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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OSHA logoA NY roofing contractor, Elite Roofing Services Inc., has been subjected to the second-highest OSHA fine in the fourth quarter of 2023, amounting to $522,527.

This substantial fine was levied following an accident at a Glen Cove, New York, jobsite, where a worker’s fatal fall could have been prevented with the proper implementation of fall protection measures, such as guardrails, safety nets, or personal fall arrest systems. The tragedy brings to the forefront the grave consequences of neglecting safety protocols and the imperative need for vigilance and compliance to prevent such incidents.

OSHA’s findings revealed that Elite Roofing Services Inc. did not furnish its workers with the necessary fall protections while they were installing a metal deck on a flat roof, leading to a worker plummeting 20 feet to a concrete floor below. This incident resulted in the issuance of six willful violations by OSHA, each corresponding to a worker exposed to fall hazards, and one serious violation for failing to train workers on proper fall protection techniques.

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Vision Zero 10 year later As car accident lawyers involved in the fight for safer streets in New York, the recent analysis by Transportation Alternatives and Families for Safe Streets on the first 10 years of Vision Zero provides a critical look at the successes and challenges of this ambitious program. This analysis sheds light on the nuances of traffic safety and underscores the disparities that persist, despite overall improvements.

Vision Zero’s implementation over the past decade has undeniably made New York City streets safer. Traffic fatalities were 16% lower in the last ten years compared to the decade preceding Vision Zero, translating to more than 450 lives saved. This achievement is significant and reflects the impact of concerted efforts in street redesign, the installation of speed safety cameras, and the lowering of speed limits across the city. Pedestrian fatalities have seen a remarkable 29% decrease from 2014 to 2023, showcasing the effectiveness of citywide safety initiatives.

However, the analysis also highlights concerning trends, particularly the increase in traffic fatalities in majority-BIPOC and majority-Latino community boards, and the alarming rise in cyclist deaths. These statistics point to a stark reality: while some communities have become safer, others have seen an increase in traffic violence, underscoring the need for a more equitable implementation of Vision Zero strategies.

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Amadou_DialloAs we mark the 25th anniversary of the tragic death of Amadou Diallo, our hearts are once again with his family and all those who have been affected by similar injustices. Amadou, an unarmed 23-year-old immigrant from Guinea, was killed on February 4, 1999, by plainclothes officers of the New York City Police Department’s Street Crime Unit. The loss of Amadou under a hail of 41 bullets, based on a grievous misjudgment, is a moment that remains etched in the memory of our city and our nation.

Our firm had the solemn privilege of representing Amadou’s family in their quest for justice and accountability. Although no legal outcome could ever compensate for the loss of a loved one, the $3 million settlement reached with the City of New York in March 2004 was a recognition of the profound wrongness of the actions that led to Amadou’s death. It was one of the largest settlements of its kind under New York State’s “wrongful death law”, highlighting the gravity of the negligence, wrongful death, racial profiling, and violations of civil rights that occurred.

The acquittal of the officers involved did not deter us from our pursuit of justice, nor did it silence the voices demanding change. Instead, it galvanized a movement towards police reform and accountability that continues to this day. The disbandment of the Street Crime Unit in 2002 and the ongoing calls for transparency and fairness in policing are testaments to the enduring impact of Amadou’s story.

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carbon monoxide danger signTen individuals were hospitalized due to carbon monoxide poisoning at a residence on Roosevelt Ave. This event underscores the silent but deadly threat posed by carbon monoxide (CO) in urban dwellings. Carbon monoxide is an odorless, colorless gas that can cause sudden illness and death if inhaled in large quantities. Properties in New York City are not immune to this hazard, making it imperative for property owners, landlords, and tenants to understand their legal responsibilities and rights.

Legal Duties and Responsibilities

In New York City, property owners and landlords are legally obligated to ensure their buildings are safe and comply with local, state, and federal safety standards. This includes installing carbon monoxide detectors in accordance with the New York City Administrative Code, which mandates CO detectors in most residential dwellings. Failure to install and maintain these detectors can result in legal consequences, including fines and liability for any injuries or deaths that occur due to non-compliance.

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Google map view of the location of the accident before illegal work startedThe recent catastrophe in Borough Park, Brooklyn, where a 33-year-old construction worker, Juan Ganche, lost his life due to a floor collapse in a residential home, is a reminder of the critical importance of adhering to construction safety regulations. This accident, occurring under the shadow of illegal work and oversight failures, not only ended a life prematurely but also exposed the systemic issues plaguing construction sites across New York City.

Juan Ganche, a dedicated worker who had been contributing to the construction industry since his arrival in the United States from Ecuador 14 years ago, was tragically killed when the first floor of the structure he was working on collapsed into the cellar.

This accident, which marked the first construction site fatality in New York City this year, has once again brought to the forefront the perilous conditions under which many construction workers operate.

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AmbulanceAs attorneys specializing in bicycle accidents, we would like to address the perilous issue of “dooring” accidents in  New York City. A recent tragedy in Brooklyn underscores the urgent need for awareness and preventive measures against this often-overlooked hazard.

