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 wrongful death

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NYCOSH logo236 workers, many of them construction workers died on the job in New York in 2015, according to the most recent numbers from the Bureau of Labor Statistics (BLS). As recent Congressional actions have been pushing for the deregulation of workers safety rules, these disturbing statistics may even get worse.

In an effort to fight back, the New York Committee for Occupational Safety and Health (NYCOSH) recently announced that it has joined a national campaign for workplace safety. Entitled “Protecting Workers’Lives & Limbs” the campaign launched by the National Council for Occupational Safety and Health has already rallied 92 groups across the country.

The goals of the campaign are to make sure that workers health and safety stay a priority and to insure that all workers are protected including illegal immigrant workers. The campaign will work on eliminating disparities, reduce the use of toxic chemicals at work, make sure workers have access to quality medical treatments and fair wage replacement benefits. It will also focus on getting a better count of injuries and illnesses on the workplace as many workers still fear retaliation from employers if they report their injuries.  The complete campaign agenda can be downloaded here.

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hoverboardA 3 year old girl died from her injury after a hoverboard explosion caused a major fire in her apartment in Harrisburg, PA, last Friday night. The hoverboard battery was charging at the time of the explosion.  The girl fell from the second story of her home as she was trying to escape the blaze that was ravaging her apartment. Her two sisters suffered critical burn injuries and her dad as well as a teenage boy who was in the house at the time of the accident, were treated for smoke inhalation. Dennis Voe, a 21 year old  firefighter who was en route to the fire was struck by a car and died from his injury as well.

It is the first time that a hoverboard explosion is directly linked to a fatality. The accident prompted a federal investigation. Previously the US Consumer Product Safety Commission (CPSC) investigated multiple cases of burn injuries related to defective hoverboards. So far investigations have led to the recall of approximately half a million hoverboards with defective battery packs. At least 8 models manufactured in China with defective lithium battery packs were part of the defective models recalled. Despite the many fires and injuries caused by exploding hoverboards many families still buy them and use them.

If you or your children own one of them, you can check the list of the hoverboards recalled by CPSC. However, please remember that owning a hoverboard that is not on the list is not a guarantee that the battery may not be prone to fire hazard.  Do not charge your hoverboard at night when you sleep but during the day in a location where you can keep an eye on it and where there is an extinguisher nearby.

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Falls_Are_Leading_Cause_of_Death_Map_InfographicEvery year more than 200 construction workers die and around 10,000 are seriously injured after falling on the job in the US. Falls are the number one cause of death in construction accidents. Most of them are preventable. Planning ahead, using proper equipment and being trained for the job are key to prevent falls from scaffolds, roofs or ladders.

For the fourth consecutive year, the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the Center for Construction Research and Training (CPWR) and the National Occupational Research Agenda (NORA) Construction Sector Council are joining forces to organize the fourth National Safety Stand-Down to Prevent Falls in Construction.

This awareness campaign will take place all over the Country from May 8th to May 12th. Construction companies as well as contractors and their employees are invited to halt regular activities and organize a workshop to develop awareness on safety measures to prevent falls on construction sites. 

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Daniel+Pollack-1When a vulnerable individual is injured or dies because of negligent supervision the term “line of sight” is often used. In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City, looks at the meaning of “line of sight”.

If an individual requires continuous line of sight supervision, what does it mean exactly? Does it mean that a supervisor must constantly have his or her eyes on the individual? Does it mean that a person must have an unobstructed  view of the room where the individual is? Daniel Pollack relied on his previous experience as an attorney for the Ohio Department of Youth Services to explain that the interpretation of “line of sight” varies depending on cases.

The complete article can be downloaded here

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OImage result for hoboken train terminalne person died and around 100 were injured in a train crash in Hoboken, just across the Hudson River from New York City. The train entered the terminal at high speed, crashed into the barriers and jumped onto the platform. The accident occurred yesterday morning during rush hour. Thousands of commuters were crowding the station. The impact was so strong that the concourse inside the terminal was torn apart. The ceiling fell onto the locomotive.

34 year old Fabiola Bittar de Kroon had just dropped her 18 month old child at a day care center and was waiting at the terminal to catch a train. During the accident, she was fatally hit by debris. A little more than 100 people were also injured by flying debris. More than 70 of them had to be transported to the hospital to be treated.  The young woman who was killed was a Brazilian lawyer. She had just moved to the United States a year ago to be with her husband, a businessman who had recently been relocated to New York by his company. De Kroon’s husband, Dann,  was in Pennsylvania for his work when the accident happened. He rushed back to the city to pick up his daughter at the day care center. He was clearly distraught. He asked the owner of the center  “How do you tell an 18-month-old that her mother is gone?”

