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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safety stand down constructionFalls in construction are the main cause of construction worker deaths and injuries. In the US, every year  around 200 workers die and 10,000 suffer personal injury after they fell on a construction site.

To prevent and reduce fall accidents, every year since 2012, the Center for Construction Research and Training (CPWR), the Occupational Safety and Health Administration (OSHA) and  the National Institute for Occupational Safety and Health (NIOSH) are joining forces annually for a one week national campaign asking construction workers and their supervisors all over the nation to conduct a stand down focusing on fall prevention.

During a stand down, workers pause work and  participate in discussions or activities related to fall prevention and safety policies

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New York Child sexual abuse lawyer Ben Rubinowitzpeter-blog-headshotHollywood Star Kevin Spacey sexually abused two children when they were only 14 years old. As with most pedophiles, Spacey groomed these children, took advantage of their youth and engaged in abusive sexual acts. Spacey’s conduct was not only improper, but it was a crime. “There is no justification for this conduct. These children were underage and had no ability to consent to Spacey’s sexual advances. Simply put, Spacey engaged in acts of, among other things, rape,” said Ben Rubinowitz who, along with Peter Saghir, has been handling cases of sexual abuse for years. “This action has been brought pursuant to New York’s Child Victims Act, a law that was recently passed allowing victims of sexual abuse to bring civil claims against abusers as well as institutions such as schools, churches and camps.  No matter when the abuse occurred, the law currently allows claims for sexual abuse that were once barred by the statute of limitations to be revived and filed through August 14, 2021,” said Saghir.  A copy of the complaint filed against Spacey can be found here.

Our firm is dedicated to representing victims of sexual abuse

Our goal has always been to make sure that victims of sexual abuse receive the justice to which they are entitled. Children, who are often the targets of sexual predators, are frequently afraid to report the abuse out of embarrassment, humiliation and fear of punishment or retaliation. As a result, these crimes have gone unpunished for years as pedophiles and institutions have been able to hide behind statutes of limitations that prevented lawsuits from being filed. “Now that the law has changed and victims of sexual abuse can bring claims in our civil courts, victims of abuse will finally be able to receive justice,” said Rubinowitz. “Our firm will work tirelessly to make sure victims of sexual abuse receive the justice they have been denied for years.”

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location of the fatal collision between the truck and the cyclistA cyclist was fatally struck by a bus in New York City on Monday. 35 year old Sarah Pitts, was riding her bike on Whythe Avenue in Brooklyn when she was fatally struck by a charter bus belonging to Excellent Bus Service. The accident occurred just after midnight near Williamsburg Street. Sarah was a senior prosecutor for the Office of Brooklyn District Attorney Eric Gonzales, who was hired in 2018 and assigned to the Appeals Bureau. According to friends, the young woman was heading home after a meeting with “Riders for Rights”, a group of cyclists working on protecting protesters’ first-amendment rights.

In a condolences statement, Brooklyn D.A. Gonzales described Sarah as a brilliant and compassionate lawyer as well as a kind and generous worker who volunteered to come in the office for urgent matters during the COVID-19 crisis.

With its entrance to the Brooklyn Queens Expressway, the area around the intersection of Wythe Avenue and Williamsburg Street is particularly dangerous for bicyclists and pedestrians. It is also quite common to see cars or school buses obstructing the bike lane.

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protected bike lane saves livesWhile bicycle accidents injuries in New York City went down by 3.6% during the last 3 months compared to the same period last year, bicycle accident injuries in the Bronx increased by 35 %. Bicyclist activist organization, Transportation Alternatives has been asking the city to install more bike lanes in the Bronx but instead the DOT is planning to use more police enforcement.

At the beginning of the summer the NYPD organized a four-weeks enforcement blitz to tame down speeding and failure to yield at Bronx high crash corridors such as Bruckner Boulevard and is planning to organize another one soon.

