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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 Personal Injury

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Gair-Gair_Tony-Gair_02Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC.  Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+. 

Multiple children  and a pet have been injured and recently a child died in a Peloton Tread+ treadmill accidents but Peloton has been very reluctant to cooperate with the federal safety agency. The company is fighting a request to recall the dangerous product and refuses to provide the name of the child who recently died after getting stuck under the high end Peloton treadmill.

“The CPSC must have reason to believe that the treadmill wasn’t designed appropriately” said Anthony Gair.  According to him, Peloton might not have done a hazard analysis before launching the product or if they did, he questions if they knew about the danger and ignored it.

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Ghost bike showing locations of previous NYC deadly bicycle accidentsA cruel and reckless driver  blows a stop sign, hits a cyclist critically injuring him, drives away, comes back, takes a look at the cyclist, gets back in his car and speeds away.

The accident occurred at night last week in the Bronx. A 46 year-old cyclist was riding his bike through the intersection of Dudley and Edison Avenues in Pelham Bay when a driver blew the stop sign and slammed into him.  A video surveillance first shows the driver taking off.  He then returned to the scene of the accident, took a look at the victim who was suffering critical injury and took off again. The victim was found by EMS and rushed to the hospital. (Read more in the Daily News)

Bicycle accidents injuries in the Bronx have been on the rise during this period of the year compared to the same period last year.  According to the most recent NYPD traffic statistics, 17 people were injured in bicycle accidents in the Bronx during the week of April 5 to April 11 compared to 2 during the same week a year earlier.  Last years numbers were much lower because the city was observing the Covid19 lock-down and the streets were mostly empty. The same can be said when looking at statistics on a 4 week basis. 54 people were injured in Bronx bicycle accidents between March 14 and April 11 2021 compared to 20 for the same period a year earlier.

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Paraquat is a dangerous herbicideMultiple personal injury and product liability lawsuits have recently been filed against Syngenta, a Swiss company manufacturing the weed-killer Paraquat.

According to the lawsuits, the manufacturer omitted to mention to its customers the risk of Parkinson’s disease caused by exposure to Paraquat despite knowing about it.  Syngeta was aware that exposure to its weed-killer Paraquat increased the likelihood of getting Parkinson’s disease by two to five times but concealed it to its customers according to the lawsuits.

All plaintiffs contracted Parkinson’s disease after being exposed to Paraquat

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child in carCar accidents are one of the leading causes of  injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018.

From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous vehicles, the Center for Child Injury Prevention Study  has been constantly researching and advocating for better ways to protect children on the road.

Among their most recent studies,  researchers at CChIPS  have been looking at the validity of  recommendations for rear-facing Child Restraint System (CRS) using newly available real car accident injury data.

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apartment building that got on fire in Queens NYC21 people were injured in a massive NYC apartment fire last week.  The fire started around 1:00 pm last Tuesday in an apartment  on the 6th floor of a large building located on 34th Avenue near 89th Street  in Jackson Heights, Queens. While escaping, the resident of the apartment left the door open, allowing the fire to spread through the hallways of the building that housed 150 apartments and 90 families.

No life threatening injuries but more than 200 people displaced

Up to 350 firefighters fought for 12 hours to get the blaze under control. 16 of them were injured. Two of them suffered burns and the 14 others suffered minor injuries such as strains and sprains. Among the 5 residents who suffered injuries, 4 declined to be treated and 1 was sent to the hospital. No one was reported missing. More than 200 people living in the building lost their homes and were displaced.

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view from inside the Brooklyn Hair salon where a car crashed car jumped the curb injuring 5 people in NYC last week. The accident took place in Brooklyn last Tuesday Morning around 8:00 am. A large SUV collided with a sedan at the intersection of Fourth Avenue and Third Street in Gowanus sending both vehicles flying in separate directions. The sedan ended up in the front door of the Elements Hair Salon (see picture from Google map on the left) located right at the corner of the intersection while the SUV struck a bicyclist and a razor scooter rider. The bicyclist, the scooter rider and the 3 occupants of the SUV were all transported to the hospital to be treated for minor injuries.