The terminal was closed to the public Today as federal investors are inspecting the site of the train accident. The National Transportation Safety Board is turning its attention to the train engineere, Thomas Gallager, to better understand what he was doing during the crash.  Gallager who was rescued from his crumbled cabin, is fully cooperating. Gallager has been a train engineer for 29 years. According to his neighbor, Gallager wanted to be a train engineer since he was a kid and was enthusiastic about how much he loved his job.

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An estimated 438 people will die and 50,300 will be seriously injured in a motor vehicle accident this Labor Day Holiday. These estimates were released recently by the National Safety Council and cover the period beginning Today at 6:00 pm and ending Monday at 11:59 pm. The estimated number of traffic fatalities is 18% higher than the average number of fatalities for the last six previous Labor Day Periods.  It would also be the highest total number of fatalities for the holiday period since 2008 when the National Safety Council started keeping these statistics.

The National Safety Council also estimated that 170 of these 438 estimated traffic fatalities could be avoided if the front seat passenger wears a seat belt. Another estimated 104 deaths could be prevented if all wear seat belts.

Traffic Fatality Labor Day

Data Source: National Safety Council

 

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An eight year old boy died from his injuries after  accidentally drowning in the swimming pool of a cruise ship  that had just left New  York and was heading to the  Caribbeans.  Prince Andepoju from Maryland,  was a passenger abroad the Royal Caribbean’s Anthem of the Seas that had just left  the city on June 30. The cruise ship was on the New Jersey coast when the young boy was found in the pool. He was alive but was critically injured. He was transported to Staten Island University hospital where he died on July 2nd.  The boy was struggling in the pool for 8 to 10 minutes until someone found him.  According to the city Medical Examiner, he  died from accidental  drowning. Seizure disorders were also a contributing factor in the death of the young boy, the Medical Examiner added.

Read more in the NY Daily News

 

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Underride truck accidentUnderride truck accidents are among the most horrific traffic accidents.  They usually involved a car sliding under a truck, most often a tractor trailer truck.  These accidents are often deadly and gruesome. In many cases, pieces of metal from the truck intrude into the vehicle causing passengers severe  head trauma or decapitation.

Regulations requiring rear impact guards on most large trucks exist but they are 20 years old and in need of a serious upgrade.  Therefore a few months ago the National Highway Traffic Safety Administration  (NHTSA) proposed a new rule to update the Federal motor vehicle safety standards that address rear underride protection in crashes into trailers and semitrailers.

The NTHSA proposal requires that the impact guard be strengthened so that it doesn’t deform if a car crashes into it at a speed of 35 mph. This is basically the equivalent of the actual Canadian standards which are themselves 10 years old. 90%  of American trucks already conform to these standards. Many of them even have protective equipment that is superior to the Canadian standards. Therefore the NHTSA proposal seems obsolete before even being launched and it will not do much to reduce the actual number of deaths and injuries related to underride truck accidents.

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Too many workers especially in the construction industry are still being injured or killed at the work place because their boss ignores safety rules. When such tragedy happens we call it an accident. However when a boss ignores safety rules and an employee is being injured or killed because of it, shouldn’t the boss be criminally prosecuted? When a construction worker dies in a trench collapse because the developer or the contractor ignored safety rules isn’t it a crime?

In a recent article in Fair Warning Rena Steinzor,  a Law Professor at the University of Maryland and a Member Scholar at the Center for Progressive Reform and Katherine Tracy a Policy Analyst at the Center for Progressive Reform are advocating for the criminal prosecution of CEOs who are putting profit ahead of safety and treat employees injuries and deaths as a cost of doing business.

Read the complete article here.

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jbbr
Our law firm is pleased to announce that our attorneys Jeffrey Bloom and Ben Rubinowitz were successful in resolving the Joan Rivers Medical Malpractice case on behalf of her family. The amount is confidential.

Here is the statement from Melissa Rivers in regards to this settlement:

“In accepting this settlement, I am able to put the legal aspects of my mother’s death behind me and ensure that those culpable for her death have accepted responsibility for their actions quickly and without equivocation.  Moving forward, my focus will be to ensure that no one ever has to go through what my mother, Cooper and I went through and I will work towards ensuring higher safety standards in out-patient surgical clinics. I want to express my personal gratitude to my legal team for their wise counsel and prompt resolution of this case. ”

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