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.

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Julia Sands and Daniel PollakIn their recent article in the New York Law Journal, Julia Sands, A New York Attorney and Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City, write: “Discrimination based on gender in many settings is illegal. However, because children in group homes are a particularly sensitive and vulnerable population to work with, there is a potentially tricky balance between steering clear of discrimination while hiring”. There is little information that can be found about the gender of staff members in group homes and there is no legislation in this field. In the article, Sands and Pollack review legal cases in the correction field  dealing with cross-gender supervision that may serve as examples for the residential group home arena.

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640px-Penn_Station_NYC_main_entranceThis morning a train derailed in New York City causing morning commute delays. This accident occurred early this morning at Penn Station as thousands were on their way to work.  Thankfully nobody was injured as there were no passengers on the train. The conductor and the motorman were the only ones on board. They didn’t sustain any injury. The train was a New Jersey Transit Train. It had just pulled up from the Yard when the accident occurred.  The train cars blocked several tracks before being lifted back to their track causing delays. Since the month of May 4 trains derailed in Penn Station. Penn Station is considered the busiest train hub in America. This summer the tracks are undergoing a massive 8 week project to replace aging tracks and signals. Commuters nicknamed the project “summer of hell” but most of them are tolerated as long as the project continues. This morning there was also a small fire in a train tunnel between Queens and Grand Central Station that forced commuters to find alternate ways to get to work.

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A man was injured in a scary bus accident in Brooklyn, NYC yesterday around 12:30 am.   The accident occurred on Palmetto Street in Bushwick.

For some unknown reason, the bus driver, Shatimma Simmons, decided to exit the bus. It was Shatimma’s third day on the job and she mistakenly left the bus in neutral instead of park. After she stepped out of the vehicle, the bus started to roll backward down Palmetto street. According to witnesses, the driver started to run after the bus while screaming “Help! Help! Please stop the bus!”. The vehicle rolled backwards down 3 blocks  at full speed and without a driver  while witnesses watched in horror.

The bus slammed into several vehicles before crashing into the wall of St. Paul’s Evangelical Lutheran Church on Knickerbocker Ave. The bus first drove through the church fence and then hit one of the brick columns. Nicholas Rivera was in the process of changing headlights on his BMW when the bus slammed into it. The man was sent flying into the street. Witnesses saw blood pouring out of his face while he was lying on his back.  He was transported to the hospital to be treated. Fortunately he only suffered minor injuries and was released the same day. The 30 year old bus driver was also taken to the hospital to be observed. She wasn’t physicality injured but she was definitely under intense stress. She was mumbling and seemed extremely upset.  Her error caused thousands of dollars of damages on at least 10 cars and the church property.

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Daniel-Pollack-1Lawyers working with Native Americans and American Indians clients may sometimes need specifically targeted legal resources. In a recent note, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City put together an abridged listing of helpful national and regional legal resources.

5.2 million Americans identify themselves as American Indians and Alaska Natives. 2.9 million of them are solely from Native descent. 2.3 million of them are of mixed descent (native combined with one or several other races).  They have a unique legal status in the US that often requires specific resources and knowledge while working on their cases.

The complete note can be downloaded here


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e-cigratteA defective e-cigarette battery exploded in the pocket of a man driving his car in New York City, seriously injuring him. 24 year old Ricardo Jiminez  suffered a large second-degree burn on his thigh and right hand after the e-cigarette exploded in his jeans pocket. At the time of the accident, Ricardo was driving his car. As he felt heat in his pocket he put his hand in his pocket to take the battery out. At the same time the battery exploded. Smoke invaded the car. Quickly Ricardo put the car in park, jumped out of it and removed his pants. As he was doing so a police officer saw him and called for an ambulance.

Another man was burned by a defective e-cigarette battery in New York around two weeks ago. The man was working at a wine store in Grand Central Station when the accident happened.

Recently, an increased number of people have been severely burned by exploding E-Cigarette batteries all around the world. The explosions are usually caused by poorly manufactured lithium-ion batteries. Lithium-ion batteries are used in many electronic consumer goods. While many e-cigarettes batteries are produced in China by little known manufacturers, the recent lithium battery explosion also affected large worldwide manufacturers. Recently Samsung had to recall and stop the sale of its latest cell phone after multiple reports of defective battery explosions.  Hover-boards batteries also have led to multiple explosions that sometimes led to the destruction of entire houses.

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Jeffrey BloomOur partner, New York Personal Injury Lawyer Jeff Bloom, will be speaking at the New York State Bar Association “Bridging the Gap” Seminar. This seminar will take place on Wednesday November 30 and Thursday December 1st at CUNY Graduate Center, 365 Fifth Avenue in Manhattan. The seminar will be broadcast live in Albany and Buffalo. Attendants at these two locations will have the opportunity to communicate live with New York Speakers. “Bridging the gap” is a CLE seminar dedicated to recent graduates and newly admitted attorneys. Jeff will present an Examination of the Defendant by the plaintiff’s Attorney. He will address the following points:

  • Should the Defendant be the Plaintiff’s First Witness?
  • Your Manner
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Construction worker helpin another one to set up safety harness

Picture source: Wikipedia. Photos taken on residential construction sites which use fall arrest systems

Construction workers have a higher risk of accidents than many other workers in other industries. According to the most recent census of fatal occupational injuries, 611 workers died in construction accidents in the US in 2014. It is the highest number of construction worker deaths since 2009.

Most studies about construction workers safety present the management perspective. In a recently published study, the Center for Construction Research and Training (CPWR) focuses on workers perception.

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NYC MTA Subway logoOne MTA worker was seriously injured and another one died in a subway accident in NYC yesterday. The two men were working on the southbound G train track between the Fort Hamilton Parkway and Church Ave. stations in Kensington, Brooklyn. A little after midnight, a train running on the track struck them both. Emergency workers rushed to the location of the accident. One of the workers, a 53 year old man was transported to the hospital in critical condition. He later died from his injuries. The other worker, a 49 year old man, was also transported to the hospital. He was seriously injured but in stable condition. It is not clear why the two men were working on the track when the  subway train was in service. Read more in the NY Daily News