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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NY Top Verdicts Personal Injury 2017
The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom Hershenhorn, Steigman and Mackauf obtained the second and the third highest personal injury verdicts in New York in 2017.

  • On September 28 2017, Ben Rubinowitz, Rachel Jacobs and James Rubinowitz obtained a $71 million verdict for a 19 year old woman who suffered a fracture of her lumbar spine in a car accident. This is the second highest personal injury verdict and the highest car accident verdict in New York in 2017. It is the fourth of all New York verdicts among all categories of law (read more here)
  • Less than a month later, on October 24 2017, Ben Rubinowitz and Peter Saghir obtained a $41.5 million verdict for a 43 year old sanitation worker who was fatally struck by a street sweeper.  This is the thirdd highest personal injury verdict and the highest truck accident verdict in New York in 2017. It is the fifth of all New York verdicts among all categories of law (read more here)
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NYC construction workers safetyIn an effort to reduce the number of construction workers injured or killed in New York City, Mayor de Blasio introduced at the end of last year “Intro. 1447-C”, a bill requiring each construction worker to attend 40 hours minimum of safety training to be able to work at a New York construction site (see previous blog).

Therefore by March 1 2018, hard hats working on a NYC construction site will have to show that they attended at least 10 hours of safety training within the previous five years if they want to continue working. Workers can do so by attending an OSHA 10 class.  Workers can Google” OSHA 10 training NYC” to find many options available during the week as well as during the week-end.  During an OSHA 10 hours training course, workers will learn basic work place safety and how to reduce the risk of accidents. They will participate in interactive exercises and study real life cases. Subjects will include fall protection, personal protective equipment, electrocution and more.

By December 1st 2018, construction workers are required to complete OSHA 10 and 20 additional training hours specified by DOB or OSHA 30. Workers also have the option to attend a DOB-approved 100-hour training program.

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accident sceneA 26 year old pedestrian suffered critical injury after being struck by a car in Long Island City, NYC,  on Tuesday night.  The man was hit by a dark-colored SUV at the corner of 35th Street and 46th Avenue. The SUV driver didn’t stop, leaving behind him a man critically injured. A woman who was working in a nearby warehouse heard the accident and ran out in the street. She told the Daily News that the victim was trying to get up but he couldn’t. He was transported to the hospital in critical condition. The police are still looking for the driver. Anyone with information on the case should contact the Crime Stoppers hotline at 1-800-577-8477, or text CRIMES and then enter TIP577, or visit www.nypdcrimestoppers.com.

A little earlier in the afternoon, a 15 year old boy was struck by a car at the intersection of Hylan Boulevard and New Dorp Lane in Staten Island. the pedestrian was transported to the hospital with shoulder pain. The driver, a 68 year old man, stayed at the scene of the accident and wasn’t charged. According to the police the teen was walking outside of a crosswalk at the time of the accident. Read more in the SILive

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15 people died and 5,450 were injured in 19,983 auto accidents in New York City in October. October is usually a bad month for car accidents in the city. As shown in the graphs below the total number of accidents was above the trend line in October.  The monthly number of traffic injuries was also the second highest number ever recorded in the city. The highest number of crash injuries was 5,557 last May. While the total number of crashes and related injuries have been steadily growing over the years, the number of people dying in crashes declined since 2013 when Vision Zero was launched. The number of people dying in car accidents went from 35 in October 2013 to 25 in October 2014, 26 in October 2015, 14 in October 2016 and 15 this last October. In 4 years fatal crashes declined by more than 50%. Additionally for the last two years the number of traffic deaths was below the trend line for the month of October while in the past it was always above it during this specific month.

car accidents injuries and deaths NYC October 2017
Despite all the Vision Zero efforts, crash injuries are on a rising trend.  Since last May their monthly number stayed above 5,000. Motorist injuries are the main cause of this rising trend. While in October 2013 motorist injuries accounted for less than a third of the total number of injuries, four years later they account for almost half of them. On the other hand, passenger injuries have been declining over the last four years. Distracted driving is suspected to be a factor. When drivers are alone in their cars they maybe more tempted to use their electronic equipment than when they travel with passengers.

crash injuries New York City October 2017
The number of monthly deadly crashes in New York City stayed below 25 for more than a year. It is the first time that the number of monthly fatal accidents stayed below 25 for that long. The highest number was 24 in June followed by 22 in September. The last time this number was above 25 was in June, 2016 when 29 people died in car accidents in the city. The city speed reduction from 30 mph to 25 mph may have been a factor in the recent decrease in fatal crashes.