The owner of the Hair Salon, Robert Santana, was just a few feet away from the Salon and saw the accident unfolding in front of him. He told the media that he was a few minutes behind his regular schedule that morning. He felt lucky he was not there at the time of the accident.

After crashing into the Hair Salon, the people in the sedan fled the scene of the accident on foot.

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distracted driver can cause crashesA NY State Trooper who sustained catastrophic injuries after being struck by a distracted driver in Long Island, NY  recently died. The accident occurred 3 years ago. Joseh Gallager who was 38 year old at the time, was helping a disabled motorist on the Long Island Expressway when he was struck by Jesse Cohen. Investigation found that at the time of the accident, Cohen was text messaging with 3 different people and had 3 social media apps open in the 20 minutes prior to the accident. Gallager suffered traumatic brain injury and lost the ability to talk, walk or eat without help. He passed away on March 26th, leaving behind his wife and two chidden as well as his parents, sisters and brothers. His funeral took place last week (see obituaries in NewsDay).

Gallager is one of many victims of distracted driving. According to CBS News, in the last 3 weeks, 3 other car accidents in Nassau County were caused by distracted driving.  In 2019, distracted driving killed 3,142 people in the US, 10% more than in 2018 according to the most recent statistics from the NHTSA.

The death  of State Trooper Joe Gallager, occurred just before the beginning of  “Distracted Driving Awareness Month” and as a reminder, the police in Nassau County have been launching a major campaign enforcing distracted driving laws on their roads.

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2 construction workers died  and 79 were injured on the job in New York City during the first two months of 2021. One fatality occurred in  Staten Island and the other one in Manhattan. In both cases the worker fell. Last year, only one worker died in NYC construction accidents over the first 2 months of the year and the year before, no fatalities were recorded during the same period. Since 2015, the number of construction worker fatalities during the first two months of the year varied between 0 and 2. Among the 79 workers injured, 41 of them were injured in fall accidents. (click on graphs for full size)

construction accident deaths by borough February 2021
Falls remain the most common cause of fatalities for construction workers in New York City. The two fatal accidents that occurred in February were falls. Both accidents could have been prevented if adequate safety measures had been in place. The first accident took place on a construction site located at 730 5th Avenue in Manhattan. The worker who died was cleaning an area where a permanent building trash chute was being installed. He stepped on a hole cover that snapped and gave way. The worker fell to the floor below. He was transported to the hospital where he died from his injuries. The second fatal accident occurred at 144 Dunham Street in Staten Island. A roofer fell from the roof and did not survive the injuries he sustained during the fall. The inspectors found that the working permit for the construction site had expired. Multiple safety infractions were found at the site and the DOB issued a full stop work order for failure to safeguard persons and property. Roofers have the highest rate of fatalities among all categories of construction workers.

Factors in NYC fatal construction accidents February 21
79 construction workers were injured in New York City during the first two months of the year. This is the lowest number of workers injured during the first two months of the year since 2017. 48 of these accidents took place in Manhattan, 14 in Brooklyn, 11 in Queens, 4 in the Bronx and 1 in Staten Island.

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Monthly ambulance crashes in NYCAn elderly woman died and 8 other people were injured after a car T-boned an ambulance in New York City.

The accident took place last Sunday afternoon around 3:00 pm in Flatlands, Brooklyn, NYC. An Hatzola ambulance was transporting a 95 year old woman who suffered a cardiac arrest  to the hospital. The emergency vehicle was  heading South on Schenectady Avenue with its lights and sirens on according to witnesses.  As it crossed Avenue N, the ambulance was T-boned by a car travelling west bound on Avenue N.

A witness told the NY Daily News that the light had just turned from orange to red when the ambulance crossed the intersection and that the driver of the black Nissan who was speeding might not have heard the ambulance sirens.

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NYC Bicycle accidents preventionDuring the pandemic, NYC bicycle accident injuries and deaths have reached record highs.

Many New Yorkers who switched their Metrocard for a bike lock learned that commuting in New York City by bike remains challenging especially in some areas of the city where bicycling infrastructures are still limited.

To help newbie cyclists and offer a refresher to more experienced ones, the NYC Department of Transportation recently released  “Bike Smart”, a guide to safely ride a bicycle in  New York City.