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 Tagged with personal injury

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infant car seatTo protect children from serious head, neck and spinal injuries during a car crash, the NY Child Safety Seat Law requires that parents use a rear-facing car seat for all children younger than 2 year old.
Tests have demonstrated that infants have a head that is heavy compared to the rest of their body and that if they were sitting in a forward facing seat during a collision, they would be thrown forward and as a result suffer more serious injury.

While most parents do respect the law and install car seats for their little ones, previous research from the National Highway Traffic Safety Administration indicates that almost 60% of child seats are not installed properly

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Construction-workers-injuries-preventionSafety on construction sites is not only about preventing accidents but also about keeping construction workers healthy and preventing injuries.

Because of the nature of the tasks they perform on a daily basis, construction workers are at a high risk of developing work-related muskuloskeletal disorders (WMSDs) also known as soft tissues injuries.

Keeping  a worker free from injuries is a win win situation for both the employer and the worker

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ProfessorDanielPollackUsing seclusion and restraints on children can result in injury and liability, however in some last resort cases seclusion and restraint might be necessary to protect children or others.

There is too little information available as how frequently the use of seclusion or restraint occur in out-of-home care settings such as foster parents or day care settings.  In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in  New York City explains why more research is needed to evaluate these type of cases.

A PDF of the entire article can be downloaded here

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skull-breaker-challenge-victimSeveral children and teenagers recently suffered serious personal injury after they were pranked by others in a new disturbing challenge on the popular app Tik Tok called “The skull breaker challenge”.  The prank requires two people to ask a third person to stand in line with them and take turns jumping. The person pranked is placed in the middle and when she or he jumps the two others kick their feet out from under making the person in the middle fall backward.  A 12 year old kid in Alabama ended up at the hospital with a broken wrist. Another 16 year old girl in Miami was also hurt in the same prank after she was told by other kids that they were shooting a video for a school project. A 13 year old  boy in New Jersey suffered a concussion followed by a seizure. His mother said that she arrived at the school 20 minutes after the accident and found her son unresponsive while the school was waiting for an ambulance.

SERIOUS INJURIES AND DEATH

Falling backward can not only result in serious injury but can also be deadly. Severe injuries of the neck and head can occur when falling backward. Bruises, hematoma, skull fracture, neck fracture and concussion are the most common injuries suffered in these type of accidents. Internal bleeding, loss of consciousness, paralysis and death can also occur in the worst cases.

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train-accident-prevention
Did you know that 95% of fatal train accidents were caused by vehicles at train crossings and pedestrians on tracks? Every 3 hours in the US someone is hit by a train. Most of these accidents are preventable.

According to preliminary Federal Rail Road Administration Statistics, 262 people died and 871 were injured in 2,296 collisions with trains in 2018 in the US. 2,217 collisions occurred at highway-rail grade crossings. Pedestrian rail trespassing resulted in 1015 causalities (fatalities and injuries).  California and Texas have the most accidents  for both highway-rail grade crossings and trespassing.  New York ranked number 4 of  all states with the most pedestrian trespassing causalities. 36 people died and 13 were injured while trespassing on New York railroads in 2018.

Tips for New York Pedestrians to stay safe near railroads

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NYC construction workersConstruction workers and extraction workers not only have a high risk of getting injured on the job but also they are the most at risk of getting addicted to drugs such as non prescription opioid, cocaine and marijuana according to a recent study published by NYU. The study looked at 290,000 workers belonging to 13 different industries and found out that 3.4% of construction workers were misusing painkillers compared to a 2% average for the rest of the professions.

The study confirms that the opiate crisis is a major problem in the construction industry but also found that construction workers were also consuming more marijuana and cocaine than other workers. The study links the increased risk of addictions to all 3 substances to the precarious condition of employment sustained by construction workers and found that absenteeism is a trigger  for increased used of all 3 drugs. The study also found that  employers with written drug policies  have less workers dealing with cocaine addiction and employers using drug testing had less workers using marijuana.

