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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The Fire Department of New York is investigating why it took 21 minutes for an ambulance to get to a fire that broke out in a home in Far Rockaway, Queens last Sunday. The calls arrived in the 911 system at 11:51 am and at 11:56 am the firefighters arrived at the location of the blaze. The firefighters pulled two 4 year old children, Jai’Launi Tinglin and Ayina Tinglin (picture), from the fire and tried to resuscitate them but they were unsuccessful. They were asking: Where is EMS? Where is EMS?

According to the NY Daily News, the ambulance was only dispatched to the fire at 12:05 am, 14 minutes after the 911 call and arrived at the scene at 12:12 am, 21 minutes after the first call to 911.

It is not the first time that glitches happen with New York 911. In June last year, Ariel Russo was struck and killed by a reckless driver on the Upper West Side and glitches with 911 led to a 4 minute delay in the arrival of the ambulance. The Russo family is suing the city for negligence.

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scaffold.jpg New York Labor Law Section 240 or Scaffold Law was enacted more than 100 years ago to protect construction workers from elevated work related accidents. It holds general contractors, owners and others liable if unsafe conditions at the job site lead to a worker’s injury or death (to learn more about NY Labor Law 240 see recent presentation by NY Construction Accident Attorney Anthony Gair)

The construction industry has been trying to repeal and amend this law since it was created and the last attack came with a report entitled “The Costs of Labor Law 240 on New York’s economy and Public Infrastructure” and published by the The Nelson A. Rockefeller Institute of Government, the public policy research arm of the State University of New York. The report uses questionable statistic methodologies to blame The Scaffold Law for creating more accidents and more injuries.

The Center for Popular Democracy (CPD) discovered that the report was actually commissioned by the New York Civil Justice Institute, a front group that was specifically created for this purpose by the Lawsuits Reform Alliance of New York who paid $82,800 for it. The Lawsuits Reform Alliance of New York is well known for lobbying against laws protecting plaintiffs in favor of the construction industry and other corporate interests. The CPD and the New York Committee for Occupational Safety and Health (NYCOSH) just published a paper entitled “Fatally Flawed: Why the Rockefeller Institute’s Scaffold Law Report Doesn’t add up

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After a worker fell to his death at a NYC midtown construction site, the city issued a full stop work order at the site.

The Department of Buildings issued 41 violations including 6 for work without a permit. Other violations included failure to safeguard persons or property; failure to report an accident; no record of daily inspection of suspended scaffold; work doesn’t conform to approved plans; failure to provide approved plans; failure to provide guardrails; and failure to provide protection.

When the accident happened, the worker, 34 year old Lukasz Stolarski of Brooklyn, was doing facade restoration work. He wasn’t wearing a harness and fell from a ledge he was standing on between the roof and the penthouse. He landed on the top of the sidewalk shed at the 424 West 33rd Street construction site resulting in his death.

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The BICYCLING AND WALKING IN THE UNITED STATES 2014 BENCHMARKING REPORT just came out. This report provides one of the most comprehensive reviews on bicycling and walking all over the US. It is compiled by the Alliance for Biking & Walking which is the North American coalition of over 220 state and local bicycling and walking advocacy organizations.

The Benchmarking report focuses on the 50 States and the 50 most populous American cities. Additionally and for the first time, 17 small and midsize cities were also added to the 2014 report to provide a more complete picture of biking and walking activities in the country.

Biking%20and%20walking%20study%20area.jpgGlobally the report shows a slow but steady increase of people using their bikes or their feet to go to work. The report also demonstrates that the level of pedestrian and bicycle accidents is inversely proportional to the number of bikers and walkers and that advocacy groups are playing an important role encouraging people to do so.

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12 people including 7 pedestrians died in auto accidents and many others were injured in speed related crashes along the Bronx Grand Concourse in New York City between 2008 and 2012. Speeding is the main cause of accidents in this dangerous area but this is about to change extremely soon as as officials announced that the the 5.2 miles Bronx corridor will be the second of 25 planned NYC arterial slow zones. The first one was introduced last week on Atlantic Ave in Brooklyn.

Starting this month, traffic signals will be synchronized to reduce dangerous speeding, new 25 mph signage will be installed and the NYPD will increase enforcement in this dangerous area of the Bronx.

The arterial slow zone program is one of the 63 measures included in New York Zero Vision Program launched by Mayor de Blasio at the beginning of the year. Throughout the city, arterial roads amount for 15% of the mileage but for 60% of pedestrian fatal accidents.

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After several pedestrians died in traffic accidents on the Upper West Side in NYC, the cops have been cracking down on jaywalkers in sensitive areas such as W. 96th street and Broadway (picture). Earlier this year cops in the neighborhood were instructed to give tickets that could go up to $150 to pedestrians caught jaywalking. The cops went after the pedestrians in such an aggressive way that they ended up knocking down and roughing up an 84 year old man who tried to walk away when the cops were issuing him a ticket. The old man hired a personal injury lawyer who is now suing the city for $5 million.

Last week NYPD Commissioner Bratton told cops to use discretion with the elderly and handicapped and Marion Larin the Captain of the UWS 24th precinct replaced the ticket blitz by an information blitz campaign during which officers will teach jaywalkers to follow the law in order to protect themselves from dangerous traffic accidents.

Read more in the NY Daily News

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Another pedestrian fatality happened last weekend in New York. A 22 year old woman who was crossing York Ave on the Upper East Side of New York was struck by cab that threw her in the opposite traffic lane where a second cab struck her. She was rushed to the hospital where she died. Read more in the New York Daily News

According to NYC Crash mapper over the last 31 months there were 21 collisions at the location of the accident (EAST 84 STREET and YORK AVENUE). As a results of these collisions 3 pedestrians, 1 bicyclist and 1 motorist suffered personal injury. According to locals, the visibility is limited for pedestrians and drivers as York Ave crests at 84th street and declines to 85th street.

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A 32 year old man was critically injured in a bizarre car accident in Brooklyn, NYC, last night. The man was driving in the wrong direction on the road and while he attempted to make a left turn his car overturned.

Read more in the New York Daily News

PHOTO:DANNY IUDICI/NEW YORK DAILY NEWS

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Hospital-associated infection can be medical malpractice. 5% of hospital inpatients develop an infection during their stay. As a result patients who develop an infection usually have to extend their stay in the hospital. Hospital acquired infection if not diagnosed and treated properly can also lead to the death of the patient. .

Blood transfusion is a very common hospital procedure during which the patient has a risk of developing an infection.

Hospitals have different strategies as to when a blood transfusion is required. Some have a liberal strategy which means that they will administer red blood cells to a patient when the patient’s hemoglobin level falls below 10 g/dL and some have a more restrictive strategy and will give a blood transfusion to the patient once the level of hemoglobin is below 8 or 7 g/dL.

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tire%20pressure%20warning%20icon.jpgTo prevent vehicle accidents related to inadequate tire pressure, since 2008 all vehicles in the US are equipped with a tire pressure monitoring system (TPMS). If the icon on the left is appearing on a car dash board it means that the pressure in the tires has reached a dangerous level and action is required by the driver. Unfortunately according to a recent consumer study 42% of drivers don’t know what this icon means, additionally 10% of drivers ignore the warning and continue to drive.