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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A man was injured in a partial building collapse in Manhattan. Part of the facade of a building containing a parking garage on 203 East 38th Street near third Avenue in Murray Hill  crashed down the street falling on a parked Limousine with TLC plates. The driver who was sitting in the car at the time of the accident was injured as debris falling from the top of the building partially destroyed his car. The windows were broken and the trunk dented. Another man who was making a delivery nearby just had the time to escape and run away from the disaster. According to witnesses, first a few bricks fell on the ground and then immediately after a significant part of the wall followed.

Complaints of illegal construction work were previously filed with the  NYC Department of Buildings

The parking garage was closed during the coronavirus crisis. It opened and closed several times last year according to a local resident who was interviewed by CBS News. The resident said that on some days he witnessed trucks coming out of the garage carrying loads of debris. The DOB received previous complaints that construction work was being done at the location without valid permits. Inspectors were sent twice to the location but were not able to enter the building according to the DOB.  The building which is under a partial vacate order  received 3 previous violations in May and June related to damages to the roof and floor that were categorized as “immediate emergency”. These violations were still active at the time of the accident.

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traumatic-brain-injury-picture-1Every year an estimated 57,000 Americans die and 288,000 are hospitalized to be treated for traumatic brain injury. Another 2.5 million are treated at the emergency room and then released immediately.  Traumatic brain injury is a contributing factor in 30% of all injury-related deaths in the US. While only a small percentage of all people suffering TBI die, many of them suffer long lasting health consequences.

Almost half of the diagnosed traumatic brain injuries are caused by fall, 15%  are caused by people being struck by or against something, 14% by motor vehicle accidents  and another 9% by assault. Traumatic brain injury is often caused by the negligence of others.

Depending on the intensity of the impact, a traumatic brain injury can cause unconsciousness, confusion, memory problems, learning difficulties, speaking problems, unsteadiness, vision or hearing problems. Patients who suffered TBI can also develop Alzheimers or other types of dementia.

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building-before-the-collapseA gym employee miraculously only suffered minor injuries in a building collapse in New York City. The accident occurred last week. The building was under construction for renovations. Last November building inspectors issued 3 violations for “structural cracks and bulging exterior masonry wall”. At the time of the collapse these violations were still open. Additionally, a partial stop work order was issued on June 10 for the same masonry brick wall bulging on the sidewalk with no protection erected around it.

The 3 story building located at the corner of Court Street and Union Street in Carroll Gardens was the home of Body Elite Gym. After the stop order was issued in June, the owners of the gym posted a picture of scaffolding on the sidewalk mentioning the gym was getting an exterior make over and they were looking forward to reopen after the lock-down. The gym was refurbished last year with new equipment.

The building was built 120 years ago according to public records. It was hosting a popular pool hall in the 1960ies. A neighbor who talked to the Daily News said that the building always had a bulge and that he found that very strange.  Complaints of structural instabilities have been filed with the DOB for years.

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excavation work in NYC streetsToo many construction workers are still being injured or dying while working in trenches or excavations. A new video by OSHA on excavation and trenching safety looks at previous violations and how to prevent them.

While doing excavation, construction workers are facing multiple hazards. Cave in hazard is the most dangerous one.  Unfortunately  many construction workers are injured or die in trenches because of negligence. Failure to respect excavation requirements is the 6th most common violation in the construction industry behind fall protection (general requirement), scaffolding, ladders, fall protection training and eye and face protection.

While looking at violations related to excavation and trenching the most common one is failure to protect employees in excavations with 809 citations in 2019. OSHA requires employers to set up specific protective systems such as shoring for workers in excavations however too many employers are still cutting corners as the high number of violations demonstrates.

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twitter cyclist injuredA cyclist was injured  in Manhattan, NYC, last weekend after he hit a wooden platform erected in a bike lane by a rest. Alex Sirken was riding his bike on Seventh Ave South when he hit a wooden platform left on the bike lane by Ofrenda, a Mexican restaurant in the East Village.

While the DOT  has been allowing restaurants to temporary set up tables for outdoor dining mostly in parking spaces in the streets of New York City, the guidelines are clear and do not allow restaurants to install seating areas on “No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, taxi stand, or car share space”.

Ofrenda was not the only offender, other restaurants such as El Camino Cantina in the East Village were also reported blocking the bike lane with tables.

