Wrongful Death

Published on: April 21, 2021

After the death of child in a treadmill accident, Peloton refuses to comply with the Consumer Product Safety Commission and recall the dangerous product

Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC. Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+.

Multiple children and a pet have been injured and recently a child died in a Peloton Tread+ treadmill accidents but Peloton has been very reluctant to cooperate with the federal safety agency. The company is fighting a request to recall the dangerous product and refuses to provide the name of the child who recently died after getting stuck under the high end Peloton treadmill.

“The CPSC must have reason to believe that the treadmill wasn’t designed appropriately” said Anthony Gair. According to him, Peloton might not have done a hazard analysis before launching the product or if they did, he questions if they knew about the danger and ignored it.

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Published on: April 20, 2021

Hit an Run driver almost killed cyclist in the Bronx, NYC

By GGCRBHS&M

A cruel and reckless driver blows a stop sign, hits a cyclist critically injuring him, drives away, comes back, takes a look at the cyclist, gets back in his car and speeds away.

The accident occurred at night last week in the Bronx. A 46 year-old cyclist was riding his bike through the intersection of Dudley and Edison Avenues in Pelham Bay when a driver blew the stop sign and slammed into him. A video surveillance first shows the driver taking off. He then returned to the scene of the accident, took a look at the victim who was suffering critical injury and took off again. The victim was found by EMS and rushed to the hospital. (Read more in the Daily News)

Bicycle accidents injuries in the Bronx have been on the rise during this period of the year compared to the same period last year. According to the most recent NYPD traffic statistics, 17 people were injured in bicycle accidents in the Bronx during the week of April 5 to April 11 compared to 2 during the same week a year earlier. Last years numbers were much lower because the city was observing the Covid19 lock-down and the streets were mostly empty. The same can be said when looking at statistics on a 4 week basis. 54 people were injured in Bronx bicycle accidents between March 14 and April 11 2021 compared to 20 for the same period a year earlier.

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Published on: April 16, 2021

Light pole hit by MTA Bus falls on pedestrian and kills him

By GGCRBHS&M

A NYC pedestrian died from his injuries after a light pole fell on him. The pole fell after a MTA Bus who was trying to swerve around a disabled vehicle struck it with its side mirror.

The accident occurred a week ago on Thursday night in Brooklyn. 59 year old, Lance Margolin, a stock trader for Merrill Lynch, was walking on the pedestrian mall on Eastern Parkway near the Utica Avenue train station. Margolin, his wife and some friends were heading back home after a birthday party. As they were walking, a MTA bus driving on Eastern Parkway swerved to avoid a disabled car and struck a light pole with its side mirror. The light pole crashed on the ground, right on the top of Margolin. The friends who were walking steps ahead of Margolin and his wife heard a big bang and when they turned to look at what happened, Margolin was crushed under the pole with his wife next to him. They ran to the rescue. One of the friends was able to lift the pole from the victim who suffered severe head and body trauma.

The victim never regained consciousness and died 3 days later

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Published on: April 15, 2021

Protecting children from injuries in car accidents

By GGCRBHS&M

Car accidents are one of the leading causes of injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018.

From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous vehicles, the Center for Child Injury Prevention Study has been constantly researching and advocating for better ways to protect children on the road.

Among their most recent studies, researchers at CChIPS have been looking at the validity of recommendations for rear-facing Child Restraint System (CRS) using newly available real car accident injury data.

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Published on: April 13, 2021

Pedestrian killed by another car jumping the curb

By GGCRBHS&M

One day after a pedestrian died after being hit by a car on a Manhattan sidewalk and 5 other people were injured after a car jumped the curb in Brooklyn (see previous blog), another NYC pedestrian died after being struck by a car jumping the curb in Brighton Beach in Brooklyn, NYC.

Volf Ferdman, a 97 year-old decorated World War II veteran and beloved grand father was killed by a 79 year-old driver last Wednesday afternoon while on his way to the bank. The accident occurred right in front of the Apple Bank located on Brighton Beach Ave near 4th Street around 3:45 pm. Ferdman was sitting on his walker in front of the bank when the driver of a large SUV, a 2008 Cadillac Escalade who was parked in front of him started to maneuver to get out of the parking space. As he was doing so, the 79 year old motorist lost control of the massive SUV, jumped the curb and pinned Ferdman between the front of his car and the bank’s glass window. Ferdman was still alive when emergency responders arrived but the injuries he sustained were so bad that he later passed away at the hospital. He lived just a few blocks away from the bank. An Apple Bank employee told the News that the SUV had a handicapped sticker in the windshield.

Ferdman was a beloved grandfather and great-grand father and his 46 year old granddaughter Svetlana Statsyuk told the News that her grand father was looking forward to celebrating “Victory Day” on May 9th, a former Soviet Union holiday celebrating the 1945 surrender of Nazi Germany. Ferdman was originally from Ukraine and fought for Russia during World War II. He later immigrated to the US and choose Brighton Beach in Brooklyn as his new home. His family was his biggest joy and they loved him dearly.

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Published on: April 12, 2021

Sanitation worker killed by impatient hit and run driver

By GGCRBHS&M

A motorist fatally hit a pedestrian in Brooklyn, NY and took off on foot last Saturday morning around 8:00 am. The pedestrian was 52 year old Angel Aguilar-Duran, a private sanitation worker on the job. At the time of the accident, Angel was standing in the street, guiding the driver of the garbage truck backing down on Hope Street near the Havemeyer Street intersection. As they were maneuvering, the driver of a 2005 Honda Odyssey minivan got impatient and attempted to go around the garbage truck. She struck Angel who fell under the wheels of the minivan and dragged him under the vehicle for 50 feet.

