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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Esport compettionJust like in any other sports, college eSport athletes suffer from specific injuries, the most common being eye fatigue, neck and back pain, wrist pain and hand pain.

Esport, or professional video gaming,  is rapidly expanding all over the world. In the US more than 50 universities have their own varsity gaming teams with almost half of them offering eSport scholarships the same way they do for traditional sports. Esport is currently being investigated by the National Collegiate Athletic Association to be recognized as a sport discipline and was recognized as such by the International Olympic Committee in October 2017. More people watch eSport than watch the World Series or the NBA finals. Projections estimate that 427 million people will be watching eSport in 2019 with prizes won by players and sponsorship  exceeding $ 1.5 billion.

A recent study by the British Journal of Medicine found that  eSport athletes, despite being the subject of much controversy because of their quasi physical inactivity, are also getting injured.  College eSport athletes demonstrate manual dexterity, thinking skills and reactions times that average players are unable to match.  In order to get to that level, they practice 3 to 4 hours a day at school and often continue at home.

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NYC Construction AccidentThe DOB recently released the presentations made at  last year’s Build Safe/Live Safe Conference. Among them,  “Construction Safety, Year in Review, Recent and Upcoming Changes” by Timothy Hogan and Patrick Wehle reviews and documents with pictures every fatal and near miss construction accident that occurred in New York City in 2017. Among the 12 fatalities, 1 worker died from electrocution and 11 died in falls that could have been prevented by following safety guidelines. In all 11 accidents, workers either weren’t wearing a harness or were wearing it but it wasn’t tied off proprely or not at all.

Near Misses resulting in serious injuries

The presentation also highlights 6 near misses that resulted in serious injuries for workers. These accidents were completely avoidable, related to the decision of the contractor and required extensive rescue operations. In one of the accidents a crane that was illegally modified dropped a 15,000 pound shearing hammer on a construction worker’s leg. Two accidents were related to a floor collapsing on workers because of overload. A shoring failure caused 6 workers to be caught in a collapse of 12+ yards of concrete. A small crane overturned after a stressed out operator failed to deploy the outriggers. 6 workers doing demo almost died in a roof collapse.

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construction safety weekNew York Construction Safety Week will take place from May 6 to 10 2019.  During this yearly awareness campaign staff members from the New York City Department of Buildings visit construction sites and promote safety. The week ends with the Build Safe, Live Safe Conference.

The subject of the multilingual campaign is “Experience is not Enough”. The campaign promotes the use of safety equipment especially fall protection. No matter how experienced a construction worker is or how many years he spent in his job, he should always use fall protection. Fall is the number one cause of fatalities in construction sites in New York and in the US. Employers are responsible to provide a safe work environment and prevent workers from falling. Leading edge and floor openings must be protected by guardrails, cable, netting, solid barrier or solid planking. If workers are performing tasks near an unprotected open floor, leading edge or shaft, they are required to wear a safety harness that is proprely connected to an approved anchor point. The campaign will also promote the safe usage of extension cords and the prevention of tripping hazards. Additionally, DOB staff members will provide tips on how to keep a construction site clean and ordered to prevent accidents. Construction workers will also be briefed on how to keep the public safe when walking near a construction site.

A conference to make construction in NYC safer

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Super-lawyers-goldOur New York Personal Injury Law Firm is proud to announce that 9 of our attorneys have been named 2019 Super Lawyers and 2 of them 2019 Rising Stars. Additionally, our managing partner Ben Rubinowitz, made the Top 10 New York Metro Super Lawyers list and 3 partners were listed in the Top 100 New York Metro Super Lawyers list.

These lawyers are:

  • Anthony Gair, named Super Lawyer every year since 2006 and listed in the 2019 Top 100 New York Metro Super Lawyers
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141street-and-AmsterdamA pedestrian was killed by a hit and run driver in New York on Friday. 26 year old Erica Imbasciani was fatally pinned against a parked car by a speeding hit and run driver on 141st Street and Amsterdam on Friday night. The driver was caught by the police and identified as 27 year old Tyrik Cooper.  The police alleged the driver was on drugs and he was slapped with numerous charges including driving without a license, leaving the scene of an accident and vehicular manslaughter.  The young female pedestrian suffered massive head and body trauma. She was rushed to the hospital but didn’t survive.

Community Board  opposed Vision Zero  street safety redesign

The accident occurred in an area that had been targeted by Vision Zero for a safety street redesign as early as March 2017 that had been opposed by the community board. On March 2017, the DOT presented a proposal to the Community Board 9 to eliminate one through lane in both directions and add an unprotected bike lane as well as other traffic calming measures such as left turn treatments and pedestrian islands on Amsterdam Avenue between 113rd Street and 162nd Street. The street redesign was proposed after statistics indicated that the area was particularly prone to speeding and reckless driving. Four pedestrians were killed and 28 of them were injured on this street segment between 2010 and 2014. An additional 8 people were  also injured in bicycle accidents during the same time and in the same area.

