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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OSHA logoA NY roofing contractor, Elite Roofing Services Inc., has been subjected to the second-highest OSHA fine in the fourth quarter of 2023, amounting to $522,527.

This substantial fine was levied following an accident at a Glen Cove, New York, jobsite, where a worker’s fatal fall could have been prevented with the proper implementation of fall protection measures, such as guardrails, safety nets, or personal fall arrest systems. The tragedy brings to the forefront the grave consequences of neglecting safety protocols and the imperative need for vigilance and compliance to prevent such incidents.

OSHA’s findings revealed that Elite Roofing Services Inc. did not furnish its workers with the necessary fall protections while they were installing a metal deck on a flat roof, leading to a worker plummeting 20 feet to a concrete floor below. This incident resulted in the issuance of six willful violations by OSHA, each corresponding to a worker exposed to fall hazards, and one serious violation for failing to train workers on proper fall protection techniques.

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Wishing you a joyful and restful holiday season from all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf! May your days be filled with warmth, laughter, and the company of loved ones. As we reflect on the year behind us and look forward to the opportunities ahead, we’re grateful for the trust you’ve placed in our firm. Thank you for allowing us to serve you, and here’s to a prosperous and peaceful New Year. Happy Holidays!” 🎄✨

Bloom, Hershenhorn, Steigman & Mackauf

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E-bike now legal in NYCThe New York City Council is currently considering a package of bills aimed at addressing the fire safety concerns surrounding e-bikes and lithium-ion batteries.

The primary concern driving this legislation is the risk of fires caused by uncertified e-bikes and lithium-ion batteries. Just this kast week-end in Brooklyn, a firefighter was injured when a warehouse fire, likely sparked by an e-bike, erupted. According to City Council members, this year alone has seen 208 fires ignited by lithium-ion batteries, resulting in 14 tragic deaths and 116 injuries. As lithium battery accident lawyers we believe that these alarming statistics underscore the pressing need for action.

The proposed bill would mandate that delivery platforms like DoorDash and Uber Eats provide their workers with safe and certified e-bikes. This move is seen as a crucial step in mitigating the risk associated with faulty e-bikes and batteries. While the intention behind the bill is clear – protecting the safety of delivery workers and the public – it has sparked a heated debate.

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construction workers must be protectedIn the wake of the COVID-19 pandemic, the construction industry faced a crisis that often went unnoticed amidst the chaos of the world. While most were concerned with the virus’s immediate impact, there was another silent epidemic silently plaguing the hardworking individuals in the construction sector – drug overdoses.

A recent report from the Centers for Disease Control and Prevention (CDC) has brought to the forefront a startling revelation: construction and extraction jobs topped the list with 162.6 drug overdose deaths per 100,000 workers during the first year of the pandemic. This staggering statistic is a wake-up call to the dire state of affairs within the construction industry.

The CDC report also revealed that the drug overdose rate in the United States increased steadily from 1999 to 2020. In 2021, the U.S. drug overdose rate was a shocking 50% higher than in 2019. While provisional data from 2022 showed a 2% drop in drug overdoses from the previous year, the construction industry still remains at the forefront of this crisis.

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excavation in the streets of New YorkAs construction accident attorneys who represent workers injured or killed in trench collapse, we have firsthand experience with the repercussions of disregarding safety guidelines during excavation. The hazards linked with excavation and trenching activities are no secret to construction workers either. In New York, a law known as “Carlos’ Law” was signed by Governor Hochul last December, which increases penalties for corporate criminal liability due to the death or serious injury of an employee, whether a felony or misdemeanor. This law allows for fines of up to $500,000 and was named after Carlos Moncayo, a 22-year-old construction worker who tragically died in a trench collapse at a Manhattan construction site. His employers ignored repeated warnings about the hazardous conditions.

One of the primary reasons why excavation and trenching activities pose significant danger is the weight of dirt

It is easy to underestimate how heavy soil can be, but the reality is that a single cubic yard of dirt can weigh as much as a mid-sized car. This weight makes excavating the earth a perilous task, especially when dealing with trenches – excavations that are deeper than they are wide. A single minor mistake or miscalculation can lead to disaster in a matter of seconds. Even a partial trench cave-in can have devastating consequences, including workers being crushed within seconds, even if parts of their upper bodies are above the ground.

