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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dangerous sleeper recalledThe Fisher Price rock’n play sleeper is dangerous as babies not only can roll over when unrestrained but they can also suffocate or die from strangulation. A recent investigation by Consumer Reports found that at least 32 babies died in accidents that occurred while they were resting in the Rock’n Play sleeper. A few days after the investigation was published, Fisher Price announced that it was recalling all 4.7 million Rock and Play sleepers.

Rock’n Play sleepers are inclined padded sleepers that automatically rock the babies to put them asleep. The product requires the baby to be inclined on its back and to be restrained which the American Academy of Pediatrics (AAP) doesn’t recommend. Safe sleep guidelines from the AAP recommend that babies be put in their bed alone on their back on a firm flat mattress, free form soft bedding.

Positional Asphixia

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Gregory EchevarriaA NYC hard hat who was installing a crane died after the counter weight he was setting fell on him.

34 year old Gregory Echevarria was part of a crew installing a crane at a luxury residential development located at 570 Broome Street in Soho early Saturday morning. A little bit after 3:00 am the crane counterweight that Echevarria was installing slipped and fatally struck him. The crew immediately called 911. When the EMS crew arrived they found him unresponsive with severe injuries all over his body. He was declared dead at the scene of the accident. Two other workers were also injured in the accident.  People who were in the area at the time of the accident reported a very loud sound as the 7.5 ton counterweight fell.

After the accident the crane was moved and a stop work order was issued by the Department of Buildings. The 570 Broom project is being built by  Agime Group. KSK Construction Group is managing the construction project. The DOB previously received several safety complaints for the site.

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Sydney MonfriesA student fell to her death in New York after trying to climb to the top of the Bell Tower at Fordham University.  22 year old Sydney Monfries was among a group of students who, at 3:00 am on Sunday morning decided to climb to the top of the Keating Hall and Bell Tower to take pictures and admire the view. As they were climbing up, Sydney fell through a hole in one of the stairway landings. She fell 30 to 40 feet and landed on the ground inside the tower. EMS found here there with multiple trauma to her head and body and had trouble getting a pulse. They were able to reanimate her and to rush her to the hospital. She was on life  support for a few hours and ultimately died from her injuries.

A senior at Fordham College, Sydney was supposed to graduate in May. An intern at InStyle magazine, Sydney was studying journalism and specialized in digital technology and emerging media. She was a native of Portland, Oregon.

Fordham President, Joseph McShane told the parents they would receive a bachelor degree in journalism posthumously at an appropriate time.

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A young construction worker fatally fell from a building in New York City last Wednesday. 23 year old Erik Mendoza was replacing bricks underneath a water tower located on the rooftop of  1 Pierrepont Street in Brooklyn Heights when he fell off the building. A Mexican immigrant, Mendoza had arrived in the US 5 years ago.  He had just started his job as a construction worker for the building a week before the accident.

No permit required doesn’t mean no worker protection

The work Mendoza was doing wasn’t didn’t require a permit, however it is the responsibility of the employer to make sure that employees effectuate their work in safe conditions. As he was working under the water tower with a colleague, he slipped and fell 13 stories, landing in front of the entrance of the luxury co-op pre-war building.

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Fall Prevention Campaign887 workers lost their life after falling at their job sites in 2017 according to the most recent data from the Bureau of Labor Statistics. This is the highest number of fall deaths ever recorded by the BLS since the agency started to track these numbers almost 30 years ago. Fall fatalities account for 17% of all job-related fatalities and 40% of all construction job-related fatalities.

The most at risk are often construction workers with little training and experience who have been hired to work on construction sites after the recent boom in construction led to a labor force shortage in the industry. 60% of construction workers who died in a fall in 2017 were working for small companies (1 to 10 workers). As a comparison small construction companies only hire a third of the workforce in the construction industry in the US. Small companies are often hired for residential construction, a sector where fatal falls more than doubled between 2010 and 2015. Hispanic workers are the most at risk of dying in a fall accident. Language barrier, little training and also the fear of immigration authorities preventing undocumented workers to report dangerous conditions to OSHA are among the factors that led Hispanic workers to perform some of the most dangerous jobs in the construction industry.

