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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 Negligence

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Nap%20Manny%20Product%20Defect.jpgNap Nanny and Chill recliners create a substantial product hazard. The products have design defects, as a result of which their use presents a risk of personal injury to infants. Further, the instructions and warnings are inadequate according to the U.S. Consumer Product Safety Commission (CPSC).

The recall is part of settlement of an administrative complaint filed in 2012 by CPSC against Baby Matters LLC of Berwyn, Pa., which sought a recall of of the Nap Nanny and Nap Nanny Chill infant recliners affter the death of five infants. CPSC staff and Baby Matters LLC reached a settlement agreement that includes the recall and ends the legal proceeding against the company.

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Dangerous speeding in the vicinity of New York schools put members of communities at risk of a car accident . Even five miles per hour can make a difference between life and death for a child. To fight this danger, Senator Jeff Klein (D-Bronx/Westchester) has introduced legislation to authorize the use of speed cameras in New York City school zones where dangerous speeding is most prevalent.

After the New York City’s Department of Transportation released a traffic safety reportindicating that 96% of the vehicles were speeding while driving in the PS 81 school district in the Bronx, Senator Klein commissioned a follow-up study at PS 81. Results presented last Friday by Senator Klein and NYC Department of Traffic Commissioner Sadik-Khan confirmed a pattern of dangerous speeding near the Riverdale elementary school.
Speeding%20PS%2081.pngTo fight dangerous speeding in school zones, the Senator and the New York City Traffic Commissioner are both pushing to pass legislation that would authorize speed cameras near NYC public schools.

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one57%20crane-thumb.jpgDuring Hurricane Sandy, a tower crane at One57 construction site snapped backward during the 80-mile-per-hour winds and the 150-foot boom stayed tied to the mast, dangling dangerously nearly 1,000 feet high in the air over midtown Manhattan. The team of inspectors and engineers that responded to this crane accident and helped secure the collapsed boom recently received the Advancing Public Safety Award at the 2013 Commissioner’s Awards for Excellence, the New York City Department of Buildings annual ceremony held at Cooper Union in Manhattan.

After the collapse, Assistant New York City Department of Buildings Commissioner Michael Alacha, P.E., and Acting Assistant Commissioner Timothy Lynch, P.E., climbed to the top of 74-story unenclosed building to inspect the boom. In the following days multiple inspections of the crane, the hoist and the surrounding buildings were conducted and the two men as well as Executive Director of Cranes and Derricks Division Faisal Muhammed, P.E., Chief Inspector Frank Damiani and other engineers worked with the contractor and developer to devise a plan to secure the equipment. The entire operation lasted 5 days including 36 hours to slowly turn the crane mast sideways so the boom could then be secured.

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18% of Designated Drivers (DDs) are driving while impaired exposing themselves and their drunken passengers to a higher risk of a car accident reveals a recent study conducted during week-ends in in a southeastern college community restaurant and bar district.

65% of DDs tested abstained from drinking alcohol completely, 17% had a Blood Alcohol Content between 0.02 and 0.049 and 18% had a BAC above 0.05. according to the study conducted by the Department of Health Education and Behavior, University of Florida and published in the Journal of Studies on Alcohol and Drugs.

The study also screened participants for Alcohol Use Disorders and results showed that participants with Alcohol Use Disorders were more likely to serve as DD and have a blood alcohol concentration that significantly impaired driving ability and psychomotor function.

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Endoscope.png30 % of duodenoscopes, 24% of gastroscopes and 3% of colonoscopes have unacceptable level of “bio dirt” from previous clients bodies leading to a potential risk of infection according to a new study by researchers at 3M infection Prevention Division and presented at the 40th Annual Conference of the Association for Professionals in Infection Control and Epidemiology (APIC).

After being used flexible endoscopes are manually cleaned by a hospital technician who will visually inspect them and then soak them in high level disinfectant. However the study indicates that visual inspection is not enough as contamination is often invisible to the naked eye. The study suggests hospitals should improve their cleaning protocol by having specific guidelines by type of instrument and by identifying if there are any critical steps missing in the manual cleaning process.

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When OSHA inspectors visited RWS, a plant that makes wood shavings for animal bedding, they found explosive combustible shavings all over the equipment and the floor with accumulation reaching as high as one foot in some areas. Adding to that employees were authorized to smoke in locations where excessive wood dust and wood shavings created a high risk of fire.

RWS Manufacturing plant in Queensbury, NY,deliberately, seriously and repeatedly violated worker safety and health standards and is now facing $233,870 in fines by OSHA.

Since its opening in Quennsburry, NY, 5 years ago, RWS Manufacturing plant has been the objects of multiple complaints by neighbors. It also has a long history of issues with the town’s enforcement codes related to noise, smoke and lack of groundwater control.

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In an Upstate New York truck accident that happened several days ago, a trailer disconnected from the rig that was pulling it and crashed into a minivan killing 7. Investigation will determine if the cause of the accident was mechanical failure or driver action.

According to the Federal Motor Carrier Safety Administration, mechanical failures are the cause of only 1% of fatal accidents involving large trucks and among mechanical failures, the truck’s couplings, hitches or chains are the cause of 1 in a thousand fatal accidents.

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In New York State, cell phone related car accidents have increased by 143% from 2005 to 2011. In 2011, there were 25,165 fatal and personal injury crashes involving distracted driving in New York, compared to 4,628 caused by alcohol-related driving.

Governer Cuomo wants to crack down on drivers who are using their cell phones while they are driving and put their life and the lives of others at risk. Therefore the governor of New York just announced that texting while driving will cost 5 points instead of 3 for all drivers effective June 1st. Adding to that drivers with probationary or junior licences will get 60-day suspensions for a first conviction and revocations of 60 days (for junior licenses) or 6 months (for probationary licenses) for subsequent convictions within 6 months of the time a license is restored after suspension.

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Thankfully there was no injury following the crane accident near the Eat River at the Water Club restaurant. The 20 ton crane, a Grove RT540E owned by Phoenix Marine was doing work on a bulkhead on the south end of the restaurant when workers said it became snagged on a barge support beam and fell over.

The picture shows that at the time of the accident the crane seemed to be proprely set up and its boom was fully extended. Therefore at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz we think that the load being lifted was too heavy (overloaded) causing the crane to tip.

The New York City Department of Buildings is investigating.

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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 old don’t know how to swim and therefore have a much higher risk of drowning in a pool.

Every year more than 5000 children visit the emergency room after a pool or spa related injury and an estimated average of 390 children drown. Most of the accidents happen in backyard pools.


In its new pool safety campaign, The U.S. Consumer Product Safety Commission is asking parents and families to teach their children how to swim, to install a fence around backyard pools and spas and to watch children when they play around the pool.