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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accident sceneA pedestrian was critically injured after an out of control SUV jumped the curb last Friday afternoon in Queens, NYC. The driver of the SUV was an elderly man who just came out of an appointment at a radiology center on Steinway Street in Astoria. His SUV was parked in front of the radiology center. As he was pulling out of the parking space, the driver suddenly accelerated. He mounted the sidewalk, hit the pedestrian violently and crashed into the wall of the radiology center. When the doctor came out he recognized his patient. The patient told the doctor that the accelerator pedal got stuck on the floorboard. The pedestrian was critically injured and was bleeding from the head. The driver also suffered serious injury. They were both transported to the hospital.

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A young pedestrian was critically injured in a truck accident in New York City last Thursday around 1:00 pm. The 11 year old girl was in a crosswalk and had the right of way when she was run over by a box truck . The driver, 51 year old Douglas Watson of Maryland, was stoned behind the wheels. He hit the young girl as he was making a left turn from Wythe Ave onto Rutledge in Brooklyn. The girl fell on the ground and the driver ran over her body with the front left wheel. The young pedestrian suffered a collapsed lung, a lacerated spleen and very bad injuries to her torso. She was rushed to the emergency room in critical condition. The driver was arrested by the police. The police found out that the man had one prior sealed arrest in New York City and that he was driving with a suspended licensed. He was charged with operating a motor vehicle while impaired by drugs, aggravated unlicensed operation of a vehicle failure to yield and failure to exercise due care.

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Daniel-Pollack-1Parental immunity is a doctrine that prevents a minor from suing his or her parents for personal injury. This old doctrine has been completely abrogated by many states or very limited in others.

In a recent article  Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City looks at the case of foster children abused by their biological parents. The children were removed from their biological parents and placed in foster care. Gradually they were allowed to visit their parents. The biological father molested his children during unsupervised visits in plain sight of the mother. Can the children sue their mother for failing to adequately protecting them from personal injury?
Find out in the article.

 

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the truck was making a left turn onto 9th Ave when he hit the bicyclist A bicyclist was hit by a box truck in New York yesterday morning.

The 31 year old woman was riding her bike on East 9th Street around 7:20 am. As she was crossing First Ave she was hit by a box truck.

The box truck was making a left turn from First Ave onto 9th Street when he struck the bicyclist. The woman was pinned under the back wheel of the driver’s side. Witnesses heard her say “I can’t move, I can’t breath”.  Shortly after, emergency responders arrived. They lifted the truck to free the victim. She was transported to the hospital in critical condition.

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New York Personal Injury Lawyer Ben RubinowitzAfter last year’s success, Co-Chairs NYC Personal Injury Lawyers Ben B. Rubinowitz and Jeff S. Korek as well as Hon. Douglas E. McKeon are back with “25 Trial Issues that keep you up in the middle of the night”. This year’s seminar is an informal panel discussion where audience participation is encouraged. Over two evenings, come hear from an elite panel of Trial Attorneys to discuss those items that trial attorneys face during a trial that require fast and strategic thinking. The panel and audience will deal with a large array of perplexing trial topics. Do you have a question? Now is the time to ask.

The first part of this seminar organized by the New York State Trial Lawyer Association already took place on March 28 and the second part will take place on April 4th.

For more information and a list of the key issues addressed during the seminar click here

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accident scene1 person died and two people were injured in a truck accident in New York early Monday morning.  Around 2:20 am, 23 year old Sandhu Simranjeet Singh from Durham, NC was driving a tractor-trailer, heading west on the Cross Bronx Expressway. As he was near the George Washington Bridge he lost control of his truck and slammed into a car. He then fled the scene of the accident leaving behind him 3 critically injured people. The reckless drunk truck driver was later caught by the police near the Vince Lombardi Rest Stop. He was arrested and charged with drunk driving.  The 3 occupants of the car had to be pulled out of the mangled vehicle by the emergency responders. They were transported to the hospital. The driver, 25 year old Caeser Contreras, didn’t make it and was pronounced dead at the hospital. The two other passengers who were 28 and 39 years old were in critical condition.

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A pedestrian was hit by a SUV last night on the Upper East Side of Manhattan. The accident occurred around 9:10 p.m.  A 37 year old woman was crossing the intersection of E. 86th Street and York Ave. According to the police, she was 10 feet away from the crosswalk when a SUV hit her.  The pedestrian suffered leg and head trauma. A witness reported that she was bleeding extensively. She was transported to the hospital in critical condition but she is expected to survive.  The driver, a 56 year old man stayed at the scene of the accident. Read more in the NY Daily News. 

The winter months are usually the most dangerous months for pedestrians. Since last October more than 1,000 pedestrians were injured every month in motor vehicle accidents in New York City. According to the most recent statistics released by the NYPD, the number of pedestrians injured in car accidents in NYC last January was 1,083. This is the highest number of pedestrian injuries for a month of January since Vision Zero started in 2014. Before Vision Zero started, there were 1,107 pedestrians injured in January 2013.

Pedestrians injured in a vehicle accident in NYC by month with trendline and 3-month moving average

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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write about the dangers of Social Media, how attorneys are obliged to protect their clients, and that all attorneys must make clear to their clients that once posted the information is forever. The failure to conduct a proper social media check could easily result in a loss. Conducting an appropriate search of all social media platforms has now become mandatory.

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Patient wristbandPatient identification error may be medical malpractice that can result in serious injury and sometimes death of a patient. This type of medical error can happen at any step of a medical process from lab testing to medication administration and even billing.

A special report published by the ECRI Institute reviewed 160 recent scientific searches and publications written on this type of medical malpractice to provide a snapshot of the status of this prevalent occurrence.

The report found patient  identification errors at each of the following clinical contexts:

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hoverboardA 3 year old girl died from her injury after a hoverboard explosion caused a major fire in her apartment in Harrisburg, PA, last Friday night. The hoverboard battery was charging at the time of the explosion.  The girl fell from the second story of her home as she was trying to escape the blaze that was ravaging her apartment. Her two sisters suffered critical burn injuries and her dad as well as a teenage boy who was in the house at the time of the accident, were treated for smoke inhalation. Dennis Voe, a 21 year old  firefighter who was en route to the fire was struck by a car and died from his injury as well.

It is the first time that a hoverboard explosion is directly linked to a fatality. The accident prompted a federal investigation. Previously the US Consumer Product Safety Commission (CPSC) investigated multiple cases of burn injuries related to defective hoverboards. So far investigations have led to the recall of approximately half a million hoverboards with defective battery packs. At least 8 models manufactured in China with defective lithium battery packs were part of the defective models recalled. Despite the many fires and injuries caused by exploding hoverboards many families still buy them and use them.

If you or your children own one of them, you can check the list of the hoverboards recalled by CPSC. However, please remember that owning a hoverboard that is not on the list is not a guarantee that the battery may not be prone to fire hazard.  Do not charge your hoverboard at night when you sleep but during the day in a location where you can keep an eye on it and where there is an extinguisher nearby.

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