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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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Personal Injury Attorney Ben RubinowitzJoin our managing partner  Ben Rubinowitz  as he is co-chairing with Judy Livingston and Jeff Korek  this two part webinar: Openings & Summations. They have assembled an All-Star panel of Trial Attorneys who will demonstrate what they do and say in Opening Statements and Closing Arguments to achieve spectacular results. Trial demonstrations are what this program is all about. Each member of the faculty will demonstrate an opening or summation.

This webinar  organized by the New York State Trial Association is free for all NYSTLA members and non-members. It has been approved for transitional & non-transitional credits. Participants will receive 4 Skills CLE credits.

Part 1 will take place on May 26th from 12:00 pm to 2:00 pm

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Johnson and Johnson talcThe sale of a dangerous product that has been used for years by American families and women is being discontinued in the US and in Canada. Johnson & Johnson announced yesterday that it was removing its talc based baby powder from the market. The decision to remove this product from the store shelves is coming after thousands of women sued the company claiming the powder that was tainted with asbestos was responsible for their ovarian cancer.

Johnsons & Johnson always denied the claims and announced in a statement yesterday that its decision to remove the talc baby powder from the market was based on a decline in sale that was due to changing consumer habits and a misinformation campaign about the safety of the product.

While the company  always defended publicly that the baby powder was safe, internal documents dating from as early as 1973 and produced by attorneys in lawsuits,  indicate that the company was worried about the carcinogenic effects of the product. A company official wrote in a memo “If Johnson’s Baby Powder contained asbestos at a concentration of 1 percent, how much of the cancer-causing substance might a baby inhale when dusted with the powder?”

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E-bike now legal in NYCSafety and the risk of an increase in bicycle accident injuries have  long been the main worry in legalizing e-bikes and e-scooters in New York.

While pedal assists bicycles that travels at an average 20 mph speed were not much of an issue for legislators, throttle-controlled e-bikes that do not require pedaling and travel at an average 25 mph were more controversial. Despite being illegal until recently, throttle-controlled e-bikes were  widely used by restaurant delivery workers in the city. Food delivery workers were frequently harassed by the police who have been ticketing them and confiscating their bikes.

However in mid-march as food delivery workers became crucial in feeding New Yorkers during the pandemic, the city decided to suspend enforcement on e-bikes as long as restaurants would be able to operate as a take-out and delivery only. Following this decision, two weeks later, NY State finally legalized e-bikes ad e-scooters.

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truck back up accident locationA charity worker was crushed to death by a truck backing up  yesterday. Morales Cruseno Florentino was delivering milk to a school for a charity with his co-worker. As they arrived at the Bais Yaakov Academy of Queens on Metropolitan Ave near 125th St. in Kew Gardens, Morales stepped out of the truck and went to the back of the truck to direct the truck driver while he backed up to park. As the driver was backing up, Morales got pinned between the truck and another vehicle. Video surveillance of the scene depicts the truck moving back with the back up alarm on and Morales not moving out of the way. Maybe he thought the truck would not back all the way?

When EMS arrived, Morales was still alive but was critically injured. He was transported to the hospital where he later died from his injuries.

Morales and his coworkers had been delivering milk for people in need for the last two months.

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Failure to diagnose skin cancer can be fatalSkin cancer is the most common cancer in the US with more than 5 million Americans diagnosed every year.  Skin cancer, if detected early, can be cured. 90% of patients diagnosed with skin cancer get cured.

Failure to diagnose skin cancer can be fatal and like all cancers, early detection is key. The good news is that unlike other types of cancer, skin cancer is visible and early detection starts with you. Doctors recommend a self-exam every month.

How to screen yourself for skin cancer?

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construction worker using laptopWith the Coronavirus pandemic, the construction industry is adopting new technologies to make sure workers are protected.Remote monitoring, online inspections and video conferencing are becoming more and more common on construction sites and governmental entities are considering technologies that give them the option to conduct virtual inspections.

Because the cost of labor is cheaper in the US than in Europe, American construction sites have not relayed on technology as much as their European or Australian counterparts. However with many construction sites being deemed essential during the Covid-19 crisis, American contractors are now catching up and integrating new technologies that might become the new norm in the future.

