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 NY

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OSHA logoA NY roofing contractor, Elite Roofing Services Inc., has been subjected to the second-highest OSHA fine in the fourth quarter of 2023, amounting to $522,527.

This substantial fine was levied following an accident at a Glen Cove, New York, jobsite, where a worker’s fatal fall could have been prevented with the proper implementation of fall protection measures, such as guardrails, safety nets, or personal fall arrest systems. The tragedy brings to the forefront the grave consequences of neglecting safety protocols and the imperative need for vigilance and compliance to prevent such incidents.

OSHA’s findings revealed that Elite Roofing Services Inc. did not furnish its workers with the necessary fall protections while they were installing a metal deck on a flat roof, leading to a worker plummeting 20 feet to a concrete floor below. This incident resulted in the issuance of six willful violations by OSHA, each corresponding to a worker exposed to fall hazards, and one serious violation for failing to train workers on proper fall protection techniques.

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Car Accident NYAs car accident lawyers, the recent report by AAA Northeast highlighting the alarming increase in fatal crashes involving senior drivers in New York State is both concerning and a call to action. The findings, which show the highest number since 2013, point towards a critical need for addressing the unique challenges faced by older drivers on the road.

The AAA Northeast report reveals a troubling trend: 214 fatal crashes in New York last year involved drivers aged 65 and older. This statistic is not just a number; it represents lives lost and families forever changed.

The report cites failure to yield, improper lane changes, unsafe speed, and distracted driving as primary contributors to these tragic accidents. These factors are not exclusive to senior drivers, but they can have more severe consequences for this age group due to factors like slower reaction times and physical frailty.

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Imagine the unthinkable pain of losing a child in a tragic school bus accident, only to later discover that the school had chosen a bus company listed as “unacceptable” by state authorities. The shock, anger, and heartbreak that follow such a revelation are unimaginable. In the wake of the recent Orange County, New York bus crash involving Regency Transportation, grieving parents are left grappling with this devastating truth, questioning the choices made by the educational institutions responsible for their children’s safety.

Bus operators on the state’s list of unacceptable operators may still continue to operate, but they face heightened scrutiny and more rigorous inspections from state authorities. This added level of oversight is designed to ensure the safety of passengers and prevent further accidents. The bus involved in the tragic crash had recently been acquired by Regency Transportation in the summer. Surprisingly, the New York Department of Transportation had already inspected it twice before the accident occurred. Both inspections resulted in a passing grade, indicating that the bus met the necessary safety standards. However, this does not tell the whole story.

History of Failed Inspections

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accident sceneA bus carrying 40 students from Farmingdale High School and four adults tumbled down a 50-foot ravine on Interstate 84 in Orange County, New York. The accident resulted in the tragic deaths of Gina Pellettiere, 43, and Beatrice Ferrari, 77. Additionally, several students sustained serious injuries, with five in critical condition. More than 40 individuals were injured in total.

Preliminary information suggests that a failure of a front tire may have contributed to the accident. However, a comprehensive investigation is underway to determine the exact causes and identify potential liabilities. In cases like this, multiple parties may be held responsible, including the bus company, the driver, and even the tire manufacturer if a defective tire is found to be a contributing factor.

How Can a Bus Accident Lawyer Help?

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accident sceneCar accidents can be devastating under any circumstances, but when they result from a wrong-way driver on a busy expressway, the consequences can be catastrophic. The recent crash on the Long Island Expressway (LIE) involving a pickup truck driver going the wrong way highlights the urgency of understanding the legal implications and consequences associated with such accidents.

Early Thursday morning, Thomas Raimondo, aged 61, was driving his 2013 Chevrolet Silverado in the wrong direction on the westbound lanes of the expressway. Raimondo’s reckless decision led to a devastating head-on collision with a 2005 Acura sedan driven by 32-year-old Jose Ferreira. The accident occurred between Exits 62 and 63 in Holtsville, Suffolk County, leaving both drivers dead.

Legal Implication of Wrong-Way Crashes

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Factors in New York construction worker deaths in 2021Construction sites are inherently dangerous, and falls are one of the leading causes of death and injury in the industry. That’s why it is essential for construction companies to provide their workers with fall protection equipment and follow the safety standards set by the Occupational Safety and Health Administration (OSHA). Unfortunately, some companies prioritize profits over their safety, and the consequences can be deadly.

A recent case in point is the ALJ Home Improvement Inc. of Nanuet, New York. Despite being cited for 33 violations in seven federal workplace safety inspections in the last four years, including nine willful failures to provide required fall protection, the company was again found to be exposing its workers to potentially lethal harm just six months after an unprotected employee’s fatal fall. This time, an inspector with OSHA observed three employees on a roof 18 feet above the ground without required fall protection.