The driver of the minivan took off on foot

The sanitation worker was stuck under the minivan with his legs sticking out. People in the street started to run toward the minivan to help while others ran to a nearby firehouse to ask for help. The passenger got out of the minivan while the driver stayed inside and stayed silent. The passenger tried to pull the sanitation worker from under the car but people around him told him not to move him. He then picked up a car jack from the minivan and hoisted the vehicle up. Then in the weirdest move, the driver of the minivan got out of the vehicle and took off on foot. A few minutes later, the passenger did the same despite witnesses yelling at them to stay at the scene of the accident.

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Published on: April 9, 2021

Two killed in box truck accident on the Long Island Expressway, NY

By GGCRBHS&M

Two men died in a NY box truck accident early Monday last week. One of the victims was the driver of the truck and the other victim was the passenger. The two men were aboard a Boar’s Head box truck belonging to Top Shelf Provision, an independent authorized purveyor. They were driving on the Long Island Expressway in North Hills near exit 36 when the truck struck the overpass for Shelter Rock Road and rolled over. Both men died at the scene of the accident. Read more in theislandnow.com

High risk of rollover accidents

Because there are so many box trucks in New York, accidents are quite common. Box trucks are used for deliveries of merchandise to restaurants, stores and business . Box trucks are heavy and because they have a very boxy shape in order to carry a maximum of merchandise, their center of gravity is high, making them prone to rollover accidents like the one in which these two men were killed last Monday. When loading the truck, it is important that goods on board are proprely secured as unsecured merchandise also increases the risk of a rollover.

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Published on: April 9, 2021

April is Distracted Driving Awareness Month

By GGCRBHS&M

A NY State Trooper who sustained catastrophic injuries after being struck by a distracted driver in Long Island, NY recently died. The accident occurred 3 years ago. Joseh Gallager who was 38 year old at the time, was helping a disabled motorist on the Long Island Expressway when he was struck by Jesse Cohen. Investigation found that at the time of the accident, Cohen was text messaging with 3 different people and had 3 social media apps open in the 20 minutes prior to the accident. Gallager suffered traumatic brain injury and lost the ability to talk, walk or eat without help. He passed away on March 26th, leaving behind his wife and two chidden as well as his parents, sisters and brothers. His funeral took place last week (see obituaries in NewsDay).

Gallager is one of many victims of distracted driving. According to CBS News, in the last 3 weeks, 3 other car accidents in Nassau County were caused by distracted driving. In 2019, distracted driving killed 3,142 people in the US, 10% more than in 2018 according to the most recent statistics from the NHTSA.

The death of State Trooper Joe Gallager, occurred just before the beginning of “Distracted Driving Awareness Month” and as a reminder, the police in Nassau County have been launching a major campaign enforcing distracted driving laws on their roads.

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Published on: April 8, 2021

Fall fatalities and injuries at their highest in the New York City Construction Industry during the first two months of 2021

By GGCRBHS&M

2 construction workers died and 79 were injured on the job in New York City during the first two months of 2021. One fatality occurred in Staten Island and the other one in Manhattan. In both cases the worker fell. Last year, only one worker died in NYC construction accidents over the first 2 months of the year and the year before, no fatalities were recorded during the same period. Since 2015, the number of construction worker fatalities during the first two months of the year varied between 0 and 2. Among the 79 workers injured, 41 of them were injured in fall accidents. (click on graphs for full size)

Falls remain the most common cause of fatalities for construction workers in New York City. The two fatal accidents that occurred in February were falls. Both accidents could have been prevented if adequate safety measures had been in place. The first accident took place on a construction site located at 730 5th Avenue in Manhattan. The worker who died was cleaning an area where a permanent building trash chute was being installed. He stepped on a hole cover that snapped and gave way. The worker fell to the floor below. He was transported to the hospital where he died from his injuries. The second fatal accident occurred at 144 Dunham Street in Staten Island. A roofer fell from the roof and did not survive the injuries he sustained during the fall. The inspectors found that the working permit for the construction site had expired. Multiple safety infractions were found at the site and the DOB issued a full stop work order for failure to safeguard persons and property. Roofers have the highest rate of fatalities among all categories of construction workers.

79 construction workers were injured in New York City during the first two months of the year. This is the lowest number of workers injured during the first two months of the year since 2017. 48 of these accidents took place in Manhattan, 14 in Brooklyn, 11 in Queens, 4 in the Bronx and 1 in Staten Island.

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Published on: April 8, 2021

Deadly ambulance accident in Brooklyn, NYC

By GGCRBHS&M

An elderly woman died and 8 other people were injured after a car T-boned an ambulance in New York City.

The accident took place last Sunday afternoon around 3:00 pm in Flatlands, Brooklyn, NYC. An Hatzola ambulance was transporting a 95 year old woman who suffered a cardiac arrest to the hospital. The emergency vehicle was heading South on Schenectady Avenue with its lights and sirens on according to witnesses. As it crossed Avenue N, the ambulance was T-boned by a car travelling west bound on Avenue N.

A witness told the NY Daily News that the light had just turned from orange to red when the ambulance crossed the intersection and that the driver of the black Nissan who was speeding might not have heard the ambulance sirens.

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