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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Factors in New York construction worker deaths in 2021Construction sites are inherently dangerous, and falls are one of the leading causes of death and injury in the industry. That’s why it is essential for construction companies to provide their workers with fall protection equipment and follow the safety standards set by the Occupational Safety and Health Administration (OSHA). Unfortunately, some companies prioritize profits over their safety, and the consequences can be deadly.

A recent case in point is the ALJ Home Improvement Inc. of Nanuet, New York. Despite being cited for 33 violations in seven federal workplace safety inspections in the last four years, including nine willful failures to provide required fall protection, the company was again found to be exposing its workers to potentially lethal harm just six months after an unprotected employee’s fatal fall. This time, an inspector with OSHA observed three employees on a roof 18 feet above the ground without required fall protection.

ALJ Home Improvement’s callous disregard for the law and the safety of its workers is unacceptable. OSHA Area Director Lisa Levy, stated that “the company repeatedly refuses to comply with OSHA standards and make worker safety a priority, choosing instead to put profit over the lives of its employees. The reality is that a safe workplace is actually a more profitable workplace.”

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drunk drivingAs personal injury attorneys who have represented victims in drunk driving accidents, it is disheartening to read about the fatal crash on the Belt Parkway caused by a wrong-way driver who had two prior DWI convictions. Winston Ramdeen, a 52-year-old, drove the wrong way on the Belt Parkway, resulting in the deaths of both himself and the 79-year-old man he collided with. Ramdeen had previously been arrested for drunk driving in 2014 and was scheduled to appear in court in a few days for sentencing related to a another prior DWI accident that occurred in 2021.

While it is understandable that a judge may not have seen fit to lock up the defendant on a misdemeanor conviction, it is the responsibility of prosecutors to ensure that the defendant does not pose a danger to others while awaiting sentencing. One possible solution that could have been explored was setting conditions for the defendant’s release that would have prevented him from getting behind the wheel. For instance, the court could have ordered the defendant to install an ignition interlock device in his car, which would have required him to blow into a breathalyzer before starting the engine. This would have ensured that he was not driving while under the influence of alcohol.

It is essential that we hold accountable those responsible for drunk driving accidents, whether they result in injury or death

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location of the deadly e-Citi Bike accident in Queens NYC
16-year-old Jaydan McLaurin was fatally struck by a hit-and-run driver while riding an electric Citi Bike in Queens on Monday night. The driver who killed him was later identified as 18-year-old Yaser Ibrahim, who was unlicensed and driving a BMW SUV. Police were able to track him down, and he was arrested and charged with driving without a license, leaving the scene of an accident, and having a tinted windshield.

This heartbreaking incident highlights the urgent need for improved safety measures to protect cyclists on New York City streets. According to reports, McLaurin was riding north on 21st Avenue in Astoria when he was struck by the car. The impact was so severe that it virtually severed the electric Citi Bike in half, and McLaurin was rushed to Harlem Hospital but sadly died from his injuries.

This incident marks the 11th cyclist death in New York City in 2023, with a record-shattering 10 people on bikes having died at the start of the year alone

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trucks can be dangerousAs truck accident attorneys in NYC, we understand the dangers that big rigs can pose to communities, particularly those of color and low-income neighborhoods. The current truck route map across New York City, comprising around 1,300 miles across the five boroughs, has remained largely unchanged since the 1970s, leading to increased asthma, cardiovascular disease, and increased number of deadly crashes involving pedestrians and cyclists in such areas. The Department of Transportation must take steps to redesign these truck routes for safety and environmental justice to reduce the number of big rigs that roll through such communities.

Council Member Alexa Aviles (D-Sunset Park) has introduced a bill, Intro. 708, which would force the agency to undertake a complete overhaul of the current truck route map, and the DOT has indicated its support for the bill. The DOT acknowledges the need for change. The pandemic saw a rise in truck deliveries, as e-commerce became more prevalent.