Wearable technology can save life

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By the nature of their work, construction workers have a high risk of getting injured in accidents on NYC construction sites. Now many of them are facing another deadly threat as they have recently been asked to return to work after the State expanded the list of “essential building work” from hospitals, affordable housing and infrastructure projects to schools, hotels, restaurants, banks, convenience stores, appliance stores and storage facilities among others as long as ground has already been broken.

As a results thousands of construction sites are kept open in the city putting at risk construction workers and their families to catch the deadly virus.

Profit ahead of safety

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helpWell before the passage of the Child Victims Act, the child sexual abuse attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have been fighting for justice on behalf of victims of sexual abuse.  Our top results speak to our commitment to ensuring survivors of sexual abuse receive justice.

It is for these reasons that we support the recent extension of time to January 14, 2021, for survivors of child sexual abuse to file a claim for monetary damages against their abusers and the institutions that allowed the abuse to happen.

In 2019, the New York State legislature enacted the Child Victims Act (“CVA”).  Before the CVA was passed, survivors of child sexual abuse had a very limited period of time (known as a statute of limitation) in which to bring a civil lawsuit against their abusers.  The CVA did two important things: (1) extended the statute of limitations for civil claims, allowing survivors to file a claim until they are 55 years old; and (2) opened up a one year “look-back” window that allowed victims whose sexual abuse claims were previously barred by the old statute of limitations, to file suit.  This one year “look back” which was supposed to expire on August 14, 2020 has been extended by Governor Andrew Cuomo from August 14, 2020 until January 14, 2021.  Our New York sexual abuse attorneys are eager to continue to fight on behalf of survivors of sexual abuse and help them secure compensation that will ensure they are protected for life.

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NYC traffic deaths and injuries declined for all categories of road users except for cyclists between February 2020 and March 2020. As businesses gradually shut down around mid March and the city was officially locked down on March 22nd,  traffic in the city drastically declined and so did the number of traffic accidents.  The only two categories of road  users that recorded an increase in accidents between February and March were motorcyclists and bicyclists. The fear of catching the corona virus in public transportation or taxis has lead to an increased amount of people using bicycles and motorcycles in the city in March. Another factor was the increased amount of speeding recorded in the city as streets were getting emptier and emptier.

Drop in accidents not only due to Covid-19 but also to new NYPD report policy

The number of traffic accidents reported by the NYPD dropped to 10,877 in March compared to 13,586 in February and 14,183 in January. The drop seen in traffic accidents over the last few months is not only related to the coronavius crisis but also to the new NYPD “No Report” crash policy.

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1 worker died and 158 others were injured on construction sites in New York City during the first quarter of 2020  compared to respectively 0 and 137 for the same period of 2019.  When looking at a 5 year period, the first trimester of 2018  was the worst for New York City construction workers with  170 of them sustaining injuries and 3 of them dying in accidents.

Most accidents resulting in injuries occurred in Manhattan  with 96 workers injured, followed by Brooklyn, 35, Queens, 14 and the Bronx, 13. No injuries were reported in Staten Island during the first trimester. With the exception of Staten Island all other boroughs recorded an increase in construction accident injuries during the the first 3 months of this year compared to the same period a year earlier.

NYC Construction Accident Injuries 2020 Q1
Working on construction sites is one of the most dangerous activities in New York and in the US.  The Department of Buildings classify injuries in 6 different categories. The largest category is “Other”. Injuries in this category are usually not life threatening or not critical. Many of them are small cuts and lacerations that do not require ambulance transportation or hospitalization. Most of the time a visit to an emergency call center is sufficient to treat the injury. It is also rare that a safety violation is issued after these types of injuries.  The second largest category of NYC construction accident injuries are  injuries related to falls. Falls often result in serious injuries. An ambulance is often called and workers end up most of the time at the hospital after a fall. Most fall injuries could be prevented if workers were fully protected. During the first quarter of 2020, 45 hart hats were injured in falls in New York. This is the highest number of fall injuries recorded during the first quarter over the last 5 years. Another very common cause of injuries is when material fell onto workers. 12 workers were injured in that manner during the first three months of the year compared to  respectively 22, 21, 23 and 10 during the same period of 2019, 2018, 2017 and 2016. 6 people were also injured in scaffolds accidents and 2 sustained injuries related to mechanical construction equipment.

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