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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Pollack-and-RadcliffeWhen a child suffers personal injury as the result of an abuse by an adult, Child Protective Services will intervene to prevent more injuries to the child. However when a child suffers emotional trauma, child welfare workers often lack knowledge and basic training on the neurology of trauma and the factors that will promote brain resilience. As a result, children are often placed in homes that are not appropriate for their well being and healing.

In a recent article,  Susan Radcliffe, LCSW-C, a mental health therapist and a clinical social worker at the Dorchester County Health Department, Cambridge, MD and Daniel Pollack, MSSA (MSW), JD, an attorney and professor at Yeshiva University’s School of Social Work, look at the case of a Child Protective Service worker who after being informed by a mental health therapist that a boy placed in a safety home alleged that his “emergency plan safety parents” were physically fighting decided the boy should remain in the home. When the mental health therapist questioned the decision,  The Child Protective Services worker replied “What do you want me to do?”.  She also  said she was following her training.

The article provides an in-depth explanation on how, during an emotional trauma the limbic system of the brain produces cortisol, a stress hormone that provides energy to respond to danger. For example if a car is speeding toward an individual, the cortisol will give the person the energy to respond to the danger and quickly get out of the way.

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Super-lawyers-gold10 of our NYC Personal Injury Attorneys have been named Super Lawyers 2020 and 2 have been named Rising Stars 2020.  We would like to congratulate:

  • Ben Rubinowitz: Super Lawyer 2020 for the 15th consecutive year
    • Top 100 New York Metro Super Lawyer  2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2006
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location of the Sinkhole accidentA man suffered serious personal injury after falling 15 feet into a sinkhole in New York City. The 33 year old victim was waiting for his bus in front of a building located at 4521 Third Avenue in Tremont in the Bronx when the sidewalk suddenly sank under him. The accident occurred last Saturday a little bit after noon. The FDNY rushed to the rescue, brought a ladder to the scene and brought the victim back to the surface. The man was then rushed to the hospital where he is now listed in stable condition. The NYC Department of Buildings found that the vault of the building was in disrepair, causing the ground above it to sink.  The DOT issued a construction violation for the vault and also ordered the building to be immediately vacated. According to the Gothamist, the building was already empty with the exception of a dentist office on the first floor. The building is owned by EH And HD 183rd Realty. It was put on sale around a year ago for $9 million. The owner was ordered by the DOB to install a construction fence around the building to avoid other accidents. The building has a total of 28 complaints and 29 violations from the DOB including 4 active. 2 of the active ones are elevator related violations.

Who is responsible for a sinkhole on a sidewalk?

In New York, it is the responsibility of the building owner to maintain its property  in a safe condition.  If someone is injured because the owner neglected to maintain its property in safe condition, the owner may be held legally responsible for the injuries if they occurred on the owner’s property (see our premises liability page). In New York City, the maintenance of the sidewalk in front of the property is usually the responsibility of the owner.

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Recently, the Administrative Board of New York’s Office of Court Administration took the unprecedented action of denying re-certification to 46 Supreme Court Judges, ending their careers on the Bench. Those justices were required to apply to continue to serve based solely upon their age.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf stands with all New York judges in the fervent hope that this decision be reconsidered and each of these excellent jurists receive the individual consideration of their applications which they have earned. Now, more than ever, our citizens need confidence that they have access to a fair and functioning judicial system. The simultaneous loss of all of these hard-working judges greatly diminishes the ability of our Court system to ensure that provision of timely and absolute justice that provides the bedrock foundation of a just society. Even in these tumultuous times of unforeseen financial challenges, we hope that a place remains for so many talented Judges.  It is these Judges who have given their careers to serving the public and providing even-handed justice. Now more than ever we need their time tested experience to guide us through these difficult times and put us back on the right path ensuring justice for all.

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small rare earth magnetsA few months ago, a 9 year old girl was rushed to a New York ER after she swallowed dangerous high-powered tiny magnets that got stuck in her stomach. Doctors had to effectuate an emergency endoscopy on the little girl to remove the magnets.  In another case, a Long Island doctor had to remove tiny magnets that ended up on each side of the lingual frenum, the fleshy part of tissues under the tongue, of a patient. The patient had to be sedated so the doctor could pull the whole tongue out to remove the magnets. Doctors are also seeing multiple cases of children having their ears, noses and genitalia  pinched by the magnets. Cases of young children swallowing the magnets and suffering major injuries such as perforated intestines and bowels after they got stuck in their internal organs are also on the rise.

The small rare-earth magnets were recalled and banned from the American market by the US Consumer Safety Commission in 2012. However, Zen, a magnet manufacturer based in  Denver fought back and engaged in a legal marathon with  the CPSC that has so far allowed the tiny magnets to stay on the market.