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Speed cameras have proven to significantly reduce car accidents related to speed in NYC school zones. Sine the first cameras were installed in 2013, statistics show that speeding went down by 63% in the 160 zones where the cameras have been installed. Four million speeding tickets have been issued over four years by the first program. Drivers who exceed by more than 10 miles the 25 mph speed limit receive a fine of $50. This amount is less than a school zone speeding ticket given by an NYPD officer which can go from $300 to $1200 depending on cases. After being caught once, drivers usually slow down and rarely get caught a second time. Speed cameras are an effective way to make drivers slow down, make school zones safer and prevent accidents.

Pilot speed cameras program installed in 2013 were temporarily shut down by NY Senate

The first  school zone speed cameras program was launched as a pilot in 2013 and expired last summer after the NY Senate controlled by Republicans  refused to extend it and increase the number of cameras to 290. In order to keep the program alive Governor Cuomo declared a State of Emergency and allowed a bill signed by mayor de Blasio and created by City Council Speaker Corey Johnson and Transportation Committee Chair Ydanis Rodriguez to become law. The bill not only extended the actual 160 speed cameras program but also allowed for the installation of an unlimited number of  additional cameras in the city. The bill was temporary and would only expire if a similar program was signed by the NY legislature. To keep it alive Governor Cuomo had to renew the State of Emergency every month.

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New York Medical Malpractice Lawyer Ben RubinowitzOur managing partner, NYC Medical Malpractice Lawyer Ben Rubinowitz is honored to be invited to the American Urologic Association’s Annual Meeting 2019 held in Chicago, May 3-6 2019. There he will have the opportunity to speak with Practicing Physicians and Hospital Department Chairs about Medical Malpractice in general and about the pitfalls of Electronic Medical Records, In addition, his lecture will focus on doctors’ failure to properly inform their patients of the risks, benefits and alternatives of the proposed treatment, communication errors and recurrent departures from accepted standards of medical care. The goal of the talk is to allow for better patient care.

Click here for more info or to register

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A 63 year old man injured his foot in a crane accident in New York.  The accident occurred around 10:20 pm on Monday night near Penn Station on 34th Street in Midtown Manhattan. As it was lifting material, the arm of the machine collapsed.

The truck mounted crane belonging to the Brooklyn company Lifting Solutions was lifting I-beams for Starr Construction when the hydraulic system failed and the boom crashed on the sidewalk. Pedestrians panicked and ran for cover.  Some of them thought it was an explosion. One person was sent to the emergency room after being injured by the debris.

A  hazardous material team was dispatched by the FDNY to clean up the spill of hydraulic fluid.

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New York Personal Injury Lawyer Ben RubinowitzOur managing partner, NYC personal injury attorney Ben Rubinowitz will be directing the “NITA Drills: A Witness Examination Boot Camp” from April 29 to May 1st 2019.  This program will take place at The National Institute for Trial Advocacy Education Center in Boulder, Colorado.

The Witness Examination Boot Camp is a rapid-fire, three-day program that focuses on direct and cross-examination of witnesses, including impeachment and expert witness variations, as well as methods for delivering killer openings and summations. NITA’s groundbreaking “learning by doing” method ensures you’ll master new skills you never even knew you were missing. You’ll learn not only how to formulate great questions on the spot through muscle memory, but also how to think quickly and effectively on your feet—and the investment you’ve made over just a few days’ time will pay off the instant you step back inside the courtroom or take your next deposition.

Taught twice a year by highly experienced  trial lawyers, members of the Inner Circle of Advocates, American Board of Trial Advocates and NITA’s Board of Trustees, the boot camp is limited to 24 participants to maximize the opportunity for every attendee to drill his or her skills. It usually books quickly so don’t wait too long to reserve your seat.

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accident sceneReckless driving can cause dangerous car accidents in NYC and NYPD officers who are  supposed  to lead by example  and prevent such behavior are indeed the worst offenders. After investigating the driving habits of NYPD personal, Streetblog found that some NYPD officers were repeatedly ticketed for serious violations.  Among the wort drivers was a Park Slope, Brooklyn cop who accumulated 58 serious moving violations and another cop from Harlem in Manhattan who got 41 of them.

Globally when comparing regular drivers to cop drivers, police officers drive their regular car twice as recklessly as regular New Yorkers. Streetblog found that 36% of regular New Yorkers had their car ticketed once for a serious violation compared to 58% for cops’ personal cars. Additionally 19% of regular people’s cars received a second serious violation compared to 37% of cops’ personal cars.

Streetblog also found that if the Reckless Driver Accountability Act would pass, more cops’ cars than regular New Yorkers’  cars would be seized by the City

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