Fall related violations are the most common OSHA violations

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tractor-trailer-accident-locationThe driver of a tractor trailer died in an accident in New York City yesterday afternoon. According to the police, 63 year old Atlas Banks may have suffered a heart attack while he was driving his Freightliner tractor trailer Thursday afternoon in the Bronx. As he was making a left turn onto Coster from Randall, the tractor trailer jumped the curb and hit a pole. Then the truck just kept going hitting a parked car with passengers on board and a parked pick-up truck. The pick up truck then hit two other parked vehicles.

The driver of the truck was rushed to the hospital but he couldn’t be saved. The front passenger of the parked car suffered neck and back pain and was transported to the hospital to be treated. Read more in the NY Daily News

Keeping in shape while driving a truck is not always easy

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93,800 people were injured in an ATV accident and treated in a hospital in 2017 compared to 150,900 in 2007. 295 died in 2017 in an ATV accident compared to 832 in 2007. While still being dangerous and accounting for a significant number of injuries and deaths to adults and to children, a recent report from the CPSC indicates that ATVs have been getting safer over the years.

ATVs are not only popular with teenagers but also with children.  Among the 93,800 people who check into emergency rooms for ATV injury, 24,800 or 26% of them were younger than 16 and among these 24,800 47% of them or 11,700 were younger than 12.  In 2007 among the 150,900 people injured in ATV accidents 27% of them were younger than 16-year-old and half of them were younger than 12-year-old.

Among the various age categories the most significant decline of injuries over 10 years was recorded among the 16 to 24- year-old category.

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NYC-Personal-Injury-Attorneys-Rubinowitz-Torgan-SaghirIn an article published Today in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz,  Evan Torgan  and Peter Saghir discuss trial techniques to secure winning verdicts.

One of these techniques is to FRAME an issue that can be explored during cross examination, reinforced during final argument and one that leaves the jury with an indelible impression that will last well into jury deliberations.

Our managing partner, Ben Rubinowitz, has been recognized for his expert commentary in the NYLJ for the past 19 years.

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311 E. 50th Street scaffolding accident locationA stone fell on the head of a NYC construction worker and killed him on Monday. 51 year old Nelson Salinas from Queens was on a scaffold, repairing the facade of  an Upper East Side residential building in Manhattan when the accident occurred.   A delivery man saw him dangling in midair with his head covered in blood and called 911. The worker was rushed to the hospital but he couldn’t be saved.

Nelson Salinas who was employed by Vlad Restoration, was performing minor facade repair on a suspended scaffold system. He was located at the 7th floor level of the 14-story building locates at 311 E. 50th Street near Second Ave when a coping stone that may have been knocked loose by the equipment used to secure the scaffolding to the facade fell on his head.  According to the Department of Buildings investigators the stone was a piece of the building’s parapet.  Read more about the accident in the NY Daily News

Preventing NYC Scaffold Accidents

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A terrifying video surveillance footage showing a speeding car striking a young pedestrian in the crosswalk in New York City was released by the police in the hope of finding the car driver.

The video shows a Dodge Challenger racing down 47th Street, a residential street in Borough Park, and hitting 14 year old Xin Yi Wang at full speed sending her flying across Ninth Ave. The pedestrian who was in the crosswalk and had the right of way at the time of the accident was almost hit by another vehicle after she landed on Ninth Avenue . The driver of the car, a white woman in her 30/40ies, stopped the car and stepped out of it to check on the victim. She asked her if she could bring her back home and the victim refused. Then a witness called 911 and the driver left the scene of the accident.

Amazingly Xin Yi Wang survived the crash and only suffered bruises to her torso and legs as well as a big bump on her head.

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