In a recent study published in the Journal of Pediatric Gastroenterology and Nutrition and entitled “Magnet Ingestions in Children Presenting to Emergency Departments in the United States

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Brookklyn bridge bike lane and pedestrian lane are too narrowA recent collision between a wedding photographer and a cyclist on the iconic Brooklyn Bridge (see video below) is probably a perfect example as to why the Brooklyn Bridge is the only bridge between Brooklyn and Manhattan that saw a decrease in bicycle traffic since the beginning of the pandemic.  Thankfully both the photographer and the cyclist were ok but it could have been much worse.

Cyclists who are commuting on a regular basis between the two boroughs don’t want to have to fight their way among pedestrians enjoying the space and risk getting injured in a bicycle accident. Therefore they are opting for roads that are less touristy such as the Manhattan bridge or the Williamsburg bridge for those who are commuting between downtown Manhattan and Dumbo or Williamsburg.

The Brooklyn Bridge is the only bridge between Manhattan and Brooklyn that recorded a decrease in bike traffic in September

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teen driverThis week is National Teen Driver Safety Week. For the 13th consecutive year, the National Highway Traffic Administration is organizing a one week campaign to raise awareness  and seek solutions to prevent and reduce teen drivers fatalities and injuries.

Car accidents are the leading cause of fatality for teenagers in New York and in the US

In New York State, every day, 10 people are injured or killed in an accident caused by a teen driver.  Unsafe speed accounts for 21% of these accidents, driver inexperience for 8%, failure to yield right of way for 6%, driver distraction for 4% and alcohol for 1%.  Male teen drivers have a higher risk of causing an accident than female teen drivers. Drivers with only a few months of experience driving alone are also at high risk of causing a crash as well as teen driver driving with other teens on board. In New York State, teen drivers are at fault in almost 80% of the car crashes resulting in incapacitating and fatal injuries.

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Leaves-in-the-yard-scaledAt each season change, doctors and ERs are seeing a change in the type of injuries and illness they are treating.  Some of the most common injuries suffered by people in New York State during the fall are back strains and sprains related to raking leaves and other gardening activities.

As simple and easy as it might seem raking leaves is sending hundreds of people to the emergency room every year. The repetitive movements and the twisting as well as the lifting and reaching are causing over 28,000 people in the US each year to suffer from back, neck and shoulder injuries.

However if effectuated proprely raking leaves is considered a moderate physical activity that can help you build upper body strength as well as strength in your back and stomach and get you plenty of fresh air.  Here are a few elements that you should consider to avoid getting injured or sick:

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A moped rider and 2 pedestrians were struck by cars in New York City in less than 24h.

In the first accident a driver hit a 94 year old man in a motorized wheelchair. The accident occurred yesterday afternoon on the Upper East Side of Manhattan. The elderly man was crossing 5th Ave at the intersection of 95th street. He was in the crosswalk when a 32 year old driver struck him. The victim was critically injured and was rushed to the hospital. He is now in stable condition according to the NY Daily News.   The driver stayed at the scene of the accident and wasn’t charged as police indicated that it was not clear who had the right of way.

https://www.youtube.com/watch?v=F6In0OUvQm8

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While injuries declined, a surge in New York traffic fatalities for all categories of road users – pedestrians, cyclists, motorists and passengers – was recorded during the third trimester of 2020 compared to the same period of previous years.  77 people died in motor vehicle accidents this summer compared to respectively, 56, 59, 65, 61, 60, 76 and 82 in 2019, 2018, 2017, 2016, 2015, 2014 and 2013. This recent data brings the number of traffic fatalities in the city to its highest since the beginning of Vision Zero and very close to pre-Vision Zero levels. The rising number of traffic deaths occurred in a city that had far less people living in it than usual as many New Yorkers took off for the summer and most foreign tourists were unable to enter the US because of the Covid-19 restrictions. Speeding is  a factor in many of these fatalities. Street safety advocates are also pointing the finger at Mayor de Blasio who decline to listen and apply the recommendations of his COVID-19 transportation recovery panel.

Traffic fatalities NYC third quarter 2020
The number of motorist deaths was at its highest since the beginning of Vision Zero in 2014. 31 motorists died in New York City during the third quarter of 2020 compared to respectively, 21, 26, 22, 13, 16, 21 and 36 during the third quarter of 2019, 2018, 2017, 2016, 2015, 2014 and 2013.  Motorist fatalities which were still on a declining trend during the third quarter of 2019 are now on a perfectly flat trend.

Motorist Deaths NYC Third Quarter 2020
Despite more than doubling – from 4 to 9 – between the third quarter of 2019 and the third quarter of 2020, the number of passenger deaths recorded during the third quarter of 2020 remains on a slightly declining trend when looking at the entire Vision Zero period.

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