However while the blitz was  effective in preventing pedestrian accidents, it didn’t curb the soaring number of bicycle accidents in the Bronx this summer. On June 11th, a 24 year old cyclist died from his injuries  after being hit by a car on on Willis Avenue and E. 138th Street. The same day, a 38 year old cyclist was fatally struck by a truck on Park Avenue near 138th Street. Then, on June 20, a 43 year old man riding a e-bike in Pelham Bay Park died after being struck by a vehicle. Last week a cyclist who was hit by a car near East 175th street on August 5th and fought for his life for almost a month, died from his injuries. As mentioned above the number of bicycle accidents injuries is also soaring in the Bronx and a police blitz will have little effect on changing this dangerous trend. In an article in StreetBlog, Edwin Figueroa, a senior organizer at Transportation Alternatives, is asking for permanent measures allowing cyclists to be safe when commuting in the Bronx. “What cyclists from all over the city, but especially in the Bronx, need from this administration is more protected bike-lane infrastructure. The Bronx needs redesigned streets that are self-enforcing, not streets that are reliant on NYPD enforcement to ensure safeness,” he said.

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Auto Accident NYC Injuries Deaths June 2020During the Covid-19 lock-down, NYC car accident deaths and motorcyclist deaths related to reckless behavior, mostly speeding, increased. City officials were expecting fatalities to go down as the city was getting more active again but statistics show that instead traffic accident fatalities surged after the lock-down.

As a result the DOT announced yesterday that it was lowering the city speed limit from 30 mph to 25 mph on the most dangerous roads of the 5 New York City boroughs on:

  • Riverside  Drive from 165th street to 181st street in Manhattan
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At least 3 teenagers suffered serious injury and were hospitalized and another one died after they participated in  a new challenge on the popular Tik Tok app. The Benadryl challenge  requires participants to take an amount of Benadryl larger that the recommended dosage in order to be able to hallucinate or trip and to post the experience on Tik Tok.

According to Oklahoma’s News 4 Channel, a 15 year old girl died last week after overdosing on Benadryl. It is not sure how many pills of Benadryl the young girl took but teens participating in this dangerous challenge usually take between 10 and 12 pills of Benadryl. This type of dosage is extremely dangerous.It is specially dangerous for the heart which can go out of rhythm and not pump blood effectively. It can cause seizures.

The Tik Tok Benadryl challenge has been on for several months. In May after 3 teenagers were hospitalized in one week at the Cook Children’s Medical Center in Fort Worth, Texas, the hospital issued a warning to all parents about the danger of the Benadryl challenge.  Teens who are participating in the challenge are not of the suicidal type. They just see other teens getting high on Tik Tok and they want to do the same. Videos on TikTok indicate how many milligrams they should take and encourage them to try to see how they feel. Doctors at the Cook’s Children’s Medical Center were showed several videos by their young patients providing step by step instructions on how to take large amounts of Benadryl mixed with an energy drink.

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construction workersTo prevent and reduce construction accidents injuries and deaths in New York City, Local Law 196 requires that most construction workers receive 40 hours of safety training and that their supervisor receive 62 hours of training.  Local Law 196 was passed in 2017 after construction accidents fatalities recorded by the DOB went from 3 in 2013 to 8 in 2014, 12 in 2015, 12 in 2016 and 12 again in 2017. The original deadline for workers to receive their 40 hours of training was September 1 2020 but because much of the “in-person training” was cancelled or postponed because of the covid-19 crisis, the Department of Buildings extended the deadline to March 1 2021. The classes can be taken in person or online.  Online classes are available in multiple languages.

