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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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super%20lawyers.jpg Peter J. Saghir has been selected to the 2013 New York Super Lawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in New York are selected by the research team at Super Lawyers to receive this honor.

Since joining the firm, Peter’s focus has been on the preparation of catastrophic personal injury cases, complex medical malpractice cases, construction accident cases, car accident cases product liability cases and wrongful death cases. His primary responsibilities include all aspects of the preparation of a case including taking depositions, drafting and arguing motions and trials.

Our congratulations to Peter on receiving this honor at this early point in his career. It is well deserved.

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Work injuries resulting in death have been on the decline for the last 20 years. The total number of workers who died on the job was 4,383 in 2012 compared to 4,693 in 2011 and 6,217 twenty years ago according to the preliminary 2012 data from the U.S. Bureau of Labor Statistics published at the end of last month.

The decline is also confirmed in the preliminary rate of fatal work injuries which was 3.2 fatal work injuries per 100,000 full time worker in 2012 compared to 3.5 in 2011.

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1697 motorists, 2055 passengers, 470 cyclists and 855 pedestrians suffered personal injury while 10 motorists and 12 pedestrians died in traffic accidents in New York City during the month of July according to the most recent data from the NYPD.

The number of accidents amounted to a total of 17,548 for the month of July. “Driver inattention and distraction” was the biggest contributing factor of personal injuries and wrongful deaths followed by “following too closely” and “failure to yield the right of way”.

Looking at each borough, Brooklyn recorded the highest number of personal injuries with 517 motorists, 675 passengers, 295 pedestrians and 195 cyclists injured in traffic accidents. Queens recorded the most deaths with 5 motorists and 3 pedestrians killed.

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A woman was struck and killed by a hit and run driver in the Bronx, New York, yesterday night after a a club bouncer asked everybody to exit the club because someone had a gun. Over a hundred patrons started to run out of the club and poured across the street in a panic. As she was running away, a young woman was struck and killed by a car who sped away without even slowing down.

Nightclub owners are responsible for providing adequate safety for their patrons. This includes the responsibility to hire an adequate number of properly trained security employees who can monitor the crowd in any type of situation and are able to act effectively when problems arise. In this particular case, the security staff seems to have been completely overwhelmed by the situation. Therefore the club owner may be liable for negligent security.

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After a woman was struck by a truck causing her death at the Ocean Parkway Intersection in Brooklyn last June (see our previous blog), the New York Sate Department of Transportation finally approved a $200,000 crosswalk makeover that had been delayed since 2012.

A pedestrian island and other enhancements that will improve safety for all users will be installed on Ocean Parkway near Church Ave where cars funnel onto the expressway.

The construction is expected to start this fall.

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An elderly woman was struck and killed by a bus yesterday in Brooklyn, New York. This is the second MTA Bus accident that happened in Brooklyn in less than a week. On August 25th we reported in a previous blog that a young bicyclist was severely injured after being struck by an MTA bus.

Among the 5 New York boroughs, Brooklyn is the deadliest for pedestrians and bicyclists. In 2012 Brooklyn recorded 48 pedestrian and cyclist fatalities, Manhattan 41, Queens 40, the Bronx 19, and Staten Island 7.

Read more in the New York Post


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A 19 year old driver whose driving license was suspended crashed his car into an elevated subway pillar on Rockaway Freeway killing the 15 year old passenger and severely injuring the other teen passenger. The driver who sustained only minor injuries was driving over the speed limit according to the police. Read More in the Daily News.

Speeding is a factor in a third of fatal crashes involving teen drivers in the United States.

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New data from New York DOH unveil mortality rates for cardiac surgery by hospitals and by type of procedure. Even though some procedures are by nature riskier than others, New Yorkers suffering from heart conditions should understand that not every hospital offers the same level of safety.

Based on the data provided by The New York State Health Department here are some of the findings:

Valve surgery is the riskiest type of cardiac surgery with a mortality rate of 4.59% for New York State between 2008 and 2010. PCI or Percutaneous Coronary Intervention, sometimes also called coronary angioplasty or coronary stenting is the less risky of all types of cardiac surgeries as long as it is a planned surgery. It becomes riskier when it is an emergency procedure.


The following graphs show the mortality rate by hospital for the various type of procedures. Because some hospitals may deal with riskier cases than others the graphs show 3 types of mortality rates:
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football%20helmet.jpg“No helmet system can protect you from serious brain and/or neck injuries including paralysis or death. To avoid these risks, do not engage in the sport of football” is the type of language that consumers will read on most warning labels when they purchase a football helmet these days.

Football has a very high incidence of catastrophic personal injuries with traumatic brain injury and cervical spinal cord injury being the most common. Recent lawsuits have accused the league and some product manufacturers of hiding evidence or not properly warning about the dangers of repeated head trauma.

In a recent article, Ken Belson, a sport reporter for the New York Times, gives a complete overview of what type of warning helmet manufacturers are using Today to warn the players and to protect themselves from a product liability lawsuit.