIn a pivotal decision, the U.S. Supreme Court has overturned the Chevron deference doctrine, fundamentally altering the landscape of federal agency authority. This 6-3 ruling in the case of Loper Bright Enterprises v. Raimondo is set to have far-reaching consequences across various sectors, including personal injury law.

Understanding Chevron Deference

Chevron deference, established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., mandated that courts defer to a federal agency’s interpretation of ambiguous statutes it administers, provided the interpretation is reasonable. This principle has played a critical role in how agencies like the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) enforce regulations.

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Pool owners have legal responsibility to make their pool safeIn an alarming span of just 24 hours, three separate drowning incidents occurred in backyard pools across Long Island, leaving communities in East Meadow, Wyandanch, and East Northport reeling from the loss. As personal injury attorneys, these tragic events underscore the critical importance of pool safety and the legal implications that often follow such devastating accidents.

The Heartbreaking Incidents

On Thursday afternoon, first responders were summoned to a home on Second Avenue in East Meadow after a 7-year-old boy was found unresponsive in a backyard pool. Despite swift transport to a nearby hospital, the young boy was tragically pronounced dead. The sorrow and shock felt by the family and community are immeasurable.

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employers are liable for employees heat illnessesAs construction accident lawyers in New York City, we are deeply concerned about the impact of the upcoming heat wave on our city’s construction workers. The extreme heat expected this week poses a serious threat to the health and safety of those working on construction sites. A previous  investigation by “the City” indicates that when the temperature hits 85 degrees, workers in New York City are 7% more likely to be injured on the job. At 95 degrees, the likelihood of an accident goes up by one more point, to 8%.

Alarmingly, nearly 75% of workers who die from heat-related causes do so within their first week on the job

Heat is a well-known occupational hazard that can cause severe or even fatal illnesses if workers are not provided with the necessary protections and training. Each year, thousands of workers fall ill due to occupational heat exposure, and tragically, many of these cases result in death. New employees, who have not yet acclimated to working in high temperatures, are particularly vulnerable.

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Car Accident in NYThe upcoming Memorial Day weekend, traditionally a time for celebration and travel, also marks one of the most dangerous periods on U.S. roads.

As attorneys representing victims of car accidents, we recognize the profound impact that crashes can have on individuals and families.  The National Safety Council (NSC) estimates that 418 people may lose their lives in motor vehicle crashes over the holiday period from Friday, May 24, to Monday, May 27. This represents an 11% decrease compared to last year’s estimate, but it still underscores the critical need for heightened awareness and preventive measures.

The Role of Infrastructure and Driver Behavior

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Location of the Brooklyn DWI AccidentAs Brooklyn personal injury lawyers, it is both heartbreaking and frustrating to witness preventable tragedies like yesterday’s crash in Brownsville, that left a one-year-old child in critical condition.

Yesterday evening, 28-year-old Natalie Leonard was driving with a blood alcohol content of 0.08%, the legal limit in New York. She ran two red lights and collided with another vehicle at Dumont Avenue. In the passenger seat was a 21-year-old mother holding her one-year-old son, who was not in a car seat. Both were unrestrained, leading to severe consequences when the crash occurred. The child suffered a skull fracture and was rushed to Brookdale University Hospital, where he remains in critical but stable condition.

Legal Ramifications

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Brooklyn DA OfficeAs personal injury attorneys representing victims in Brooklyn, we have witnessed firsthand the devastating consequences of negligence in the construction industry. The recent conviction of a Nassau County construction company owner for criminally negligent homicide in the death of a young girl serves as a reminder of the critical importance of adhering to building codes and safety protocols.

On August 29, 2019, a tragic event unfolded in Bushwick, Brooklyn, when 5-year-old Alysson Pinto-Chaumana lost her life due to the collapse of a poorly constructed stone wall. Alysson, along with her mother and friends, was visiting a residence at 444 Harman Street. While waiting on the enclosed patio, the stone pillars and horizontal plates of the wall suddenly fell, crushing Alysson and causing her untimely death.

An in-depth investigation revealed that Nadeem Anwar, the owner of City Wide Construction and Renovations, Inc., had constructed the wall in violation of numerous provisions of the New York City Building Code.

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webinar on Ben's medical malpractice verdict of $120 million
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.

Ben and our law firm handled a complex Stroke case  involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.

Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.

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NYC Construction accident injuries and deaths in 2023As New York City construction accident attorneys, we are continually monitoring the trends and statistics related to construction safety in our city. Despite the overall high levels of construction activity, which naturally elevates the potential for hazardous incidents, there has been a notable decrease in fatalities within the industry. According to the Department of Buildings (DOB), there was a 36% decline in fatal incidents related to building construction activities in 2023, a nine-year low with seven workers tragically losing their lives.

However, this positive trend in reduced fatalities does not overshadow a concerning increase in the number of reported incidents and injuries on construction sites. Injuries have increased by 38% over the past three years as construction activity resumed post-pandemic. Notably, 2023 saw a significant rise in incidents such as ladder falls, stair falls, and tripping—common types of accidents that often lead to severe injuries.

From a legal perspective, it’s crucial to recognize that each injury and fatality is not just a statistic but represents a worker and their family facing significant distress

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Personal Injury Lawyer Ben Rubinowitz at MAJ ConventionWe are thrilled to announce that Ben Rubinowitz, our esteemed managing partner and a renowned trial attorney, will be speaking at the Maryland Association for Justice Convention on Friday, May 10, 2024. Ben will co-present with fellow seasoned attorney, Robert Michael (Shadoan, Michael & Wells, LLP Rockville, MD) in an insightful session titled “From Chaos to Clarity: Using Case Framing.”

This morning session promises to be a captivating showcase of Case Framing in action. Attendees will have the unique opportunity to witness Ben Rubinowitz and Robert Michael dissect their approach to this powerful methodology. They will demonstrate how they transform complex legal challenges into clear, persuasive narratives, focusing on key ‘just can’t get over’ issues and utilizing ‘echoing’ principles to engage and persuade jurors effectively.

Interactive Presentation

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