Most construction workers and their supervisors must comply with Local law 196 to be able to work at their construction site

The only construction workers who are exempted from getting safety training are DCA-licensed Home Improvement Contractors and workers at job sites that only involve minor alterations as well as workers building a new 1, 2 or 3-family home. Workers who are not sure if their sites require safety training can consult the interactive site safety construction map.  Personal on these specific sites that do not require safety training are the site owners, the projects managers, the professional engineers, the architects, the developers, the delivery people, the construction managers, the flag persons, the general contractors, the people taking care of the concrete testing, the filing representatives, the security officers, the special inspectors, the service technicians and the consultants. All other construction workers at the sites including demolition workers, construction superintendents, site safety coordinators, site safety managers, forepersons, journey men, employees of DOB licensees or registrants must comply with Local Law 196.  Those who need to take classes can use the DOB”s map of approved course providers or go to the OSHA website to locate a course provider or take an online class.

 

 

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Hunter college where several students were allegedly sexually assaultedA 62 year old lab technician at a New York City High school is accused of forcibly kissing a student and propositioning another one for sex before he resigned last year. Asumana Randolph, who has been working for 26 years at Hunter College High School was recently charged with endangering the welfare of a child, sexual abuse and forcible touching. He pleaded not guilty to all charges and was released without bail. His next court hearing is scheduled for November 24.

According to a recent article in the Patch, Randolph, a lab technician and science club adviser, is accused of kissing a student younger than 17 year old on the mouth on multiple occasions and without her consent during the month of February 2019.  Additionally, in October 2018, Randolph propositioned a 17 year old student for sex while the student was in his office.  He told the student that it was not the first time that he had sex with a student. He said that 10 to 15 years ago, he had a relationship with another student and had sexual intercourse at the student’s apartment and that he was looking for a similar relationship.

Randolph was forced to resign in 2019 after the investigation started however his name was still listed on the school’s website until last Friday when the school removed it.

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construction worker is a police officerHighway construction workers have one of of the highest rate of fatality among all categories of construction workers. Too often, they die in accidents caused by reckless drivers. In New York State,  from May to November, the New York State Police and the New York State Department of Transportation  are joining forces to crack down on reckless drivers in highway construction zone areas. Through “Operation Hard Hat”, any highway construction workers could actually be a State trooper checking on your driving behavior near construction zones and communicating with other state troopers down the road to stop and ticket drivers who do not respect construction workers safety.

State troopers are sometimes taking the role of a flagman or could be seated in a truck checking your speed  or checking if you are using a cellphone

This year so far, according to a recent announcement by governor Cuomo, 37 operations have been conducted on New York State highways resulting in 432 speeding tickets, 112 seat-belts tickets, 192 cell phone tickets, 68 move over tickets, 2 failure to obey flagger tickets, 10 failure to obey traffic control device tickets, 1 DWI violation, 2 unsafe lane change tickets and 403 tickets for other violations. A total of  1,222 tickets were issued so far. Last year, the same campaign from May to November resulted in a total of 1,048 tickets.

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traumatic-brain-injury-picture-1According to a new study on traumatic brain injury, most victims of mild TBI suffer sleep-wake disturbance and fatigue that can last up to one year or more. For most of them, these problems resolve over time but for some, they persist and become chronic. The study was done in Norway by Simen Berg Saksvik, Migle Karaliute, Håvard Kallestad, Turid Follestad, Robert Asarnow, Anne Vik, Asta Kristine Håberg, Toril Skandsen and Alexander Olse. It was published last month in the Journal of Neurotrauma.

The researchers. compared the sleep quality and fatigue of a sample of patients suffering from mild traumatic injury with a sample of patients suffering from orthopedic trauma and with another sample of regular people from the community not suffering any trauma. Every TBI patient was matched with a patient suffering orthopedic trauma of same age, sex and education and a community person of same age and sex.

Each patient with TBI went through a clinical MRI and was subjected to an interview related to injury characteristics, demography and premorbid health problems. The patients then went through another round of interviews and questionnaires 2 weeks, 3 months and 12 months after the date of the injury. Patients with orthopedic trauma were submitted to similar interviews and questionnaires and non-injured matched people from the community took the 2 weeks, 3 months and 12 months interview and questionnaire.

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