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 19 year old driver died and two teen passengers were injured in a car accident in New York City. The accident occurred Tuesday afternoon around 4:30 pm.  19 year old Claudio Poggy was speeding in a Mercedes. Two of his friends aged 16 and 19 year-old were on board. According to witnesses, he was drag racing. As he was speeding north on Kings Highway, Brooklyn, the driver lost control of his vehicle and hit a tree at the intersection with avenue D. The impact was so brutal that the driver died at the scene of the accident. The 16 year old passenger suffered critical injury and the 19 year old one minor injuries. Investigators found that the speedometer was stuck on 130 mph on the unregistered Mercedes.

Male teen driver with teen passengers is a deadly combination

The risk of car accidents is higher among 16 to 19 year-old drivers than among any other age group. Car accidents are indeed the leading cause of death for American teens. According to statistics 6 teenagers die and hundreds of them are injured every day in car accidents in the US. The risk of dying in car accidents is two times higher for male drivers than for female drivers. When another teen is on board with a teen driver, the risk of a fatal crash doubles and increases further when more teen passengers are in the car.

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Esport compettionJust like in any other sports, college eSport athletes suffer from specific injuries, the most common being eye fatigue, neck and back pain, wrist pain and hand pain.

Esport, or professional video gaming,  is rapidly expanding all over the world. In the US more than 50 universities have their own varsity gaming teams with almost half of them offering eSport scholarships the same way they do for traditional sports. Esport is currently being investigated by the National Collegiate Athletic Association to be recognized as a sport discipline and was recognized as such by the International Olympic Committee in October 2017. More people watch eSport than watch the World Series or the NBA finals. Projections estimate that 427 million people will be watching eSport in 2019 with prizes won by players and sponsorship  exceeding $ 1.5 billion.

A recent study by the British Journal of Medicine found that  eSport athletes, despite being the subject of much controversy because of their quasi physical inactivity, are also getting injured.  College eSport athletes demonstrate manual dexterity, thinking skills and reactions times that average players are unable to match.  In order to get to that level, they practice 3 to 4 hours a day at school and often continue at home.

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Super-lawyers-goldOur New York Personal Injury Law Firm is proud to announce that 9 of our attorneys have been named 2019 Super Lawyers and 2 of them 2019 Rising Stars. Additionally, our managing partner Ben Rubinowitz, made the Top 10 New York Metro Super Lawyers list and 3 partners were listed in the Top 100 New York Metro Super Lawyers list.

These lawyers are:

  • Anthony Gair, named Super Lawyer every year since 2006 and listed in the 2019 Top 100 New York Metro Super Lawyers
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A 63 year old man injured his foot in a crane accident in New York.  The accident occurred around 10:20 pm on Monday night near Penn Station on 34th Street in Midtown Manhattan. As it was lifting material, the arm of the machine collapsed.

The truck mounted crane belonging to the Brooklyn company Lifting Solutions was lifting I-beams for Starr Construction when the hydraulic system failed and the boom crashed on the sidewalk. Pedestrians panicked and ran for cover.  Some of them thought it was an explosion. One person was sent to the emergency room after being injured by the debris.

A  hazardous material team was dispatched by the FDNY to clean up the spill of hydraulic fluid.

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New York Personal Injury Lawyer Ben RubinowitzOur managing partner, NYC personal injury attorney Ben Rubinowitz will be directing the “NITA Drills: A Witness Examination Boot Camp” from April 29 to May 1st 2019.  This program will take place at The National Institute for Trial Advocacy Education Center in Boulder, Colorado.

The Witness Examination Boot Camp is a rapid-fire, three-day program that focuses on direct and cross-examination of witnesses, including impeachment and expert witness variations, as well as methods for delivering killer openings and summations. NITA’s groundbreaking “learning by doing” method ensures you’ll master new skills you never even knew you were missing. You’ll learn not only how to formulate great questions on the spot through muscle memory, but also how to think quickly and effectively on your feet—and the investment you’ve made over just a few days’ time will pay off the instant you step back inside the courtroom or take your next deposition.

Taught twice a year by highly experienced  trial lawyers, members of the Inner Circle of Advocates, American Board of Trial Advocates and NITA’s Board of Trustees, the boot camp is limited to 24 participants to maximize the opportunity for every attendee to drill his or her skills. It usually books quickly so don’t wait too long to reserve your seat.

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New-York-Slip-and-Fall1Every day 223 older adults visit the emergency room after being injured in a fall in NY State, 140 are hospitalized and 2 die. Fall is the leading cause of unintentional injuries and deaths among older New Yorkers and among older people in the US as well. In the US every 19 minutes an older person dies from injuries related to a fall.

For people over 65 year old, falls often have serious consequences that can affect their global well being, their mobility, their independence and their mental health. 60% of the older New Yorkers who are hospitalized after a fall end up in a nursing home or a rehabilitation center. 11% of them suffer traumatic brain injury and 27% of them suffer from hip fractures.  In most cases falls occur at home. 60% of older adults hospitalized for a fall in New York fell in their own home.

Obviously as people get older, they loose some of their strength,  they sometimes have physical disabilities, their vision is decreasing and they take more medication which can lead to drowsiness. All these factors increase the risk of fall.