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As NY construction accident attorneys, we commend Governor Kathy Hochul’s announcement to commemorate National Work Zone Awareness Week and launch an Automated Work Zone Speed Monitoring Pilot Program. The initiative is aimed at protecting highway workers and enforcing speed limits in construction and maintenance work zones along New York State highways.

Construction workers face numerous hazards, and one of the most dangerous is working in highway work zones. NY Highway workers are particularly vulnerable to accidents caused by speeding vehicles. The rise in work zone speed violations in recent years has resulted in numerous highway worker injuries and several deaths among state and contractor personnel. Therefore, this program is a step in the right direction in ensuring the safety of highway workers.

The Automated Work Zone Speed Monitoring pilot program was established by legislation signed into law by Governor Hochul. Under the program, all vehicles detected violating the posted speed limit within a work zone by over an established threshold will be fined.

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Lithium ion battery can be dangerousA 67 year old woman was critically injured in a fire sparked by a defective lithium-ion battery in Brooklyn, NYC yesterday early morning.

The victim was residing in a building located on Goodwin Place  in Bushwick and was probably asleep when the fire erupted around 1:40 am on Tuesday morning.  The fire started in an apartment that one of the tenants had transformed into a lithium battery repair shop. 50 lithium batteries were found there by the firefighters. It is not clear how many batteries exploded but the FDNY said that the fire sparked so fast and was so intense that the fire alarms and the sprinkler system which were working, were of no help.   When firefighters arrived, all 3 floors of the building were ravaged by the blaze. They were still able to find the victim but she was already in bad condition. Another victim suffered minor injuries. The tenant who was running the off-the-book repair shop was not home at the time of the explosion but had left several batteries to charge overnight.

The FDNY told the NY daily News that since the beginning of this year, they have been responding to an average of 3 fires caused by lithium batteries every week.

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3 pedestrians are in critical condition after a drunk driver lost control of his vehicle and crashed into them in Jackson Heights, Queens, NYC.

The accident occurred around 4:20 am early Saturday morning at the intersection of Northern Boulevard and 86th Street. A video surveillance shows the 3 young men aged 25, 28 and 32, chatting at the corner of the intersection of the two streets when suddenly a SUV traveling at a high rate of speed lost control of his vehicle as he was trying to pass another car and slammed into the pedestrians.

The 23 year old driver of the SUV was taken into custody and is expected to be charged with DWI.

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patient transition can result in medical errorIn a recent study analyzing 5,270 medical malpractice claims related to medical events occurring between  2017 and 2019, Coverys, a company providing Medical malpractice Insurance, found that 210 of them were medical malpractice related to negligent care transition that led to an alleged medical error. While medical malpractice related to care transition only represents a small share of  all medical malpractice, they have a higher risk of resulting in severe injuries to patients and trigger claims that will result in payments of verdicts and settlements.

When a patient transitions from one healthcare provider to another, it can be difficult for the healthcare providers to proprely collaborate. Miscommunication can occur not only between people but also in the electronic medical records of the patient. Early or rushed discharge as well as not proprely informing the patient and his family about the transition process can also lead to medical errors.

Here are some of the most important findings of this study:

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A New York City assistant principal planned a sexual encounter with a 14 year old boy on Grindr and instead found himself facing an adult who filmed the encounter and uploaded it on Youtube. Earlier this year, 40 year old Claudio Garcia who works at Queens Technical High School in Long Island City as an assistant principal, was on Grindr and starting to chat with a boy who told him first that he was 18 but then said he was actually 14. Garcia then planned a meeting with him in a park that was supposedly near the boy’s Bronx house. When he arrived at the meeting, an adult man was there. The encounter was filmed and posted on YouTube.

The Police recently arrested Garcia and brought him to the 52nd Precinct to be questioned. He was then charged with attempted criminal sex act and disseminating indecent materials to minors.

Garcia was arraigned yesterday night in Bronx criminal court. While the DA consented to release Garcia without bail, Judge Audrey Stone ordered Garcia to be on supervised release. “Given the nature of Mr. Garcia’s status within the community and the very serious charges here, I believe supervised release at a minimum would be appropriate,” the judge said. “Mr. Garcia, I want to explain to you that I understand that the D.A.’s office is requesting release without any conditions, however, these are very significant changes.”

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