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 Posted in Elevator and Escalator

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A man died in an elevator accident last July at the 49ers stadium construction site but OSHA recently concluded that Schindler Elevator Corp., the elevator Construction Company and project’s general contractor, Turner/Devcon, a joint venture between Turner Construction Co. of New York and Devcon Construction Inc. of Milpitas didn’t merit sanctions.

The victim, Donald White, who was 63 year old, had worked all his life in the elevator construction trade. He was hit with an elevator counterweight while on a ladder at the bottom of the shaft at the 49ers stadium construction site in Santa Clara.

Just before the accident happened, White communicated with another co-worker who was operating the elevator and asked him to go up in the elevator to retrieve a tool. As the elevator started to move, for some unexplained reason, White stayed where he was, standing or or sitting on an A-frame ladder in the pit. Nobody witnessed the accident.

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Please note that for those of you handling New York City Elevator Accidents the old system of Local Law 10/81 inspections and two year tests ended on January 1, 2009. The new rule published on April 14, 2010 requires the following inspections and test cycle:

“(5) Inspection and test cycle.

(i) Category 1. Except as otherwise provided by the commissioner, January first through December thirty-first of each year.

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The following basic items should be included in plaintiff’s initial Notice For Discovery and Inspection in an Elevator Accident Case occurring in The City of New York and adapted in other areas of the State. See below.

1. A copy of the contract with (Defendant Elevator Co.) pursuant to which they provided maintenance for the elevators at (Defendant Building Owners).

2. All work records for the subject elevator for a period of five (5) years prior to the accident alleged in the complaint herein.