Drug addiction treatments not proposed by employers

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Halloween-InjuriesAlmost 5000 people suffer Halloween related personal injuries every year in the US. So be careful and don’t be one of them! Almost half of the injuries were related to pumpkin carving activities. More than a quarter of them were falls. Burns are common and allergic reactions also send a few people to the emergency room every year.

Preventing injuries while carving pumpkins

Carving monsters in pumpkins can result in real blood. Adults should always be present during this activity. A good way to avoid injuries is to share responsibilities. Children will  draw the design with a marker and use a spoon to scoop the inside while adults will be in charge of the carving itself. Using a battery operated light inside the jack-o-lantern instead of candles will prevent fire accidents.

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Construction_WorkersMuskuloskeletal Disorders or MSDs are soft tissue injuries that affect many construction workers. Globally MSDs are the largest category of workplace injuries and account for 30% of all US worker’s compensation costs. MSDs affect all the parts of the body that are responsible for movements such as the muscles, the tendons, the nerves, the ligaments, the disks or the blood vessels. They are the result of sudden or repetitive motions, forces or awkward positions.

Due to the nature of their activity, construction workers are among the workers who are the most at risk of suffering from MSDs with the most common cause being overexertion from activities such as pushing, pulling, holding carrying and catching as well as lifting and lowering. In its quarterly report the Center for Construction Research and Training provides an in-depth analysis of  MSDs in the American construction industry.

In 2017, 19,690 WMSDs injuries resulted in days away from  work in the construction industry with the most common injuries being sprains, strains and tears. Back injuries were the most predominant, followed by lower and upper extremities. Age is a main factor in muskuloskeletal disorders and the older a construction worker is the higher the risk is that he might suffer from WMSDs resulting in days away from work.

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Riding-mower-WikipediaAn alarming number of very young children have been seriously injured and some of them even died after someone, often a parent or a family member backed over them while riding a mower.  Most common injuries reported are amputations of hands, fingers, legs feet toes and limbs as well as mangled and ripped internal organs. In a recent article, Fair Warning, found 133 cases in court records since 2004 until now. Among them 8 of the victims died from their injuries. Another study in the American Journal of Emergency Medicine found that there was an average of 65 children injured every year in the US by riding mowers back-overs.

In the 1980ies after an epidemic of injuries related to walk-behind power mowers, The Consumer Product Safety Commission implemented mandatory safety standards for mowers but riding mowers were excluded from them. Some manufacturers propose riding mowers that can mow in reverse. These type of mowers are the most dangerous to young children. In 2003 after a rise of accidents a voluntary standard was adopted by lawn mower manufacturers. The standard requires that the blade immediately stops to spin when the mower riders back up. However the standard also allowed manufacturers to install a button that allows the driver to override the feature. Manufacturers are claiming that they installed the button at the request of their consumers who want more flexibility but safety advocates reply that the button is a good excuse for manufacturers to protect themselves from lawsuits.  However this excuse didn’t always work for the manufacturer Deere & Co. In a recent lawsuit involving a 2 year old girl whose leg was amputated after her dad backed over her while riding a Deere mower, the jury found that the mower was defective and awarded the victim $12.25 million. The jury found that Deere was responsible for 78% of the damages and put the rest of the blame on the father.

Read more in Fair Warning

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crying babyChildren and adolescents are prone to traumatic brain injuries (TBI). Among the 1.7 million patients diagnosed every year with TBI in the US, 700,000 are children below 19 year old. A recent study by Bina Ali, Bruce A Lawreence, Ted Miller from the Pacific Institute for Research and Evaluation and Jennifer Allision from Health Imperative in Brockton, MA that was recently published in the Official Research Journal of the International Brain Injury Association (IBIA) investigate leading consumer products and activities that can cause children and adolescents to suffer traumatic brain injury.

By analyzing data from from the National Electronic Injury Surveillance System from 2010 to 2013, the searchers found that home furnishings and fixtures as well as sports and recreation products were the products most commonly associated with accidents causing TBI. Beds, stairs, floors and footballs are among the most dangerous products for children and teenager.

Toddlers and older teens most at risk of a TBI

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