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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Teen speeding is a leading cause of fatalitiesSpeeding is the cause of many fatal crashes especially among teenagers. A recent analysis conducted by Richard Retting of Sam Schwartz Consulting for the Governors Highway Safety Associations found that teen drivers and passengers account for a much greater proportion of speeding related fatalities than any other age group.

From 2015 to 2019, 4,930 teen drivers and passengers died in car accidents related to speed. Speed related accidents accounted for 43% of all teen fatal car accidents. As a comparison speed is a factor in 30% of all fatal accidents for people above 20.

Globally, car accidents remain the main cause of fatalities among teens with the 16 year old’s being the most at risk

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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location-of-the-bicycle-accidentA man delivering pizza was critically injured in a bicycle accident in Manhattan. The accident took place on the Lower East Side around 6:30 pm yesterday night. A 21 year old driver, identified by the police as Dylan Penalo, was driving his car West on Delancey Street when he struck the cyclist who was riding South on Columbia Street, just where the underpass of the Williamsburg bridge is located.

The bicycle and the front of the sedan were  destroyed causing critical harm to the victim

The impact was brutal, critically injuring the victim who is believed to be in his 40ies. The front of the car was partially destroyed as well. The windshield was destroyed and so was the front grille of the car.  The driver took off on foot leaving the victim critically injured on the ground behind him. He later on returned and surrendered to the police. He was also transported to the hospital after he complained about wrist pain. Penalo who is now in police custody, was charged with leaving the scene of an accident with a serious injury, reckless endangerment and assault.

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construction site NYTo reduce injuries and deaths on NYC construction sites, Mayor de Blasio signed Local Law 196 in 2017. This law requires that workers can only be allowed to work on a  construction site in the city if they  attended a minimum amount of hours of safety training.

Construction superintendents, Site safety managers and site safety coordinators are all required to have  62 hours of safety training that includes the regular OSHA 30-hour safety class and additionally 8-hour fall prevention training, 8-hour on chapter 33 that covers safeguard during construction and demolition work, 4-hour scaffold safety, 2-hour site safety, 2-hour tool box talks, 2-hour safety meetings organization and preparation, 2-hour general electives, 2-hour specialized electives and 2-hour drug and alcohol awareness.

Other construction workers are required to attend the OSHA 30-hour safety class or the OSHA 10-hour class with 20 hours of additional training consisting of 8 hours of fall prevention training, 4 hours of scaffolding safety training and the option to choose between 8 hours of Chapter 33 training,  4 hours of general electives or 4 hours of specialized effectives.

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bABYSeveral negligent baby food manufacturers are being investigated by the US government after dangerous levels of toxic metals such as arsenic, lead, mercury and and cadmium were found in their products. These products are:

  • HappyBaby by Nurture
  • Beech-Nut
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snow tubing can be dangerousA 16 year old died from her injuries in a sledding accident in Lewiston, New York. The teenager, identified as Renee Hill was riding a sliding tube with her 3 year old nephew in front of her on the tube when she realized that they were about to hit a tree. To prevent her nephew  to hit the tree first she put her foot down to flip the tube. She hit the tree while her nephew was saved.  She was rushed to the hospital in critical condition but she died on the way. Renee was a sophomore at Niagara Wheatfield High School.

The sledding hill in Clyde L. Burmaster Park where the  fatal sledding accident occurred  was closed until further notice and the accident is being investigated.

While it is quite fun, sledding can be dangerous

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construction workers are at risk of heat strokeWhile construction companies have to respect very strict safety protocol to prevent their workers being injured in construction accidents, they often overlook the global health of their workers.

In a recent opinion in Construction Dive, Gordon Childress, the executive VP and GM for the California division of Skanska Building USA  look at the risks of heart disease among construction workers and how can their employers help reduce these risks.

According to statistics from the CDC, 1 out of 4 construction workers is at risk of a heart disease. While some workers are genetically pre-disposed to this risk and have histories of diabetes, high blood pressure or high cholesterol running in their family, others simply have an unhealthy lifestyle that puts them at risk of developing such disease.

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child-playingChildren and teenagers are prone to traumatic brain injuries (TBI). Over a million of them check in an emergency room in the US for a non fatal Traumatic Brain Injury every year. A recent study conducted by researchers under the lead of Bina Ali for the nonprofit Pacific Institute for Research and Evaluation  looked at the causes of these injuries.  To do so the researchers used data from the National Electronic Injury Surveillance System. They  found that between 2010 and 2013 more than 4 million children were diagnosed by emergency room doctors for non fatal TBI.

Among the different categories of ages, those the most prone to suffer TBI were among the youngest and among the oldest. 1,085,680 children between the age of 1 and 4  and 1,107,463 teenagers between 15 and 19 year old were diagnosed with TBI during the period under review.

The causes of  TBI vary depending on the age of the child. Almost 3 quarters of TBIs suffered by  toddlers were related to home fixtures, furniture and structures.  Falling from chairs and beds were the most common furniture related accidents while tripping on the floor or falling down the stairs caused the most TBIs related to home fixtures and structures.

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accident sceneA man who stopped to help a stranger died after being struck by a hit and run driver in Queens, NYC. Last Friday night around 8:30 pm, 51 year old Mike Agurkis was driving his car on the Nassau Expressway in Springfield Gardens when he saw a motorist stranded along the side of the highway. The good Samaritan pulled in front of the stranger got out of his car and offered to help him.

As he was standing in between the two cars stopped on the side of the highway, the driver of a blue minivan hit the vehicle of the stranded driver which in a chain reaction slammed into Mike and killed him. The driver of the blue minivan abandoned the blue van and ran away on foot. The police are still looking for him.

Mike Agurkis’s children and his ex-wife are heartbroken. They told journalists that that’s how their dad was. He would always stop to help people. Mike’s landlord and a neighbor also confirmed that Mike lived his life to help people.

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OSHA logoA NY contractor was fined $138,000 for putting his employees at risk of dangerous construction accidents by not respecting multiple OSHA safety rules. OSHA investigators visited a Multifamily Housing Construction site located at 176 E. Denison Parkway in Corning, NY, and found that the contractor Riedman Cos., a non unionized contractor from Rochester, did not set up an enclosed chute to dispose of waste material from heights of 20 feet or more. Additionally, employees working at heights of 6 feet or more were not provided with adequate fall safety such as personal fall arrest system, safety net system and guardrail system.  As a result the contractor was hit with one willful violation and a $121,443 fine for  the absence of fall protection and 2 serious violations with fines of $10,409 for dangerous disposal of waste material and $ 6,940 for unsafe stairways.  The violations are being contested by Riedmans Cos. The total fine was the 8th highest OSHA fine received in the US during the last quarter of 2020.

The highest fine was issued to Fabcon Precast LLC in Ohio after a worker died at their facility. Fabcon was hit with a total of 10 serious and 5 willful violations for a total fine of $451,079 which is now being contested by the company.

The second highest fine was in an amount of $299,825 for a painting and restoration comapny that exposed its workers to methylene chloride and violated lead safety and cadmium standards. The company, Fortune Restoration Painting & Masonry in Illinois had already been hit with similar violations in 2014.

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