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.
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injured hand of an elderly patientA policy instituted in 2017 that restricted fines to a maximum one-time amount of $22,320 to nursing homes violating safety standards, even if violations were persisting, has been reversed.

The reversal of the policy comes 6 months after the AAARP Foundation filed a Lawsuit with the help of  a Washington based law firm to fight this policy.

The 2017 policy  instituted by the Federal Centers for Medicare & Medicaid Services (CMS) endangered the lives of nursing home residents as well as their employees.

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location of the bee-line bus accident in the Bron NY11 people were injured including one critically after an articulated bus of the Bee-line system from Westchester county crashed into a pillar of the elevated subway line on Jerome Avenue near the intersection of East 213th Street in the Bronx, NYC. The bus was serving the 4 line and transporting passengers between Yonkers and Bedford Park in the Bronx. A car that previously collided with another one slammed into the bus pushing it into the pillar.

One 69 year old man in critical condition

Some of the bus accident victims were taken to the hospital by EMS, others were treated at the scene.  Among them, was the driver of the bus who was put on a stretcher and rushed to the hospital. The bus drivers told witnesses that 3 people were more injured than he was. A 69 year old man who suffered critical traumatic brain injury is in critical condition. He also said he was a veteran driver who was planning to retire next year and never had an accident in his entire career as a bus driver.

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A total of 118 people including 39 motorists, 16 motor vehicle passengers, 5 cyclists and 58 pedestrians lost their life in crashes in New York City during the first six months of 2021. This is the highest number of traffic accident fatalities during the first semester since 2013 when 121 people died in crashes. During the 7 following years, after Vision Zero was launched in 2014, auto fatalities declined and oscillated around 100 during the first six months of the year with their lowest at 84 deaths during the first semester of 2018.

traffic accident fatalities NYC 1st semester 2021
New York City auto accident injuries were lower than usual during the first semester of 2021. Since the beginning of the pandemic last year, less people have been on the road in the city which might explain the decline in injuries. A total of 22,898 people were injured. Among them were 10,975 motorists, 6,492 passengers, 2,303 cyclists and 3,128 pedestrians.

traffic accident injuries new york 1st sem 2021
Pedestrian fatalities were at their highest since 2014 last semester with 58 deaths compared to respectively, 37, 51, 49, 49, 56, 34, 60 and 72 during the first six months of 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013.It is very disappointing that after 7 years of  multiple Vision Zero initiatives, the number of pedestrian fatalities is back at its 2014 level. Are more pedestrians dying because the streets are still less busy than usual and more people are speeding or driving in a reckless manner?

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location of the dump truck accident in Brooklyn, NYCA scooter rider was fatally struck by a dump truck in Brooklyn, NYC, yesterday morning. The accident took place at the dangerous intersection of Canton Avenue and East 7th Street in Kensington, Brooklyn.  The scooter rider that was killed yesterday was identified as 27 year old Frederico Zaput Palsa.  The young man was working at the time of the accident, making a delivery for the pan-Asian restaurant Dao Palate in Park Slope. The truck driver, a 42 year old man, remained at the scene of the accident and so far has not been charged.

Both the dump truck and the scooter were trying to go around a double-parked car

According to the preliminary report of the Police, the scooter rider and the truck driver were both going East on Canton Avenue, the collision occurred as both the scooter and the truck were trying to go around a double-parked car.  Zaput Palax suffered a critical head injury and died at the scene of the accident.  His 21 year old brother, Alfonso was heartbroken. He told the News that he had already lost another brother to Covid19 last year.  Frederico  was the father of two sons and one daughter who live in Guatemala.

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Professor Daniel PollackIn a recent commentary in the New York Law Journal, Daniel Pollack, MSW, Esq., a professor at Yeshiva University’s School of Social Work in New York City wrote: “If at some point a lawsuit is brought against the department of human services/CPS in connection with that death, compassionate, yet experienced plaintiff and defense attorneys, familiar with the inner workings of CPS, will definitely be needed.”