ALJ Home Improvement’s callous disregard for the law and the safety of its workers is unacceptable. OSHA Area Director Lisa Levy, stated that “the company repeatedly refuses to comply with OSHA standards and make worker safety a priority, choosing instead to put profit over the lives of its employees. The reality is that a safe workplace is actually a more profitable workplace.”

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After a dip in 2020, construction accident deaths in New York State and New York City were on the rise again in 2021 according to the recently released “Deadly Skyline” report.  “Deadly Skyline” is an annual report released by the New York Committee for Occupational Safety and Health (NYCOSH). NYCOSH uses the most recent available data from the United States Department of Labor’s Bureau of Labor Statistics (DOL BLS) to compile an annual report on construction accident deaths in New York City and New York State.

A total of 61 hard hats died in NY State in 2021 compared to respectively 71, 69, 58, 55 and 41 in 2016, 2017, 2018, 2019 and 2020. Since 2016, during which a record number of construction workers died in NYS, the number of fatalities gradually declined to reach its lowest since 2013. While the slowdown in construction activity due to the Covid19 lockdown was a factor in the 2020 dip, the number of fatalities reported in 2021 jumped above the number of fatalities reported in 2019 and 2018.

fatalities in construction NY State 2021
Among the 61 construction workers who died in NY State,  20 of them died while working on a construction site in NYC. Construction workers fatalities also increased in 2021 in NYC compared to 2020 but remain lower or equal to the number of fatalities reported annually between 2013 and 2019 in the city. With the exception of 2020, construction fatalities in NYC never went below 20 since 2012 ands the only time they went down to 20 was in 2017.

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OSHA picture of the fatal construction accidentThe negligence of a contractor caused the death of a construction worker in Poughkeepsie in 2017. Maximiliano Saban died and another of his colleague suffered personal injury after a wall collapsed on them.

The wall collapsed because the contractor, Finbar O-Neil who owns OneKey LLC, did not follow OSHA safety rules. O-Neil had to implement a soil compacting plan involving piling large quantities of dirt called surcharges on top of the construction sites of 3 buildings. An engineering company prepared the plan on how to use the  surcharges. However to gain time, O-Neil decided that, instead of following the plan, he would build a wall that would retain one of the surcharges so that workers could start to work on the building next to it. He made the decision on his own without consulting with engineers to know if the wall would sustain the surcharges.

On the day of the accident, some construction workers complained that construction machines were on the top of the surcharges adding dirt to it. Later on during the day, Maximiliano and a colleague were working next to the wall when it collapsed. They both ran away but Maximiliano was unable to escape.

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Granny road where the deadly crash occurredPolice are looking for a hit and run driver who struck two siblings, killing one and injuring the other in a car accident in Coram, NY. 

The crash occurred last Wednesday night around 7:30 pm on Granny Road near the intersection of Middle Island Road. Tyler Philips and Krystal Randolph, both 13 year old, were walking back home from the park. They were heading west in the bike lane when a motorist travelling in the same direction hit them. The car driver never stopped. The teenagers were walking in the bike lane because there were no sidewalks.

“Tyler is a hero” said his grieving mom

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construction workers moving equipment are at risk of struck by accidentsCarlos’Law, a bill named after Carlos Moncayo, an undocumented and nonunion construction worker who was 22 year old when he was fatally crushed by a collapsing wall  on a Manhattan construction site, is on the desk of NY Governor Hochul. The bill that passed the State legislature earlier in June proposes to significantly raise fines for contractors and their agents who have been criminally charged after a serious in jury or death occurred at their construction site. Fines for misdemeanor would be raised to $300,000 and fines for a felony in criminal cases related to the death of a construction worker would be raised to $500,000 instead of the actual $10,000.

The actual NY state-imposed limit on corporate penalties of $10,000 is “Monopoly money”

Construction companies are rarely criminally charged in New York. Since The Occupational Safety and Health Act of 1970 was signed by President Nixon, out of 400,000 hard hat fatalities, 80 of them were prosecuted and around 12 only resulted in criminal charges.  Harco Construction, the general contractor for the site where Carlos Moncayo died was one of them (see previous posts). The contractor was sentenced to pay $10,000 (the maximum fine on corporate penalties in NY State) after being found guilty of reckless endangerment, criminally negligent homicide and manslaughter. At the time Cyrus R. Vance Jr who was the District Attorney called the fine “Monopoly money”.

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