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Articles Posted in Wrongful Death

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Wrongful Death – Drowning in backyard pools is a leading cause of death and injury among very young children and minority children

The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report indicate that 75% of victims of drowning in a pool or spa are younger than 5 years old. Government data also show that the majority of African American and Hispanic children between 5 and 14 years…

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Diagnostic Error – medical malpractice that can be life-threatening or result in death or permanent disability.

Diagnostic errors are not a new problem, in 1991 the Harvard medical Practice Study, investigated Medical Malpractice in New York Hospitals and found out that diagnostic errors were accounting for 14% of physicians errors and that 75% of them were due to doctors negligence. In 1999 a study from the…

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Product Liability – Improved Stroller Safety Standards Will Help Prevent Death and Injury To Young Children

After 4 children died and 360 suffered injury in 1200 strollers incidents that occurred from 2008 through 2012, the U.S. Consumer Product Safety Commission recently proposed a federal safety standard for strollers. The report of incidents would scare any mother or caregiver. In one of the fatal accidents the head…

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Wrongful Death – Increase of fatal injuries among temporary workers during first days of work

Temporary workers have a high risk of suffering fatal injury on their first days of work because they are untrained and not aware of hazards specific to the workplace. Often employers failed to provide safety training to temporary workers or, if some instruction was given, it inadequately addressed the hazard,…

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Construction Accidents: Power-line installers, Iron Workers and Roofers have the highest risk of fatal accidents among construction workers

A new version of the Construction Chart Book: The U.S. Construction Industry and its workers was recently released by the Center for Construction Research and Training. Here are some of the most interesting findings and graphs related to Fatal and Nonfatal Injuries: – Electrical Power-Line installers are the most at…

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New York area hospitals are among the worst in the nation when it comes to safety

A recent study on safety in hospitals conducted by Consumer Reports shows that hospitals are not a safe place to be. For this study Consumer Reports magazine ranked more than 2000 hospitals based on the following criteria: -Infections aquired in hospitals -likelyhood to be re-admitted in 30 days -communication issues…

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Fatal Occupational Injuries sligthly decreased in 2011

The Bureau of Labor Statistics recently published the initial release of the Census of Fatal Occupational Injuries.Here is a summary of their findings: The 2011 preliminary total of 4,609 fatal work injuries represents a slight decrease from the final count of 4,690 fatal work injuries reported for 2010 The preliminary…

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DAMAGES FOR LOSS OF LIFE IN A NEW YORK WRONGFUL DEATH ACTION FOR VIOLATION OF CIVIL RIGHTS BROUGHT PURSUANT TO 42 U.S.C. §1983

By Anthony Gair; Resolution of whether a plaintiff has a viable action pursuant to 42 U.S.C. §1983 turns on whether the applicable state statute is inconsistent with the Constitution and laws of the United States; Robinson v. Wegman, 436 U.S. 584, 98 S. Ct. 1991 (1978) citing 42 U.S.C. §1988.…

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Lawsuit filed in New York construction accident death

The family of Javier Salinas — the 36-year-old construction worker from Danbury, Connecticut who in October fell more than 50 feet to his death at the Chelsea Piers construction site in New York City — is suing his former employer, the worksite general contractors and the owners of the property…

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