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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Riding-mower-WikipediaAn alarming number of very young children have been seriously injured and some of them even died after someone, often a parent or a family member backed over them while riding a mower.  Most common injuries reported are amputations of hands, fingers, legs feet toes and limbs as well as mangled and ripped internal organs. In a recent article, Fair Warning, found 133 cases in court records since 2004 until now. Among them 8 of the victims died from their injuries. Another study in the American Journal of Emergency Medicine found that there was an average of 65 children injured every year in the US by riding mowers back-overs.

In the 1980ies after an epidemic of injuries related to walk-behind power mowers, The Consumer Product Safety Commission implemented mandatory safety standards for mowers but riding mowers were excluded from them. Some manufacturers propose riding mowers that can mow in reverse. These type of mowers are the most dangerous to young children. In 2003 after a rise of accidents a voluntary standard was adopted by lawn mower manufacturers. The standard requires that the blade immediately stops to spin when the mower riders back up. However the standard also allowed manufacturers to install a button that allows the driver to override the feature. Manufacturers are claiming that they installed the button at the request of their consumers who want more flexibility but safety advocates reply that the button is a good excuse for manufacturers to protect themselves from lawsuits.  However this excuse didn’t always work for the manufacturer Deere & Co. In a recent lawsuit involving a 2 year old girl whose leg was amputated after her dad backed over her while riding a Deere mower, the jury found that the mower was defective and awarded the victim $12.25 million. The jury found that Deere was responsible for 78% of the damages and put the rest of the blame on the father.

Read more in Fair Warning

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https://www.newyorkpersonalinjuryattorneysblog.com/files/2019/09/New_York._Central_Park._Carriage.jpgLast week a cyclist died after he collided with a pedestrian in Central Park. The fatal accident occurred at a dangerous crossing intersection at about 74th Street on East Drive. 43 year old Charles Cheeseboro was riding a e-bike when he struck a 77 year old pedestrian, lost control of his bike and fell on the ground striking his head. He was transported to the hospital where he died from his injuries two days later.

Chaotic Situation

Adrian Benepe who was a Parks Commissioner under Mayor Blooomberg told Streetblog in a interview that Central Park had become so chaotic that he gave up cycling there. He described the actual situation in Central Park as the Wild, Wild West. The Daily News mentioned that when the police was investigating the accident they also had to respond to 3 other accidents that occurred less than 100 feet away. Among them, two cyclists crashed into each other and one of them was transported to the hospital. In another one, a cyclist fell off his bike after being allegedly on his phone while riding.

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A man intentionally struck a cyclist and killed him in Brooklyn. The accident occurred Sunday morning around 6:00 am on Broadway near Ellery St. in Bushwick. The driver of the SUV whose car had been broken in earlier saw the cyclists fiddling with cars and got out of his Jeep Grand Cherokee to question him. The conversation got heated and the cyclist took off on his bike. The driver got back into his SUV and chased him. He sped after him in the oncoming lane of traffic and slammed into him, crushing him against the parked cars. The impact was so violent that the SUV flipped onto its side. The entire accident was caught by a surveillance video.

The 47 year old cyclist died at the scene of the accident and the 41 year old driver was taken into custody. Charges are pending. Two parked cars and a semi-truck were also damaged in the collision. The police found two car stereos, a screwdriver, a set of Allen wrenches, and a fake pistol laying amidst the wreckage.

Using a car as a weapon for a vigilante act is completely unacceptable

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Speed Camera flyer nycTo prevent young pedestrians from being injured in car accidents, the NYPD announced that as kids go back to school today, they will be cracking down on drivers speeding or driving recklessly in school zones.

Not only the NYPD will be reinforcing its presence in school zones but more than hundreds of new speed cameras installed all over the city during the summer will provide extra protection for children as they are going back to school.

A total of 750 speed cameras are being installed in New York City school zones

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Regulatory-impact-analysis-image012Fatigued driving is a factor in truck accidents which according to the National Transportation Safety Board is often under reported. To prevent such accidents, truck drivers are subject to “hours of service” rules that limit the number of hours that a truck driver can spend behind the wheel and specify when a break or a sleeper berth is necessary.

Recently the Federal Motor Carrier Safety Administration (FMCSA) proposed to bring five key modifications to these rules to supposedly increase safety and provide more flexibility for drivers. These proposals are a response to industry’s stakeholders who have been requesting these changes for a very long time but safety advocates believe that relaxing the hours of service rules will make the roads more dangerous.