In Cypress Hills, a food delivery worker on a scooter experienced a life-threatening incident that highlights the dangers faced by cyclists and scooter riders daily. While navigating Fulton Street, the individual was struck by an opened car door from a parked orange car. This collision resulted in severe injuries, leaving the victim unresponsive and critically injured with a head injury. Witnesses at the scene and surveillance footage confirm the sudden and devastating impact of the dooring.

This incident is not isolated but represents a wider issue within our urban landscapes. “Dooring,” or the act of a car occupant opening their door into the path of an oncoming cyclist or scooter rider, poses significant risks. The abrupt and unexpected nature of these incidents leaves the rider with little to no time to react, often leading to severe injuries or even fatalities.

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location of the fatal NY school bus accidentAn 8-year-old boy died after being struck by a school bus in New Square, NY, last Monday morning.  The boy was walking home from school when the school bus struck him near the intersection of Clinton Lane and Stern Street. The Ramapo Police, led by Police Lt. Blaine Howell, reported that despite the rapid response of EMS workers, the boy was pronounced dead at the scene. The bus driver, who stayed and cooperated with police, now faces the harrowing aftermath of this devastating event.

This incident underscores a grim reality that too many communities face: the ever-present danger to our children on their journeys to and from school. As legal professionals specializing in school bus accidents, we have seen the profound impact these tragedies have on families and communities. They raise critical questions about road safety, school transportation protocols, and the measures we take to protect our most vulnerable.

The Ramapo Police Department’s Accident Reconstruction Team is currently investigating the specifics of this accident. These investigations are crucial, not only for providing clarity and closure to grieving families but also for identifying systemic issues that may contribute to such tragedies. It is through understanding these details that legal professionals can advocate for necessary changes, seeking justice for victims while working towards preventative measures to ensure no family endures similar heartache.

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private garbage truck involved in New york fatal bicycle accidentNew York City’s decision to overhaul its private garbage truck industry is a critical step toward addressing a longstanding public safety crisis. As lawyers specializing in garbage truck accidents, we have witnessed firsthand the devastating impact of the chaotic and dangerous practices endemic to this sector. The city’s plan, finally set to unfold after years of delays, promises significant changes that could not only enhance safety but also transform the legal landscape for those affected by these accidents.

The reform, proposed back in 2016 and passed in 2019, is a response to a series of alarming statistics and incidents involving private garbage hauling companies

These firms, tasked with collecting commercial waste, have operated under a system that prioritizes efficiency over safety, resulting in a patchwork of overlapping routes that span multiple boroughs. This inefficient management has not only led to horrendous working conditions for haulers, often working shifts longer than 12 hours, but also posed a significant threat to public safety. A city report from 2021 highlighted a grim reality: over a decade, commercial garbage trucks were involved in accidents that led to at least 43 deaths and 107 injuries.

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construction workers must be protectedUnder a transformative Biden administration policy, hundreds of laborers have stepped out of the shadows, informing on unscrupulous employers and, in return, receiving something invaluable: legal work permits and protection from deportation.

This policy, which focuses on protecting workplace whistleblowers and aiding prosecutors, has changed the lives of many, including José Moncada and a welder known only as Alejo. Moncada, who suffered a wrist injury on the job, and Alejo, who experienced a near-devastating eye injury, both faced directives from their foremen to conceal the true nature of their injuries to avoid compensation claims. Despite the risks, they chose to come forward, working with law enforcement to expose the fraudulent practices of their employers. Their bravery was rewarded not just with the satisfaction of justice but with the legal right to work in the U.S., a privilege they had been denied for over a decade due to their undocumented status.

The heart of this policy is deferred action, a form of discretionary relief that allows immigrants who have been exploited at work or who have cooperated with law enforcement investigations to apply for protection from deportation and work permits. This policy not only acknowledges the valuable contributions of immigrant workers but also provides them with a pathway to emerge from the exploitation prevalent in the underground economy. It’s a clear message: their rights matter, and they no longer need to live in fear.

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The headquarter of Philips in AmsterdamThe situation involving Philips and its decision to halt the sale of new sleep therapy and respiratory care devices in the U.S., as part of a consent decree with the FDA, raises serious concerns from a product liability perspective. This move, necessitated by significant quality issues that led to a massive recall of over 15 million devices, underscores a critical lapse in Philips’ quality control and regulatory compliance mechanisms. The revelation of such extensive quality problems not only erodes consumer trust but also exposes Philips to substantial legal and financial risks.

The consent decree, while a step toward remediation, highlights a reactive rather than proactive approach to product safety. The necessity for such an agreement reflects a failure in Philips’ internal processes to ensure the safety and efficacy of their products before they reach consumers. The impact of these failures is not trivial, considering the potential health risks to users of sleep therapy and respiratory care devices. Such situations demand rigorous scrutiny, as they can lead to severe health consequences for individuals relying on these medical devices for critical care.

The financial implications of the recall and the consent decree, including a significant provision of 363 million euros, indicate the scale of the impact on Philips’ operations. However, beyond the financial toll, there’s a broader consideration regarding the damage to the company’s reputation and the potential erosion of trust among healthcare providers and patients. This trust is paramount in the healthcare sector, where the stakes involve patient health and safety.

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