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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rubinowitz_torganIn their recent  Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer’s ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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boy dead in water slide accidentCaleb Schwab sustained a fatal neck injury as he was riding the the “Verrückt” which is the world’s tallest water slide. The 10 year old boy was decapitated and found dead in a pool at the bottom of the slide.

The accident happened at the Schlitterbahn water park  in Kansas. The “Verrückt” which means insane in German was named the tallest water slide in the world by the Guinness Book of  World Records in 2014. The opening of the ride was delayed after tests on the 168-foot water slide had rafts flying off the slide (see video below).  When the ride finally opened the minimum age to ride it was 14 years old. However a month after the opening the age limit was removed and only the height requirement of 54 inches was kept as a limit to get on the ride.

Caleb boarded the raft with two other women who were not related to him. Both women suffered face injuries. Kelsey Friedrichsen and Josh Foster, a couple waiting  at the top of the water slide to be on the next ride told People Magazine that they saw a group of people at the bottom and a woman being treated for injury to her face. Then they saw first responders covering the body of Caleb.  “It looked like he must have somehow been ejected from his seat, bounced around between the netting and the slide and just slid down,” Friedrichsen said. “He would have fallen down without the raft. It’s kind of like a tube.” A 14 year old girl who took a ride on the “Verrückt” earlier during the day also mentioned that “toward the end of the ride the Velcro on her belt had come undone.” Investigators are still working on determining the exact cause of the accident.

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snoop Dog42 people were injured at a Snoop Dog and Wiz Khalifa concert last Fridat night in Camden NJ. The two artists were performing at the BB&T Pavillon when  a railing collapsed causing dozens of fans to fall several feet below onto the concrete (see video at the bottom). One person was critically injured and dozens of them were transported to the hospital to be treated for minor injuries such as bruises and broken bones.

Accidents at concerts and festivals are not very common however when they happen they are often catastrophic because they include a large number of people that are often intoxicated. It is the responsibility of the event organizers to make sure the venue is safe and that contingency plans are in place in case of complications.  Inadequate protection and planing can quickly lead to dramatic disasters during crowded concerts and festivals.

Here are some of the most terrifying concert accidents that happened in the past, the most deadly were due to fire accidents in venues where organizers neglected attendees safety:

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Pollack and DumasCould a child be better protected from potential injury and abuse if the CPS investigator was not randomly assigned to his or her case but specialized in that specific type of case? In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City and Gilion Dumas, a practicing attorney in Oregon focusing on cases involving child sexual abuse explain why instead of randomly assigning cases to CPS investigators children may be better protected if a specialized investigator is assigned to their case.

Download a PDF of the article here

 

 

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accident locationA 22 year old man was severely injured in a car accident in New York City. The young man was struck by a car at the intersection of Dry Harbor Road and Woodhaven Blvd in Queens (see Gooogle map picture) last Friday morning around 4:4o am. The driver who hit him never stopped and the police are still looking for him. As the victim was lying on the ground in the middle of the road, a second driver didn’t see him immediately and struck him a second time. He then dragged him under his car for a block until he realized what happened and stopped. The driver stayed at the scene of the accident and wasn’t charged. The young man was transported to the hospital in critical condition. He survived the accident and according to the NY Daily News he is now in stable condition.

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6th ave and west 19th streetA pedestrian was injured on Wednesday  in Manhattan after two cars collided and one of them careened into the woman who was crossing the street. The accident occurred around 10:00 am in Gramercy. The woman in her 40 was crossing the intersection of Avenue of the Americas and 19th street (google map picture on the left) when a yellow taxi and another car collided just next to her and one of the vehicles struck her. She was injured and bleeding according to the NY Daily News. She was transported to the hospital to be treated.

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21 East 115 StreetA greedy Harlem landlord put a family at risk of serious injury or death while starting to demolish a building while they were still living there. Ephraim Vashovsky tried to evict all tenants  to pull the building out of rent stabilization. He almost succeeded but a large family of undocumented Mexicans who had nowhere else to go  decided to stay despite the fact that the landlord was gutting the building (see Google map picture on the left ).

The heartless landlord deprived the family of water, electricity and heat and put the family at risk of dangerous accidents. He is now in custody and charged with various crimes ranging from endangering the welfare of a child and grand larceny to coercion and conspiracy Read more in the NY Daily News 

 

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car obstructing bike laneBicyclists riding in New York City have an increased risk of being injured or dying in a bike accident when a car or a truck is blocking their bike lane. The cyclists have to merge into traffic to pass the vehicle blocking the bike lane therefore  increasing their risk of being struck by another vehicle.  People who are commuting by bike in New York City are facing this problem on a daily basis. Bicyclist advocates have been voicing their complaints about this dangerous matter on regular basis and the NYPD listened to them.  This spring the “Bicycle Safe Passage” enforcement initiative was launched. The idea of the initiative is that over several periods of one week during the year the NYPD would focus on ticketing all vehicles blocking the bike lanes or not yielding to bicyclists. This week marks the third week of the operation for this year. During the previous operation last month, the police ticketed 1,757 motorists blocking the bike lane and 810 who didn’t yield to bicyclists. However according to Streetblog, police were also ticketing bicyclists rather than focusing their effort on protecting them.

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22nd Street and 6th Av, GreewoodA man was critically injured in a bike accident in New York City last night.  The accident occurred at the intersection of Sixth Ave and 22nd Street in Greenwood Brooklyn, NYC (see Google map picture on the left) . According to the driver of the car who was interviewed by the NY Daily News, the bicyclist was coming very fast and blew the stop sign before hitting the driver’s side rear section of the car. The bicyclist suffered head trauma and was transported to the hospital. The driver stayed at the scene of the accident.

More and more bicyclists are injured or die in bicycle accidents in New York City. According to recent statistics published in Vision Zero View, 12 people died and 1,896 were injured in bicycle accidents during the first six months of 2016 compared to respectively 5 and 1,648 during the same period of 2015.  Therefore the number of NYC fatal bicycle accidents during the first six months of the year increased by 140% and the number of NYC bicycle accident injuries went up 14% compared to the first sixth months of 2015.

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