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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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One pedestrian died and two were seriously injured in New York City last week. In all cases, drivers were recklessly driving and in two cases drivers took off after the accident leaving their victims lying on the street.

The first accident occurred on Tuesday in the Bronx. 72 year old Sidney Sale was walking back home after stopping at his local Bodega. As he was crossing the intersection of East 211th  Street and Paulding Avenue in Williamsbridge in the Bronx he was struck by a car. The pedestrian who was in the crosswalk, fell on the ground. The reckless driver did not stop and fled on East 211th Street.  Immediately after, another driver making a left turn onto East 211th Street from Pauling hit the victim for the second time and dragged him along the street. The second driver stayed at the scene of the accident. Sydney Sale suffered trauma all over his body and was rushed to the hospital where he later died from his injuries.

https://www.youtube.com/watch?v=nM0azfwcrtk

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New York Personal Injury Attorneys Rubinowitz and TorganIn their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write: Whether in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit a video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.

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Best Law Firms - Standard BadgeFor the 11th consecutive year, our New York Personal Injury Law Firm was named a Best Law Firm 2021 by U.S. News – Best Lawyers®. The firm was also named

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construction NYCThankfully nobody was injured after a loose cable on a spinning crane hit a building under construction sending giant metal debris down the streets in Midtown Manhattan yesterday night around 7 PM and creating chaos.

The metal pieces fell from the 84th floor of  a high rise under construction at 111 West 57th Street. The spinning crane at the top of the building first  caused concerns that it could be loose or unstable but later on firefighters noticed that a cable hanging from the spinning boom was constantly hitting the building, destroying it and sending pieces of metal down the street near the intersection of 6th Avenue and 56th Street.

A crane crew was then sent up and the crane operator was able to get into the crane and secure the loose cable. The DOT issued a full stop work order for failure to safeguard public and property construction operations.

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Construction Accident Injuries in New York City in May 2020To reduce construction accident injuries and deaths in New York City, Local Law 196 was signed in 2017. The law requires that hard hats working on most New York City construction sites obtain a SST card in a specific deadline. To obtain this card, construction workers must complete at least 40 hours of OSHA or DOB approved safety training while their supervisors are required to complete at least 62 hours of safety training. Because of the Covid-19 situation, the deadline to obtain the SSD card was extended to March 2021.

The NYC Department of Buildings announced that as of today 100,000 nyc construction workers completed their training and obtained their SSD card

The DOT believes that the safety training led to a reduction of more than 20% of work site injuries in New York City last year.  The DOB also announced that construction companies with more than 15 employees can now file an application to receive a one-time grant to help reduce the cost related to training.

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Pollack-and-RadcliffeWhen a child suffers personal injury as the result of an abuse by an adult, Child Protective Services will intervene to prevent more injuries to the child. However when a child suffers emotional trauma, child welfare workers often lack knowledge and basic training on the neurology of trauma and the factors that will promote brain resilience. As a result, children are often placed in homes that are not appropriate for their well being and healing.

In a recent article,  Susan Radcliffe, LCSW-C, a mental health therapist and a clinical social worker at the Dorchester County Health Department, Cambridge, MD and Daniel Pollack, MSSA (MSW), JD, an attorney and professor at Yeshiva University’s School of Social Work, look at the case of a Child Protective Service worker who after being informed by a mental health therapist that a boy placed in a safety home alleged that his “emergency plan safety parents” were physically fighting decided the boy should remain in the home. When the mental health therapist questioned the decision,  The Child Protective Services worker replied “What do you want me to do?”.  She also  said she was following her training.

The article provides an in-depth explanation on how, during an emotional trauma the limbic system of the brain produces cortisol, a stress hormone that provides energy to respond to danger. For example if a car is speeding toward an individual, the cortisol will give the person the energy to respond to the danger and quickly get out of the way.

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Super-lawyers-gold10 of our NYC Personal Injury Attorneys have been named Super Lawyers 2020 and 2 have been named Rising Stars 2020.  We would like to congratulate:

  • Ben Rubinowitz: Super Lawyer 2020 for the 15th consecutive year
    • Top 100 New York Metro Super Lawyer  2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2006
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location of the Sinkhole accidentA man suffered serious personal injury after falling 15 feet into a sinkhole in New York City. The 33 year old victim was waiting for his bus in front of a building located at 4521 Third Avenue in Tremont in the Bronx when the sidewalk suddenly sank under him. The accident occurred last Saturday a little bit after noon. The FDNY rushed to the rescue, brought a ladder to the scene and brought the victim back to the surface. The man was then rushed to the hospital where he is now listed in stable condition. The NYC Department of Buildings found that the vault of the building was in disrepair, causing the ground above it to sink.  The DOT issued a construction violation for the vault and also ordered the building to be immediately vacated. According to the Gothamist, the building was already empty with the exception of a dentist office on the first floor. The building is owned by EH And HD 183rd Realty. It was put on sale around a year ago for $9 million. The owner was ordered by the DOB to install a construction fence around the building to avoid other accidents. The building has a total of 28 complaints and 29 violations from the DOB including 4 active. 2 of the active ones are elevator related violations.

Who is responsible for a sinkhole on a sidewalk?

In New York, it is the responsibility of the building owner to maintain its property  in a safe condition.  If someone is injured because the owner neglected to maintain its property in safe condition, the owner may be held legally responsible for the injuries if they occurred on the owner’s property (see our premises liability page). In New York City, the maintenance of the sidewalk in front of the property is usually the responsibility of the owner.

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small rare earth magnetsA few months ago, a 9 year old girl was rushed to a New York ER after she swallowed dangerous high-powered tiny magnets that got stuck in her stomach. Doctors had to effectuate an emergency endoscopy on the little girl to remove the magnets.  In another case, a Long Island doctor had to remove tiny magnets that ended up on each side of the lingual frenum, the fleshy part of tissues under the tongue, of a patient. The patient had to be sedated so the doctor could pull the whole tongue out to remove the magnets. Doctors are also seeing multiple cases of children having their ears, noses and genitalia  pinched by the magnets. Cases of young children swallowing the magnets and suffering major injuries such as perforated intestines and bowels after they got stuck in their internal organs are also on the rise.

The small rare-earth magnets were recalled and banned from the American market by the US Consumer Safety Commission in 2012. However, Zen, a magnet manufacturer based in  Denver fought back and engaged in a legal marathon with  the CPSC that has so far allowed the tiny magnets to stay on the market.

In a recent study published in the Journal of Pediatric Gastroenterology and Nutrition and entitled “Magnet Ingestions in Children Presenting to Emergency Departments in the United States

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teen driverThis week is National Teen Driver Safety Week. For the 13th consecutive year, the National Highway Traffic Administration is organizing a one week campaign to raise awareness  and seek solutions to prevent and reduce teen drivers fatalities and injuries.

Car accidents are the leading cause of fatality for teenagers in New York and in the US

In New York State, every day, 10 people are injured or killed in an accident caused by a teen driver.  Unsafe speed accounts for 21% of these accidents, driver inexperience for 8%, failure to yield right of way for 6%, driver distraction for 4% and alcohol for 1%.  Male teen drivers have a higher risk of causing an accident than female teen drivers. Drivers with only a few months of experience driving alone are also at high risk of causing a crash as well as teen driver driving with other teens on board. In New York State, teen drivers are at fault in almost 80% of the car crashes resulting in incapacitating and fatal injuries.