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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MontefioreThe 3 emergency units at Montefiore Hospital in New York are so overcrowded and unruly that it endangered patients and staffers.

Patients have to wait for hours to be treated and staffers are regularly attacked by psych patients. According to a nurse working there who was recently interviewed by the New York Daily News, the ER units at Montefiore look like a refugee camp in a war zone.

Last week, Ritchie Torres, a City Councilman sent a letter to the Department of Investigation to ask for an immediate probe.

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ProfessorDanielPollackWhen a caregiver fails to protect a child from being injured he or she may be charged with “child endangerment”.

Common cases of endangering the welfare of a child include for example drunk driving with a child in the car, leaving dangerous weapons nearby a child, leaving a child unattended in a car or domestic violence in front of a child.

In a recent article, “The Legal Contours of Child Endangerment,” published in Policy and Practice, the journal of the American Public Human Services Association, Daniel Pollack, a professor at Yeshiva University’s School of Social in New York City, and a frequent expert witness in child welfare cases explores the legal contours of child endangerment.

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Our client, Ruthie Ann Miles returned to the stage last Friday performing the starring role of lady Thiang in the West End production of the King and I in London. We are joining Ruthie Ann Miles fans to express our admiration for her strength and her courage.

Our managing partner, Ben Rubinowitz who represents the family, told the New York Post “It’s just a testament to the courage, strength and bravery of both of them, Jonathan and Ruthie Ann.” “She really is taking it a day at a time, trying to get by.”

On March 5th, Ruthie Ann Miles and her young daughter Abigail were struck by a reckless driver while crossing a street in Park Slope, Brooklyn. Abigail was killed in the accident. Ruthie Ann Miles who was 39 weeks pregnant at the time of the accident was critically injured. A few weeks after the accident the actress also tragically lost her unborn child  following the injuries suffered in the crash.

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B82 in Flatlands AveThankfully nobody was injured in a bus accident that occurred in Brooklyn, NYC,  early Sunday morning. The bus was driven by 24 year old Lenny Lachman who was drunk behind the wheel. Around 1:30 am, the nine passengers on board of the B82 bus  started to panic after Lachman drove erratically on Flatlands Ave and hit something near 46th Street. They called 911 and the police came to their rescue and stopped the bus. They arrested the driver. He was charged with reckless driving and three counts of DWI. He was arraigned Sunday night in Brooklyn criminal court and was granted supervised release by Judge Ellen Edwards. Lachman who started to work as a MTA driver in May 2017 was immediately removed from service without pay.

Read more in the New York Daily News
Picture: courtesy of Wikipedia

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location of the bike accidentA motorcyclist was seriously injured and his passenger died after they collided with a car in New York City on Sunday night.

The accident occurred in Howard Beach, Queens, around 9:00 pm. The 28 old driver and a 33 year old passenger were riding their motorcycle on 162nd Street. As they were crossing the intersection of 162nd Street and Cross Bay Boulevard they collided with a car making a left turn from Cross Bay Boulevard onto 162nd Street.

The car was driven by a 19 year old woman who was transporting two passengers.

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Motorized scooter can cause injuryOver the last months, personal injury lawyers have been receiving an increasing amount of calls regarding motorized scooter accidents. Scooter accidents involving pedestrians as well as single scooter crashes are on the rise in the US with new scooter rental companies setting up shop all over America.

In various cities, especially on the West Coast, companies like Bird and LimeBike are proposing dock-less motorized scooters that can be unlocked with a phone app for an initial fee of one dollar and a rate of 15 cents an hour. Motorized scooters can reach up to 15 miles an hour and are now a common feature in Santa Monica and Washington DC. Motorized scooters are growing in popularity and in many cities in the US they can be seen weaving through vehicular traffic or through pedestrian areas.  Over the last months, in cities where motorized scoooters are legal, personal injury lawyers have also been receiving an increased number of calls from pedestrians who have been hit by motorized scooters and from riders who injured themselves in single scooter crashes caused by a malfunctioning tires or brakes or by road hazards.

Emergency rooms doctors confirm that motorized scooters are leaving behind them a trail of injured riders and pedestrians. Doctors have seen an increased number of patients who suffered head, wrist, elbow and hip injuries after they got involved in a scooter accident. Riders are supposed to wear a helmet but most of them don’t. They are also often wearing earbuds which isolate them further from their surroundings.

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LIRR TrainPositive Train Control (PTC) could have prevented the Metro-North derailment that killed 4 people in the Bronx in December 2013 as well as several other fatal train accidents that occurred in recent years.

In 2008 after 25 people were killed in a crash between a commuter train and a freight train, the U.S. Rail Safety Improvement Act of 2008 was passed requiring that all railroads have PTC in place and employees trained to use it by December 31st 2018.  PTC requires that radio transponders be installed on tracks and on trains. The transponders communicate to each others and automatically slow down a train if it is going to fast or stop it if it is about to hit another train.

According to a recent federal report, two-thirds of the commuter railroads in the US might miss the deadline. The Metro-North and the Long Island Rail Road are among them. Therefore to avoid a fine, the Metropolitan Transportation Authority (MTA) is considering submitting a letter to The Federal Railroad Administration (FRA)asking the agency to lower its standards while deciding if the progress made by the LIRR and the Metro-North in installing PTC meet federal requirements. The letter proposal follows the recent introduction by the FRA to allow railroads to propose their own criteria for becoming compliant. The proposal also comes after the MTA acknowledged that the PTC system installed so far failed in several test simulations.

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A driver was injured by another driver in a road rage incident that occurred Wednesday afternoon in Greenpoint, Brooklyn. The victim was driving down McGuiness Boulevard near the intersection of Norman Avenue when a driver tried to cut in front of him. As they both stopped at the red light the aggressive driver got out of his car and started to insult the other driver and tried to hit him. As the other driver got out of his car and defended himself, the man went back in his car, picked up a knife and tried to hit the victim again. He then stole the victim’s key, got in his car and almost killed him while speeding away. So far the victim’s car hasn’t been found and the car of the man who attacked him had to be towed away from the intersection by the police.

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Injuries are the leading cause of death among New York children. A recent report published by the New York Health Department looks at the trend in injury deaths for children ages 1 to 12 in New York City from 2006 to 2015.

The study shows that in the majority of cases, injuries that resulted in the death of a child in New York City were unintentional. In 2015, for example, among the 22 children who died from injury, 18 were unintentional deaths and 4 were homicides. No suicides were recorded that year. Suicides represent the smallest part of children injury deaths in New York City.

The number of children injury deaths was at its highest in 2006 and at its lowest in 2011 and 2015. Over the last 10 years it has been on a declining trend.

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firearm injuries and childrenFirearm injuries are one of the leading causes of hospitalization for children and teenagers in the United States. A recent study by Bradley R. Herrin, Julie R. Gaither, John M. Leventhal and James Dodington compares hospitalization rates by age in urban settings (metropolitan counties of <50,000),  micropolitan settings (population 10,000-49,999) and rural settings (nonmetropolican nonmicropolitan counties of <10,000) . The searchers used the Kid’s Inpatient Database data from 2006, 2009 and 2012 to analyze 21,581 hospitalizations for firearm injuries. They excluded the children who died in the emergency room.

The study found that:

  • More than 77% of hospitalizations for pediatric firearm injuries were teenagers from 15 to 19 year old living in urban settings
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