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Thankfully nobody was injured by debris that fell from the elevated line tracks in Queens, NYC, last week. Last Wednesday, a hunk of rusty metal fell on Fernando Marin’s car, cracking the windshield. The car was parked on Roosevelt Ave below the elevated tracks. The owner, Fernando Martin told the NY Daily News that it was really scary and that the metal could have hit his head. He felt lucky to be alive.

Almost two weeks before the incident, a Uber driver also had a terrifying experience just two blocks away. A wooden plank from the elevated train platform flew into his car. The driver wasn’t injured but he was in shock. The wooden debris came from an old supply platform that was installed under the tracks years ago. MTA workers were seen dismantling the rest of the rotted wood beams a few days later.

On Monday the MTA also announced that the line 7 elevated tracks were safe and that it was perfectly safe to stand or drive under them. They also indicated that a truck hit the track structure recently in the areas of the falling debris and that this accident may have caused the two incidents but no root cause has been identified.

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boy injuredA third of children injuries occur at home. While suffocation is the number one cause of death for toddlers, older children also are at risk of suffering unintentional injuries that can be deadly.  Because children are spending most of their time at home, it is important for parents to understand how to proprely childproof their home. The most common and dangerous accidents leading to children injuries  in the house are drownings, burns, poisonings and falls. Therefore while childproofing their home, parents should identify the high-risk zones:

Any water area such as bathtub, jacuzzi, pools but also toilets, sinks and other receptacles that can contain water such as buckets should be protected. While infants are the most at risk to sink in their bath, young children have the highest risk of drowning in pools. Drowning often leads to death. Children who survive a drowning often suffer brain injuries. Parents should be aware that children drowning can happen quickly, silently and without splashing even in very small amounts of water. Adult supervision should be constant when children are taking a bath or playing with water. Potentially dangerous areas need to be protected as young children are attracted by water but are not conscious of the inherent risk.  Additionally parents should be aware that diapers can also be a cause of danger near water as they can quickly fill up with water, increasing the risk of drowning.

Areas with heat or flame such as kitchen, fireplace or BBQ can result in dangerous burn injuries if children are left alone near them. Children should not only never be left unattended in a room when heating items are in use but parents should also make sure to block access to the stove, the fireplace, the radiators or the space heaters. Hot spills can also lead to burns. Parents should never handle hot liquid while holding a child or near a child. While cooking, the handles of the pots should be turned toward the rear of the stove and its preferable to use back-burners whenever possible. Any hot device should be kept out of reach of children and so should electrical cords. Electrical outlets should be covered. The use of a cold mist humidifier is also a wiser choice to protect children from burns. Other common sources of children burns are  bath water and  food.  Parents or care givers should always put their own hand in the bath to make sure the temperature is ok and test food first before giving it to your child.

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LIRR train Accident NY3 people died and 7 were injured after a vehicle collided with two trains travelling in opposite directionsa in Long Island, NY.

The train accident occurred Tuesday night during rush hour at a railroad crossing near the Long Island Rail Road Westbury Station in Nassau County, NY. As the gates were down and the lights were flashing, the driver of the vehicle involved in the accident was witnessed driving around the gates to cross the railroad tracks. As he was in the middle of the railroad crossing, the vehicle was struck by a train that had just left the Westbury station and was heading East. The vehicle was then hit a second time by another train arriving at full speed in the opposite direction. The impact caused the two first cars of the westbound train to derail while the last car of the eastbound train struck a platform and partially destroyed it. The 3 occupants of the vehicle all died in the accident. So far the vehicle was so mangled that it was difficult to identify who were the victims and what type of vehicle it was. After further investigation the police found that the victims were 3 workers of a grocery store located a block away from the crossing: dairy manager Jesus Hernandez, and meat department workers Saul Martinez and Miguel Luna. According to a witness the men travelling in a maroon SUV might have been involved in a fender bender moments earlier and were trying to  flee the scene of the accident.

7 other people who were travelling on the westbound train were also injured. They were transported to the hospital to be treated for non fatal injuries. Around 1000 people had to be evacuated from both trains and heavy delays were expected as crews had to work on two train derailments and assess damages to the tracks and to the platform.

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Construction workerThe leading cause of non fatal personal injuries among construction workers is Musculoskeletal Disorders (MSDs). Construction work is physically demanding and involves manual material handling that requires construction workers to effectuate tasks such as carrying, pushing, lifting, lowering or holding heavy material or equipment. As a result construction workers are prone to soft tissues injuries. Strains and sprains are common as well as more serious injuries to the muscles, the tendons, the ligaments, the nerves, the cartilages and the disks. Not only musculoskeletal disorders  can be extremely painful but they also force the worker to stop working and therefore reducing his income. It is also a burden for the employer in terms of productivity.  Healthy workers keeps costs low and productivity high for contractors. Therefore incorporating ergonomics on a construction site is a win win situation for both workers and contractors.

Helping contractors address ergonomic hazards and reduce workers risk for musculoskeletal disorders

This afternoon the Center For for Construction Research and Training is offering a free webinar that will look at how to Incorporate Ergonomics into a Construction Safety Management Program. Presented by Ann Marie Dale, Associate Professor, Washington University School of Medicine, the seminar will introduce participants to available tools, equipment and work processes that are available to reduce the physical demand of the construction workers job. She will explain how contractors can include these tools and techniques in the day to day activities of a construction site and promote a culture of safety on the construction site. Dr Dale has over 30 years of experience in the clinical treatment of work-related upper extremity conditions and in worksite based prevention of musculoskeletal disorders.