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 sceneA woman was injured in a truck accident in NYC after the driver of the truck, naked and high on meth, crashed into her car. 38 year old Stephen Walker had spent Saturday night inside his box truck on a parking lot doing meth and having sex with his lover. In the morning the pair was caught naked by a jealous boyfriend. The couple sped away with the box truck to escape the angry boyfriend. Both men in the box truck were naked from the waist down. As they were escaping, the driver still high on meth rear-ended a car on Old Rockaway Blvd. and North Boundary Lane in Springfield Gardens, Queens. The truck careened off the road and crashed through a fence.

Walker who was driving the truck first ran away and hid from the first respondents in an empty horse trailer at a nearby animal shelter. However a few minutes later, consumed by remorse, he returned half naked to the scene of the accident to let the responding officer know that his lover was stuck in the truck. First responders were able to use “jaws of life” to cut though the truck door and liberate the half naked lover. The two men as well as the woman who was driving the car were transported to the hospital. The woman suffered neck and back injuries.

The truck driver was charged with with reckless driving, leaving the scene of an accident, drug possession, driving under the influence of drugs and obstructing government administration.

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accident scene3 pedestrians were seriously injured in an accident in New York wednesday morning around 10:00. They were struck and rolled over by a postal truck backing up in the crosswalk.  The USPS truck was parked on First Ave just in front of the crosswalk at the intersection of 37th Street.  As pedestrians were crossing the street, the driver backed up into the crosswalk and struck three of them. The driver continued to back up and rolled over them without realizing what just happened. According to the NY Daily News, the driver didn’t see the pedestrians because they were in his blind spot. He kept on rolling over them because he thought there was a bump on the road.

The 3 pedestrians were rushed to the hospital. They were in a lot of pain but all 3 of them were conscious. The driver of the truck remained at the scene of the accident and was given a summons by the police.

 

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After 13 people died and 4 were critically injured in a fire accident in New York City, the FDNY  reminds New Yorkers that a simple move can save lives. If you are fleeing a room on fire, shut the door behind you! In apartment buildings this simple action can prevent the fire from spreading to hallways and stairs. In houses, closing a door can save the whole structure. Above all all it can prevent others from being injured or from dying.

Last month, a fire started in the kitchen of an apartment located at 2363 Prospect Ave in Belmont. A young mother was in the kitchen and ran away leaving the kitchen door opened behind her. This allowed the fire to spread upstairs and then throughout the entire building. 12 people died in the fire including four children. 4 other people were critically injured. Among them was a man who died from his injuries a few days later. The FDNY believes that if the kitchen door had been closed, the deaths and injuries may have been prevented.

If you find yourself in a situation were you have to flee from a fire just remember one thing: Close the Door!

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schoolbusA reckless school bus driver hit an 11 year old boy as he was on his way to school early Tuesday morning. The accident occurred on Sutphin Boulevard near Liberty Avenue in Jamaica, Queens at 6:50 pm. 60 year old Marc Saget struck the boy and continued to drive without noticing what just happened. He was stopped not far away from the accident and charged with failure to yield to a pedestrian and failure to exercise due care.  The 11 year old boy was transported to the hospital with a bump on his head as well as scratches and bruises

A few minutes later in Manhattan another school bus hit a 56 year old pedestrian. The woman was crossing West 124th Street at the intersection of Lenox Ave when the accident occurred. She suffered serious injury and was rushed to the hospital. The police are still investigating what caused the bus driver to hit the pedestrian

Read more in the NY Daily News

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Defective Panasonic TVA potentially defective tabletop swivel stand sold with a 55-inch flat screen TV  was recently recalled by Panasonic. The Panasonic 55-inch, LED/LCD flat screen televisions with a tabletop swivel stand is a model that was sold to schools, government buildings and hotels from July 2012 through March 2014 .  The mounting screws that connect the stand to the TV can become loose and the TV can unexpectedly fall off the stand. This pose a risk of severe injury or even deaths to children.

If you see one these TVs on a swivel stand at your child’s school, at work or in a hotel please inquire if it was recalled and repaired. If it wasn’t please make sure that the  TV is detached from the stand and placed in a safe location before calling Panasonic for a free repair kit.

Panasonic indicates that so far nobody was injured.  755 models have been sold in the US and 130 in Canada. The TV is black with Panasonic printed in the front and the swivel stand is in a glossy black color and is 50 inches long. The model number for the television is TH055LRU50. It can be found on a tag on the back of the television.

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5,190 workers suffered fatal injury on the job in 2016, an increase of 7% compared to the 4,836 fatal injuries recorded in 2015. This is the first time since 2008 that the annual number of fatal work injuries is above 5,000. The fatal injury rate was on the rise as well with 3.6 per 100,000 full-time workers being injured on the job compared to 3.4 in 2015.fatal work injuries 2016

Almost half of the fatal work injuries occurred during transportation events. Among the 2,083 workers who suffered fatal injury in a transportation accident, 1,252 died in roadway accidents involving motorized land vehicles, 342 were pedestrians struck by a vehicle, 245 were involved in accidents involving motorized land vehicles, 130 in accidents involving an aircraft, 50 in accidents involving a rail vehicle, 48 in accidents involving a water vehicle and 16 in accidents involving animal transportation or pedal vehicle.

866 workers died from violence or other injuries by persons or animal. Violence at the workplace is the second most common cause of  fatal work injuries.  It increased by an alarming 23% last year.

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OSHA-inspectorTo prevent workers, especially construction workers, from being killed or injured on the job, the US Occupational Safety and Health Administration (OSHA) conducts thousands of work sites inspections every year. After Trump took over some worried that OSHA power would be diminished and that workers might be exposed to riskier work conditions. So far it hasn’t been the case.

During the fiscal year 2017, OSHA conducted 32,396 inspections compared with 31,948 during the fiscal year 2016.  The average penalty per violation was $3645 during the 2017 fiscal year compared with  $3415 during the 2016 fiscal year. Between 2010 and 2015 there was an average 8.4 $1 million cases reported yearly however in 2017 there were only 6 $1 million cases.

Despite being nominated by the president to head OSHA, Scott Mugno, currently vice president for safety, sustainability and vehicle maintenance at FedEx Ground hasn’t been confirmed by the Senate yet. So far the career OSHA people are still running the show and things are not expected to change dramatically.  This is mainly because the lack of political leadership and the language and requirements of the Occupational Safety and Health Act are preventing deregulation.

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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