The rise in distribution warehouses in low income residential areas not only worsen pollution but also increase the risk of pedestrians and cyclists getting fatally struck by trucks in streets that have not been conceived for large vehicles

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E-bike explosion kills 2 in Queens NYCAn e-bike powered by a defective lithium-ion battery caused a fatal fire in Astoria, Queens, New York City, killing two children yesterday afternoon. This tragedy has raised concerns about the safety of e-bikes and the need for stricter regulations to prevent similar incidents from happening in the future. According to reports, the e-bike was being charged in the vestibule of the home when it caught fire and caused an explosion. The victims did not have enough time to escape the intense fire that quickly traveled up the stairs to their second-floor apartment.

This incident highlights the ongoing problem of e-bike-related fires in the city. So far, there have been 59 e-bike-related fires in New York City this year, resulting in five fire-related deaths. The cause of these fires has been linked to the use of defective e-bikes lithium-ion batteries.

New action plan and and legislation

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leading causes of NYC construction accident fatalities
Last year’s construction worker fatalities and injuries reported in the NYC DOT “2022 Construction Safety Report” reinforce the importance of the New York Labor Law Section 240, also known as the “scaffold law” or “scaffolding law”, that holds owners and/or general contractors strictly liable for construction workers who suffer injury or died as a result of missing or inadequate safety equipment at elevated work sites.

The report highlights a significant increase in construction activity in 2022 in every neighborhood in New York City, especially in Brooklyn and Staten Island, with an 11% increase in initial permits for new projects and a 122% increase in initial permits for new building projects. The increase in new building permits is attributed to developers obtaining permits before the implementation of the 2022 NYC Construction Codes and the expiration deadline of the 421-a tax program. Additionally, there was a 15% increase in initial demolition permits issued and a 9% increase in the issuance of Final Certificates of Occupancy for completed projects.

The rise in construction activity in the city also led to a rise in accidents, with falls remaining the number one cause of fatalities in the NYC construction industry

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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accident sceneSpeeding and reckless driving are major causes of car accidents in New York, and unfortunately, young drivers are often overrepresented in these statistics. The recent news of a 20-year-old driver who died in a car accident on the Grand Central Parkway in Queens is a tragic reminder of the dangers of speeding.

According to the police, the young driver tried to swerve around a previous crash on the parkway when he lost control of his SUV, which flipped over multiple times and crashed into a tree. The victim was rushed to the hospital but could not be saved.

While we do not know the full details of this particular case, it is clear that speeding and reckless driving are often factors in car accidents involving young drivers.

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JFK airport where two construction workers were killedTwo construction workers lost their lives after being buried under rubble while moving utility lines at JFK airport. This incident highlights the importance of workplace safety, particularly in high-risk industries like construction.

According to The New York Times, 41-year-old Francisco Reyes and 28-year-old Fernando Lagunas Pereira were trapped under rubble after a 30-foot trench collapsed at the Calpine JFK Energy Center, a power-generating plant that supplies electricity to the airport. The accident occurred around 11:00 am. More than 60 firefighters, multiple units of police, and medics to try to save the workers. However, despite the efforts of emergency responders, it took two hours to recover the bodies of both workers who were pronounced dead at the scene.

While the exact cause of the accident is still under investigation, it is clear that a tragic loss of life has occurred. As attorneys who have represented numerous clients who have been injured or killed in construction accidents, we know all too well the devastating impact such incidents can have on workers and their families.

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Medical Malpractice Lawyer Ben RubinowitzOur Managing Partner, Ben Rubinowitz, has been asked to share his expertise in Medical Malpractice cases at the National Conference of the American Urologic Association. More than 30,ooo urologists from around the world attend this conference. The 2023 AUA Annual Meeting will take place in Chicago from April 28th to May 1st 2023.

Ben will be a Faculty member for a course directed by Mitchell Benson, MD, from Columbia University and entitled “Avoiding Medical Malpractice. What you need to know. What you can do. Case Presentations and Review”

Course Description: This course will explore what constitutes medical malpractice and what differentiates medical malpractice from criminal conduct. You will learn about defining the standard of care as it relates to patient outcomes. Most importantly, you will learn about what steps you need to take to defend yourself if named in a malpractice litigation and who to trust.

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