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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FrostbiteAs New York hospitals are gearing up for an increased number of patients visiting the emergency room for cold related injuries it is important that physicians and nurses be up to date with proper management of cold injuries as medical malpractice such as failure to diagnose and timely treat systemic hypothermia can be fatal.

In a recent article published in Medscape, Blair Peters, MD (Resident Physician, Department of Plastic and Reconstructive Surgery, University of Manitoba Faculty of Medicine, Canada) and  Edward W Buchel, MD (Associate Professor of Surgery, Section of Plastic Surgery, University of Manitoba Faculty of Medicine; Head, Consulting Staff, Winnipeg Health Sciences Centre, Canada) provide an in depth analysis of the various types of cold injuries and the most appropriate manner to treat them.

Systemic hypothermia needs immediate treatment

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Many Jesuits priests accused of sexual abuse worked in NYC high schools according to a list released earlier this month by the Jesuits.  Xavier, Regis, Brooklyn Prep and Fordham Prep  which are among New York’s best catholic schools, all appeared to have hired priests who were identified by the Society of Jesus as having a history of sexual abuse found to be “more likely true than not after investigation.”

Alleged sexual predator was still teaching at Masters School

The allegations are from decades ago and 35 priests mentioned on the list have now passed away.  Others have been removed from ministry or restricted from serving in public roles. Most of them have not been teaching for years. However one of them was still teaching at Masters Schools, a prestigious private school with no religious affiliation located in Dobbs Ferry, Westchester,  just North of New York City.  Up until a few days ago Robert Cornigans lived on campus and was an English teacher there.  Cornigans who left the Jesuits in 1981 was hired by the school in 2004 despite allegations that came out in 2003 that he had abused a child in 1976. After the list was published he was immediately forced to resign and to leave his campus residence. The school sent a letter to the parents and the community to apologize and informed them that they would hire an outside firm to investigate the case.

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NYC Motor vehicle accidents injuries reached a record high in 2018. 1,083 pedestrians, 4,281 cyclists, 18,687 passengers and 26,843 motorists suffered personal injury in a crash in New York City in 2018. 60,646 people were injured in NYC traffic accidents in 2018 compared to 58,990 in 2017 and 54,818 in 2013. Over the last five years the number of traffic injuries increased by more than 10%. The main reason for this increase are motorists injured in auto accidents often related to distracted driving. Distracted driving is the number one cause of crashes in New York.

Motor Vehicle Accident Injuries NYC 2018
The total number of traffic fatalities in New York City in 2018 was below 200 for the first time since Vision Zero was implemented. 112 pedestrians, 70 motorists, 9 cyclists and 8 passengers were killed in traffic accidents in the city in 2018. Annual traffic fatalities declined by more than 30% since 2013.

traffic fatalities New York 2018
The total number of crashes in the city has been culminating above 227,000 for the last 3 years with a record 227,924 accidents in 2018. Driver inattention is the primary cause of accidents followed by driver following too closely. Backing unsafely and changing lanes unsafely are two other common causes of accidents in the city. Since 2013 auto accidents increased by 12%.

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helpOn January 28 2019, there was a major development for those who have been victims of sexual abuse as children. Both chambers of the New York State Legislature passed the Child Victims Act, which has been sent to Governor Cuomo for his signature.

The Child Victims Act extends the current statute of limitations for childhood sex abuse that occurred in the state of New York. Under the new law, prosecutors will be able to bring criminal charges against sexual abusers until the victim is 28 years old. The act also allows victims to bring a lawsuit in civil court against their abusers until the age of 55.

In addition, the act allows a one-year window, starting six months from the effective date of the act, for past victims of child sexual abuse to initiate lawsuits against their abusers and the public and private institutions that let the abuse happen. Further, the act eliminates the Notice of Claim requirement for bringing suits against public institutions both prospectively and during the one-year window for past victims.

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Protect construction workers from winter injuriesDuring the winter, New York construction workers face difficult conditions  that put them at risk of specific injuries. Contractors are responsible for their workers safety and they should take extra precautions to protect them from cold related injuries.

The Center for Construction Research and Training (CPWR) just released a serie of infographics in English and Spanish that can be used by contractors to make sure their employees are taking special precautions to protect themselves from winter injuries.

Workers should dress appropriately and contractors should make sure that they provide a heated area for their workers where they can take frequent breaks and drink plenty of warm and sweet beverages. Caffeine and of course alcohol should be avoided.