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A 12 year old boy died in a fire accident in Queens, NYC. Thomas Curly was sleeping in his bedroom Sunday around 3:00 am when a fire erupted in the apartment he was living in with his family on Ocean Promenade near Beach 123rd Street in Rockaway Park. Thomas was living on the sixth floor of a five story building with his grandfather, his mother and his mother’s boyfriend. All of them were able to escape except for Thomas who got stuck in his bedroom. According to investigators, the fire was accidentally set by someone smoking in the apartment. Additionally there were no smoke alarms in the apartment. Smoke alarms are required by law in New York City. They may have saved the life of the young boy.

A few hours later another fire erupted in Harlem on First Ave near Tito Puente Way.  The fire ravaged an apartment on the seventh floor of a 32 story building. A 64 year old woman was found dead by the firefighters. Another victim was transported to the hospital. Read more in the NY Daily News

 

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accident scene3 pedestrians died and 6 were injured including 2 critically in 4 different motor vehicle accidents in New York City that all occurred early Sunday morning during the supermoon.

The first accident occurred on the Upper East Side at 2:00 am. A 29 year old pedestrian suffered severe head trauma after being hit by a car. According to the NY Daily News, the pedestrian was crossing First Avenue at the intersection of 82nd Street against the red light. He was hit by a vehicle that was crossing the intersection with the green light. The pedestrian was rushed to the hospital to be treated.

Two hours later, around 4:00 am a pedestrian was killed in a Queens crash. The 71 year old victim was attempting to cross the Belt Parkway near Farmers Blvd in Springfield Gardens when he was hit by a car. The man was rushed to the hospital where he died from his injuries.

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A cyclist died from his injury after he was struck by a car in New York City. The accident occurred on November 17 around 2:40 pm. 84 year old Yau-Teg Fung, of Queens was riding his bike on Albertson Street near Fleet Street when he collided with a car driven by an 80 year old woman. He suffered a massive head injury after being thrown off his bike. He was rushed to the hospital in critical condition. He died from his injuries after 10 days of hospitalization. The police told the NY Daily News that the driver had stopped at a stop sign and she was in the intersection when the cyclist hit her rear door. No criminal charges were filed.

 

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Defective Hoverboard Lazy BoardDespite the many fire accidents and injuries caused by defective lithium-ion battery packs in hoverboards, the toy remains among the most popular holiday gifts. If you or your kids own a self balancing scooter or if you are planning to buy one as a gift you should visit the Consumer  Product Safety Commission website and check on the recent Self Balancing Scooter recalls. Here are some of the most recently recalled models:

  • The Layz Board hoverboard was recently the subject of a second warning by the Consumer Product Safety Commission. According to the agency this hoverboard caused a fire on October 23, 2017, in Manchester Township, Pennsylvania, which destroyed one town home and damaged four others. The hoverboard was the object of a previous warning in May 2017 after two young girls died in a house fire caused by the Layz Board hoverboard on March 10, 2017, in Harrisburg, Pennsylvania
  • Salvage World just recalled 700 Smart Balance Wheel self-balancing Scooters/Hoverboards. The battery can overheat and pose a risk of smoking, exploding or catching fire
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OSHA logoUnder the Federal Occupational Safety and Health Act, some employers in high risk sectors such as construction, manufacturing and building materials are required to report employees illnesses and injuries to OSHA. Until last year these employers reported these data manually in what was commonly called the “OSHA Log”.  The OSHA log commonly refers to:

  • the Log of Work-Related Injuries and Illnesses (OSHA Form 300)
  • the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)
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lab experiment with fireFour NYC students suffered personal injury during a science experiment that went wrong at St. Catherine Academy, an all girls catholic high school in the Bronx, NYC. Two of the students were seriously injured, two others suffered minor injuries.

The accident occurred  last Wednesday morning around 8:30 am. Students were participating in an experiment during which they clustered around their teacher who was demonstrating with fire how an atom goes from ground state to excited state. At one point, instead of going up, the flame spread and expanded, reaching students. Four of them were singed on their hands and their faces. They were transported to the hospital to be treated.

The teacher had been teaching chemistry for 3 years at the Bronx high school and never had any accident in the past. Read more in the New York Times.

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