The commentary can be found here 

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roofers fatalityRoofers have one of the most dangerous occupations among all workers. Every year more than hundred of them are dying in fall accidents. According to the most recent statistics, among the 401 fall fatalities recorded in the construction industry in 2019, 146 of them were roofer fatalities. Roofers have the fourth highest fatal injury rate after fishing and hunting workers, logging workers and aircraft and flight engineers according to the National Census of Fatal Occupational Injuries (see graph on the left)

Many fatal falls could have been prevented if  roofers were using a personal fall arrest

In New York, employers are required by law to provide roofers with a personal fall arrest system that meets the requirements of the Occupational Safety and Health Administration (OSHA) and American National Standards Institute (ANSI Z359).  A personal fall arrest system consists of a full body harness, connectors and lanyards that will limit the fall distance by being attached to a fixed anchor. Under New York Law, roofers also have to take a determined amount of hours of training in order to learn how to use the equipment.

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A decorative stone arch on the top of the front door of a residential brownstone in Brooklyn collapsed on the stoop and destroyed it, prompting the Department of Buildings to evacuate the building. Luckily nobody was around when the accident occurred. Three families living in the building were evacuated and temporarily relocated by the Red Cross. The owner of the building located on Carlton Avenue in Prospect Heights was issued a ticket for failure to maintain the building.  The owner was also ordered to immediately install a sidewalk shed to protect pedestrians from further potential collapse and to repair the building.

Building owners in New York City have a duty to maintain their property so they are safe inside and outside

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Heat Injury preventionHeat injuries can have serious consequences including disability and death. Heat injuries affect not only people practicing sports during the summer but also workers such as construction workers or landscapers. Anyone who practices a strenuous activity in warm conditions is at risk and should understand the body mechanism behind a heat stroke and how to prevent it.

When someone exercises in the heat, the body reaction is to sweat to cool off the body. Therefore the body looses a lot of fluids that need to be replaced by water or hydrating drinks. The body also needs to cool off.  If someone doesn’t let his or her body cool off properly and hydrate proprely, the body becomes dehydrated and  heat injuries occur.

Heat injuries come in many forms from mild to acute:

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location of the deadly Maserati crash in Brooklyn NYCTwo people were killed and two others were injured in car accidents related to speed in New York City these  last days. Yesterday night, 34 year old Joseph Edlawn, was speeding North on the Harlem River Drive when he lost control of his vehicle while attempting to take the East 125th Exit at high speed. He was on the ramp leading down to 125th Street when he hit the curb violently. The car flipped over and rolled over several times before landing on the roof. The driver was not wearing his seatbelt and was ejected from the car. He was rushed to the hospital where he was pronounced dead.  A 28 year old woman who was a passenger wearing a seatbelt only suffered minor scrapes.  (Read more in the New York Post)

On Saturday morning around 3:30 am a man behind the wheel of  Maserati  was speeding on Atlantic Avenue in Brooklyn when he lost control of his vehicle and crashed into the pole of the elevated train line at the intersection of Rochester Avenue in Crown Heights. The car flipped in the air and split in two before catching fire. Firefighters ran to the rescue. A man who is presumed to be the driver died at the scene of the accident and another man who was presumably the passenger was rushed to the hospital with critical injuries.  (Read more in the NY Daily News)

Injuries and death related to speed are on the rise in New York City since last year. According to the most recent data, NYPD collision data, unsafe speed was a contributing factor in 450  NYC traffic accidents that resulted in injury or death during the month of June. As a comparison during the same month, distracted driving, failure to yield-the-right-of-way, and following too closely were respectively the contributing factor in 2,850, 788 and 773 crashes that resulted in injury or death.

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accident sceneA hit-and-run moped driver crashed into a 4 year old pedestrian and seriously injured him last Sunday in New York City. The accident occurred in the Flushing Meadows-Corona Park near the Boathouse at the end of the afternoon. 4 year old Jonathan Beauchamp was hanging in the park with his parents and other children and relatives when  dirt bike and moped riders showed up and started to do donuts.  A mope rider struck 4 year old Jonathan and fled away. The boy was rushed to the emergency room by his dad and was diagnosed with acute head trauma. He remains in critical but stable condition. The police are still looking for the moped driver.

Hit-and-run drivers get away with murder all the time in NYC

In New York City, very few hit-and-run drivers are being found by the police and even in cases resulting in serious injury, many of the hit-and-run drivers face no consequences. Less than a quarter  of hit-and-run drivers involved in accidents resulting in death or serious injuries are indeed arrested.  47 people were critically injured or died in hit-and-run accidents in New York City during the first six months of 2021 and only 11 arrests were made which represent 23% of all the serious cases.  While looking at all hit-and run accidents including those that only result in property damage only 1% of the hit and run drivers are being arrested in New York City.

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