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e-bikeOn Wednesday, at a hearing on four e-bike and e-scooter bills  Mayor de Blasio and DOT Commissioner Polly Trottenberg indicated that they were not in favor of immediately legalizing the usage e-bikes and and e-scooters. According to them, they are too dangerous and can lead to additional pedestrian and regular bicycle accidents.

Polly Trottenberg said that the DOT had two e-scooter fatalities on record. She also added that New York State should be first to legalize this mode of transportation. However Governor Cuomo recently indicated that localities should be in charge of deciding whether or not they want to legalize e-bikes and e-scooters.

Despite being illegal the usage of e-scooters and e-bikes has been increasingly popular in the city especially among delivery workers.  On Wednesday, many of them were present at a press conference held outside of City Hall before the City Council hearing on the bills.  Delivery workers who are using them for work are fed with paying for tickets that can go up to $500 or have their vehicle confiscated. They want the city to legalize this new mode of transportation as soon as possible. Last year the NYPD confiscated 1,215 e-bikes and distributed 1,154 tickets for using e-bikes. Additionally 1,362 moving violations were issued to e-bike riders during the same period.  For a delivery worker the amount of a ticket can be equivalent to a week of work.

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Location of the deadly limo accident3 months after 20 people were killed in a limousine accident in Schoaries, NY (see previous blog), the National Transportation Safety Board has still not been able to inspect the vehicle. The NTSB has not been able to get closer than 15 feet from the vehicle because the local district attorney is blocking them from doing so. The accident was the deadliest of all traffic accidents in the US since 2009.  The vehicle was a modified 2001 Ford excursion that had failed a state inspection and was driven by a driver that didn’t have the credentials to drive such vehicle.

In certain area such as aviation or train transportation, the NTSB has the legal authority to control the investigation but in highway crashes, local authorities are in charge and in this case the local district attorney has been keeping the federal agency from completing their investigation.

Loss of critical evidence

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US deaths from Methylene ChlorideMethylene Chloride is a dangerous product that has previously caused the death of many people. Short term exposure to methylene chloryde can cause mental confusion, nausea, vomiting , headache and death in the worst cases. In the long term, workers exposed to it can develop cancer, nervous system problems, toxicity in their kidney, liver and reproductive system.Major retailers such as Lowes and Home Depot have removed it from their shelves even before the EPA finalized a ban proposal that was published one day before President Obama left office.  In Europe the deadly chemical was pulled from general use in 2011.

Last May, Scott Pruit confirmed that the EPA was committed to finalize the proposed methylene chloride ban however last month the EPA drafted two new final rules that would ban the use of methylene chloryde to regular consumers but not to commercial operators.  Two new final rules drafted by the EPA allow the usage of the dangerous product for commercial use as long as the workers using it have been trained.  These rules that have not been made public yet but that have been sent by the EPA to the Office of Management and Budget have sparked the furor of public health advocates and and of congressional Democrats. This is a major step back compared to the proposed rule announced by the EPA during the Obama era.

Workers specialized in refinishing bathtubs are the most at risk of dying from Methylene Chloride exposure

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Production_of_cheeseA worker died after falling in a mixing machine in Orangeburg in Rockland County NY. Edwin Nunez, a 41 year old worker at the Icco cheese factory was found dead inside a mixing machine on January 15th around 10:30 am. According to the Daily Voice, Nunez was familiar with the machine. It was his regular assigned workstation.  The accident is being investigated by OSHA.

Industrial mixing machines can be dangerous and injuries and deaths related to mixing machine accidents are sadly not uncommon. In their investigation, OSHA inspectors will have to determine if the machine was installed in compliance with OSHA safety measures and if the worker was sufficiently protected from potential exposure to the machine hazards. The following factors are usually taken into consideration when evaluating employee exposure to industrial mixers:

  • Point of operation: was the employee performing his task from a safe location?
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When  the temperature goes down in New York City the risk of fire accidents increases.

Several people were injured during this long cold weekend in fires that erupted all over New York.

On Saturday morning around 10:00 am 7 people including one resident and 6 firefighters were injured in a five-alarm fire that destroyed a building located on Atlantic Avenue between New Jersey Avenue and Vermont Street in the Brooklyn neighborhood  of Cypress Hills. The cause of the fire is still under investigation. It started in a store in the first floor and then spread to residential floors above. 20 residents had to be evacuated. One of them was injured. Among the six firefighters injured many of them suffered frost bite injuries. 13 people lost their homes.

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