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 Wrongful Death

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most%20wanted.jpgTransportation accidents are killing and injuring thousands of people every year. Many of these accidents are preventable.

To support and increased awareness of the most critical changes needed to reduce these accidents the NTSB is releasing every year its most wanted list.

This year, distracted driving caused by portable electronic devices (PEDs) is at the top of this list, followed by substance impairment while operating a vehicle and helicopter safety. Implementation of train control, improvement of rail tank car safety, increased safety in mass transportation, prevention of loss of control in non-airline flights, medical fitness for duty, strengthening of commercial trucking safety and strengthening procedural compliance among airlines are the other priorities on the NTSB Most Wanted List.

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Death, injury and warranty claims can serve as an early warning of defects or other problems in a car and manufacturers are required by law to submit this information to the government. For the last 11 years, Honda consistently under reported these claims and was fined $70 million for not doing so (see Honda Fined for Violations of Safety Law).Even though this penalty is the highest amount ever fined a car manufacturer by the federal regulators it still seems very modest in comparison to the revenue of the giant car manufacturers. The Obama administration wants to raise the maximum fine to $300 million but would that be enough?

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A man working in an elevator shaft was crushed to death by an empty elevator that moved down 3 floors at 75th West End Ave on the Upper West Side in Manhattan, NYC. A resident of the building complained that “elevators have been a mess in the building for years”. The building received 12 elevator violations since 2003 and 3 major violations for poor maintenance from last year are still open. The Brodsky Organization which owns and manages the building says it was in the process of modernizing the elevators.

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cruise%20medical.jpgIn 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times

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28 year old Prezidor Porbeni surrendered and admitted that he fled the police after he fatally hit a woman with his SUV in Harlem, NYC, on New Year’s eve.

The victim, 44 year old photographer Guler Ugur-Yaacobi (see picture), was hit by the SUV near the intersection of W.113th St and Amsterdam Ave at the beginning of the evening on December 31st. The impact was so strong that witnesses said the woman was sent 80 feet down Amsterdam. She was pronounced dead when she arrived at the hospital.

Porbeni turned himself in after the police released surveillance video and asked the public to help them find Porbeni’s 2006 Land Rover. He was arrested and charged with leaving the scene of an accident resulting in death and driving with a suspended license.

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kitchen%20fire%20prevention.jpgHome cooking is the number one cause of fire accidents and fire injuries in New York. 33 % of these fires are caused by unattended cooking. The most recent one happened in Queens, NYC, last week when a family left a traditional Haitian holiday soup unattended on the stove. The fire spread from the stove to the dining area and then to the living room and down the hall to the bedrooms. 3 people were killed and several firefighters suffered personal injuries as they were trying to save the victims.

Unattended cooking often happens when the cook becomes distracted and leaves the kitchen for various reasons such as answering the phone or the bell, looking at TVor taking care of the kids.

To avoid fire accidents, remember to stay in the kitchen all the time when you are cooking. Also avoid wearing loose sleeves that can catch fire and keep the area around the stove free of paper towels or anything than can catch fire. Keep children away from the stove and turn pot handles on the wall side. Avoid very high temperatures and in case of a pan fire do not use water but baking soda or shut off the heat and use a mitt and a lid to cover the fire.

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Dylon%20Ramirez.jpg16 year old Dylon Ramirez is dead and a 15 year old female is in critical condition as a result of a pedestrian accident that happened yesterday around 5pm at the intersection of Baychester Ave and Crawford Ave in the Bronx, NYC.

Both teenagers were crossing the road when a Honda hit them. The impact propelled the young man into the other lane of traffic where he was struck by another car.

The driver of the Honda fled but later came back to the scene of the accident and was arrested by the Police.

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Winter%20Weather%20Driving.jpgWinter weather conditions make the roads more dangerous and increase the risk of a car accident that could result in severe personal injury or death. Before you take a trip make sure to check the weather forecast and the road conditions and also verify if you need tire chains. Safe driving is key to prevent car accidents during the winter. Here are a few basic safety tips that can make a big difference when driving on wintry roads:

– Brush the snow and the ice from your car before driving – Buckle up. Seat belts are the most effective way to prevent death or severe injuries in a crash – Check the weather forecast and plan ahead what you will do if conditions are getting worse – Allow yourself a lot of extra time to your destination – Keep your headlights on all the time so you are more visible to others
– Drive smoothly, abrupt driving maneuvers such as sudden braking can be fatal – Lower your speed and allow extra space between you and the car in front of you

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Tubing misconnections are medical errors that can lead to severe personal injury or death.These errors often happen when a doctor or a nurse mistakenly connect tubes for different functions together, for example connecting a feeding tube to a tracheostomy tube. To avoid these type of errors, new ISO standards have been developed for tubing connectors. The objective of these new connectors is to make it impossible to connect tubes used for different functions. The first ISO connector standard has already been adopted and others will gradually be introduced and adopted throughout 2014 and 2015. During the transition phase however new risks of tubing misconnections will arise and the Joint Commission is urging hospitals and healthcare providers to take all necessary measures to prepare for the new standards by building awareness and communicate across their facility, prepare and train the staff, adopt the new connectors and measure the accomplished progress.

Download the Powerpoint presentation of the Joint Commission webinar

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fall%20prevention%20in%20residential%20construction.pngFalls from heights are the most common cause of construction workers deaths and this number is especially concerning in the residential construction sector. To address this issue, OSHA is now enforcing similar safety standards in home building and in commercial construction. Despite this effort, falls in residential construction continues to kill thousands of construction workers every year.

Recently a group of researchers from the Washington University of St Louis joined forces with the Carpenters’union and residential contractors to launch 3 initiatives targeting apprentices, foremen and contractors as part of a research study. A revised apprenticeship training taught foremen and contractors how to choose fall prevention methods adapted to each specific situation and subsequently how to communicate these methods to their workers. As part of the study, contractors can also try new fall protection equipment on their construction site.

Participants not only increased their fall prevention knowledge but also communicated better between themselves about fall risks and how to prevent them. The study also led to a higher use of fall protection devices by workers.

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