Those in favor of the changes are mostly trucking companies as well as truck drivers who find that the actual rules are not adapted to human needs and real world business concerns. Those against the changes are traffic safety advocates and families who have lost a loved one in a truck accident and believe that fatigue driving is underestimated.  In a press release The FMCSA said they listened to the drivers concerns but the truck industry has also been very active in lobbying the government to relax rules.

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A hard hat died and five others were injured after a building under construction partially collapsed in the Bronx. 48 year old Segundo Huerta, a father of five, was working on a construction site located at 92 East 208 Street in the Bronx, on Monday around noon, when the third floor of the building started to crumble and falling on workers below. Segundo and his colleagues were hit and buried in concrete and debris.  When  the firefighters arrived, Segundo was trapped and by the time they were able to recover him he had succumbed to fatal injuries.

The other construction workers injured  were Segundo’s family members or good friends. His 21 year old nephew Manuel Giovanni Huerta suffered a serious spine injury. His cousin Santiago Mayancela suffered a torn ear and a leg injury. Luis Romero, the brother of Segundo’s sister in law suffered a serious head injury. Two friends from the family Luis Antonmio Quizhpi and a man identified as Jose were also injured. The group of workers had been working together on construction  sites for more than 12 years. Segundo, originally from Ecuator, had been living in the US for 19 years. The family and relatives that gathered at the scene of the accident were heart broken.

OVERLOADED FLOOR CAVED IN

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New York Personal Injury Attorney Marijo AdimeyWe are very pleased to announce that one of our partners, Marijo C. Adimey, has been selected as one of the 2019 AV Preeminent Rated New York Women Leaders in Law.
Marijo’s dedication to high work standards, advocacy for her clients, as well as her trial and litigation skills have made her a powerful force and leader in the field of personal injury and medical malpractice.
Congratulations Marijo!
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More people than ever were injured in auto accidents in New York City and the number of cyclists deaths was back at its highest during the second trimester of 2019.  Despite a significant decline in the total number of accidents recorded by the NYPD during the period of April, May and June, more motorists, passengers and cyclists were injured in accidents during the second trimester of 2019 than during the same period of 2018. Pedestrians were the only NYC road users that recorded a decline in injuries compared to the same period of 2018.

auto accident nyc second trimester 2019
16,084 people were injured in NYC traffic accidents during the second trimester of 2019 compared to respectively 15,624, 15,315, 15,604, 13,461, 13,703 and 14,443 during the second trimester of 2018, 2017, 2016, 2015, 2014 and 2013. This is the first time that the number of accident injuries in New York goes over 16,0000 during the second trimester. Motorists are the ones who are the most frequently injured in car accidents. They account for almost half of the cases. Passengers injuries account for almost a third of the injuries.

Car Accident Injuries New York Second trimester 2019
After a steady decline from 2015 to 2018, auto accident fatalities increased again during the second trimester of 2019.  24 pedestrians, 17 motorists, 7 cyclists and 6 passengers died in traffic accidents in New York City last April, May and June.

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helpA total 427 NY sexual abuse lawsuits were filed in courts last Wednesday, on the first day of the one year window during which victims of childhood sexual abuse in New York State have the possibility to sue their abuser independently of  when the abuse occurred. 169 cases were filed in New York City and another 258 cases outside of the city. 45 judges including 12 in New York City have been specifically designated to deal with this increase in cases.

Many of these lawsuits were directed against the Catholic Church including 35 of them against the catholic diocese of Rochester in Monroe County.   A first suit was filed against the ex-Cardinal Theodore McCarrick who was a prominent figure in the church, was  defrocked by the pope in February 2019 after an internal investigation revealed that he had sexually abused minors and adult seminarians.

Several suits were directed against the Boy Scouts of America. Claims were also filed against Rockefeller University Hospital where Dr. Reginal Archibald is accused of abusing hundreds of boys who were sent by their parents to his clinic because they were having medical issues related to growth.

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E-Cigarette-1E-Cigarettes are dangerous products that can lead to serious personal injury.  The New York Health Department is investigating 11 cases of teens and young adults who suffered severe lung illnesses after vaping. Their cases are among the 94 cases reported nationally to the Center for Disease Control. The CDC announced a few days ago that investigation in these cases were ongoing.

In New York, parents and kids will be protesting teen vaping Today in front of the JUUL offices in Manhattan.  Among the cases reported to the CDC, an 18 year old teenager said that he checked in at the emergency room after he had been using JUUL e-cigarette for a year and half. He felt like he was having a heart attack. Doctors found his lungs had collapsed and he had to go for immediate surgery. The doctors said that the inflammation in his lungs could have come from something he inhaled.

Vaping is extremely popular among young adults especially with high school and middle school students

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