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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treadmill can be dangerousThe company Peloton just announced that a child died in an accident that involves one of their “Tread+” treadmills and issued a safety warning asking Peloton users to keep children under 16 year old and pets away from their equipment.  Peloton and other at home gym equipment companies have seen their sales rocketing over the last year with more and more consumers preferring working out at home instead of at the gym during the covid19 crisis.

While the Peloton CEO did not release the circumstances of the accident citing family privacy,  earlier this year, in February, another child sustained serious brain injury after he was trapped under a Peloton Tread+ Machine. According to an incident report filed with the US Consumer Product Safety Commission, a 3 year old boy was found by his dad  under the Treadmill, not breathing and pulseless. The boy had tread marks on his back matching the machine as well as neck and face injuries. He was resuscitated but sustained serious brain injuries.  In the below video (at 0.51 seconds) a mom  shows how easily a medicine ball gets stuck under the treadmill as she is working out. The USCPSC has now started an investigation related to the accident that lead to the death of a child.

Treadmills can be dangerous

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Hard-Rock-Hotel-construction-accident-e1582228604154The construction industry saw a period of growth during the last decade and with more workers employed, the number of hard hat injuries and deaths also increased.

The Center for Construction Research and Training (CPWR) recently published a study looking at construction worker fatal injuries from 2011 to 2019. They found that while the number of workers employed in the industry grew by more than 25%  between 2011 and 2019, the number of fatal injuries recorded a 41.1% increase. While looking at ethnicity, Hispanic workers were the most commonly hired workers and their employment rate grew by 55% during the period under review. They also recorded a jump in 89.8% in job fatalities.

While looking at construction workers ‘age, the middle age workers category (45 to 64 year old) recorded the highest number of deaths, however while looking at the rate of fatalities, workers over 65 years old were the most at risk of dying on the job with a rate of 22 deaths per 100,000 Full time workers (FTWs), compared to 9.6 per 100,000 FTWs for workers under 55 years old.

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Work-Zone-Stand-Down-Announcement-FlyerThe number one cause of injuries among construction workers are “struck-by” accidents. Struck by a flying, falling, swinging or rolling objects are the 4 most common “struck-by” accidents causing injuries to construction workers. To raise awareness and reduce these types of accidents, the NORA Construction Sector Council along with the Center for Construction Research and Training (CPWR) is organizing, on April 20, a National Stand-Down to Prevent Struck-by Injuries”.

Participants to the stand down will pause work on April 20 and set aside time time for stand down activities such as virtual or small group Toolbox Talks, look at work zone safety training and review the traffic control plan of the construction site. Sending emails or texting safety reminders as well as putting posters up and holding quiz contests will also help raising awareness.

Organizers can look for ideas and get material to download on the CPWR website such as promotional flyers, various tool box talks in English and in Spanish related to how to operate a vehicle safely in a work zone, how to work safely around vehicles on a construction site, how to make sure cranes are stable and don’t tip and how to prevent objects from falling. Organizers can also download infographics cautioning workers to stay alert, vehicle operators to observe safety rules and contractors to make sure they have a solid internal traffic control plan.

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Teen speeding is a leading cause of fatalitiesSpeeding is the cause of many fatal crashes especially among teenagers. A recent analysis conducted by Richard Retting of Sam Schwartz Consulting for the Governors Highway Safety Associations found that teen drivers and passengers account for a much greater proportion of speeding related fatalities than any other age group.

From 2015 to 2019, 4,930 teen drivers and passengers died in car accidents related to speed. Speed related accidents accounted for 43% of all teen fatal car accidents. As a comparison speed is a factor in 30% of all fatal accidents for people above 20.

Globally, car accidents remain the main cause of fatalities among teens with the 16 year old’s being the most at risk

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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accident scene28,190 people died in car accidents in the US in the first 9 months of 2020 compared to 26,941 during the same period of 2019.  This represents a 4.6% increase in car accidents fatalities in the US while at the same time the umber of miles travelled decreased by 14.5 %.  These numbers are early estimates recently published by the National Highway Traffic Safety Administration.

First a decline during the lockdown and then an explosion of deaths

While looking at each month’s fatalities, data show that during the lock down fatalities declined significantly and then exploded after things gradually reopened. In March 2020 car crash fatalities in the US were down by 7.7%, in April by 19% and in May by 2.7%. Then, in June  2020, crash deaths increased by 16% compared to June 2019, by 13% in July, by 13% in August and by 13% in September.

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Linemen have one of the most dangerous job in the construction industryDerrick workers in oil gas and mining, roofers, ironworkers, crane operators, construction helpers, landscaping supervisors, highway maintenance workers, cement masons, ground maintenance workers, maintenance workers and mining machine operators have some of the highest death rates among all workers. Out of the top 25 most dangerous jobs  in the US, 12 of them are related to the construction industry according to a recent study released by AdvisorSmith.

Derrick operators in the oil gas and mining industry whose job is to operate and maintain the derrick and drill equipment used to extract oil or gas have the third most dangerous activity of all American workers behind logging workers and aircraft pilots and flight engineers. The average yearly salary of a derrick operator is $51,390 and the average fatal injury rate is 46 per 100,000 workers.  20 of them died on the job  in 2018 according to the most recent data of the Bureau of Labor Statistics.

Roofers who average a $42,100 yearly salary come right behind them with a fatal injury rate of 41 per 100,000 workers. 96 of them died in roofing accidents in 2018.

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NYC construction workers1,061 construction workers died on the job in the US in 2019, 5% more than in 2018 according to the annual National Census of Fatal Occupational Injuries report recently released by the US Bureau of Labor Statistics.

The private construction industry remains one of the most dangerous  industries with a fatality rate of 9.7 deaths per 100,000 workers in 2019 compared to 3.5 deaths per 1000.000 average for all industries in 2019. In 2018, the rate of fatality in the private construction industry was 9.5 per 100,000 workers.

Roofers and and construction trade helpers have the highest rate of fatality among  all construction workers

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accident sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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280px-Patient_receiving_dialysis_03The corporate dialysis industry is resorting to unethical tactics and medical malpractice to prevent patients getting the kidney transplant they need to survive and to keep them on dialysis for years. As a result, many patients who had to go to dialysis centers several times a week during the pandemic, caught Covid19 and died. In a recent investigation, ProPublica describes the multiple obstacles that JaMarcus had to go through to be able to get on the list for a kidney transplant before the covid19 pandemic hit and he ultimately died from contracting the virus at a dialysis center.

In the US, two companies, DaVita and and Fresenius, control 70% of the dialysis market

Patients who require dialysis are mostly patients who suffer form diabetes and who develop end stage kidney failure. While many of these patients could be saved by receiving a kidney transplant, two corporate dialysis companies are spending millions in heavy lobbying so they can continue to get multi billion dollar revenues from mostly Medicare patients who are getting dialysis multiple times a week instead of receiving the transplant they need. According to a recent article in Kaiser Health News, over the last 4 years DaVita and Frenesius spent $212 million just in California to influence voters and politicians and fight a ballot initiative that would have capped their profits.

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