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New York CyclistsStreet advocates are predicting an increase in bicycle accidents in New York City as many New Yorkers , including many newbies, are opting to use a bike to commute in the city rather than risking getting infected by the coronavirus in the New York subway. The mayor listened to them and  recently announced that the DOT would double the number of temporary protected bike lanes available for cyclists to commute around the city. Nine more miles of temporary protected bike lanes will be added to the other 9 miles  already installed last month as part of the “Open Street” initiative.

Additionally another 13 miles of open streets will be added in areas that are heavily affected by the virus.

The additional temporary protected bike lanes will be installed in Queens and in Manhattan

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location of the pedestrian fatality Bronx NYCThe number of pedestrian fatalities in New York City which had significantly decreased during the coronavirus lock-down peaked back up as soon as the city started to reopen.

Yesterday night around 9:30 pm a 50 year old man who was crossing the street at the intersection of Beach Avenue and Mansion Street in Parkchester was fatally struck by a hit-and-run driver.  The man was rushed to the hospital but he could not be saved.

The Police are still looking for the driver who recklessly killed the pedestrian and sped away behind the wheel of a SUV. According to the police the driver was chasing another car when the accident occured.

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water injury preventionAs summer season is back, water related injuries and deaths are starting to increase. In New York, the underwater currents at Rockaway Beach are known to be dangerous and ever year people are seriously injured or died after drowning in the water at this location. This year on May 22nd, 24 year old Fidel Ramirez, went for a swim at Beach 91st street despite recommendations from Mayor de Blasio not to go in the water and drowned. He suffered critical drowning injuries and died at the hospital.

Backyard pools might seem safer than the Rockaway beach especially with the actual Covid-19 pandemic, however they can be dangerous as well.  Last Sunday 3 people died from drowning in a backyard pool in New Jersey.

Behind car accidents, drowning is the second cause of unintentional injury-related death for children from 1 to 14 year old

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child-head-injuy-1Because young children can’t express themselves proprely it can be challenging for doctors to diagnose a traumatic brain injury or concussion.  A recent article published in Pediatric Emergency Care suggests that using previous “Characteristics of Diagnosed Concussions in Children Aged 0 to 4 Years Presenting to a Large Pediatric Healthcare Network” might be helpful. The study was authored by Podolak, Olivia E. MD*; Chaudhary, Sofia MD*,†; Haarbauer-Krupa, Juliet PhD‡; Metzger, Kristina B. PhD, MPH*; Curry, Allison E. PhD, MPH*,†; Kessler, Ronni S. MEd*; Pfeiffer, Melissa R. MPH*; Breiding, Matthew J. PhD‡; Master, Christina L. MD, CAQSM, FACSM*,§,∥; Arbogast, Kristy B. PhD*,†,§ (Click here For author Information)

The researchers analyzed the medical data of 329 young patients aged 0 to 4 who visited the Children’s Hospital of Philadelphia healthcare network from October 1, 2013, to September 30, 2015 . They identified  the 3 top common mechanisms of injury.

The first one was fall and represented 64.4 % of all young patients who were diagnosed with a concussion with children younger than 2 year old being at a higher risk of sustaining a concussion in a fall than children from 2 to 4 year old.  Falling from furniture was the most common type of fall leading to traumatic brain injury, followed by tripping and hitting the ground and falling down the stairs.

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location of the deadly car crashTwo people died and 6 people were injured in car crashes in New York City in less than 24h. As New York is reopening, the number of car accidents which had significantly declined during the lock down are expected to rise again.

The first car accident occurred on Sunday night around 11:20 pm in Pelham Bay Park in the Bronx. The 35 year old driver of a 2010 Toyota Camry lost control of his car as he was driving in the westbound lane of City Island Road near the intersection of Shore Road.  He rear ended the car in front of him, a 2014 Infiniti Q50 driven by a 27 year-old driver. The driver of the Infinity crashed into the rear of another car in front of him, a 2008 Toyota Highlander driven by a 51 year old man. The Camry careened into the eastbound line and hit a 2016 Jeep Grand Cherokee driven by a 44 year old man and a 2010 BMW X5 driven by a 41 year old man.

The driver of the Camry died at the scene of the accident. A 34 year old woman, who was sitting in the front seat next to him was rushed to the hospital in critical condition.  5 more people were taken to the hospital, they were occupants of the Infinity and the Jeep. The occupants of the BMW, which was the last car to be struck declined medical attention.

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