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.

Articles Tagged with brooklyn wrongful death

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Last week in Sunset Park, Brooklyn, a 74-year-old woman lost her life in a manner that no one should ever have to fear: struck down by falling debris from her own home. A large chunk of decorative brick façade, stationed above the entrance door of a three-story brownstone at 5402 6th Ave. and 54th Street, plummeted to the ground. At the time, the victim was clearing snow from the steps of her residence. Surveillance footage captured the moment the façade began to give way, leading to her urgent transportation to Maimonides Medical Center, where she was tragically pronounced dead. This incident not only took a life but also raised alarming questions about the structural integrity and maintenance of aging buildings in our urban landscapes.

The Department of Buildings’ subsequent investigation revealed a distressing oversight, resulting in a Vacate Order for the building and a violation issued to the property owner for failure to maintain the structure. These actions, while necessary, serve as a cold comfort to those affected by this tragedy and highlight a pervasive issue in our city’s housing maintenance and safety protocols.

falling-debrislawyerBen-RubinowitzA few years ago, our falling debris attorneys represented the family of  2-year-old Greta Green who was killed in front of her grandmother’s eye by a decorative terra cotta piece that broke and fell 8 stories from an Upper West Side Building. This event brought to light the limitations of New York State’s “zone of danger” law, which initially excluded grandparents from claiming emotional damages for witnessing a family member’s death. The grandmother’s claim was initially dismissed, but the persistent efforts of our attorneys led to a landmark decision by the Court of Appeals, which reversed the dismissal. This case not only reinstated the grandmother’s claim but also set a precedent for including grandparents in the “zone of danger” damages while underscoring the firm’s dedication to changing laws to achieve justice and encouraging landlords and building owners to maintain their properties to prevent such tragedies.

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Google map view of the location of the accident before illegal work startedThe recent catastrophe in Borough Park, Brooklyn, where a 33-year-old construction worker, Juan Ganche, lost his life due to a floor collapse in a residential home, is a reminder of the critical importance of adhering to construction safety regulations. This accident, occurring under the shadow of illegal work and oversight failures, not only ended a life prematurely but also exposed the systemic issues plaguing construction sites across New York City.

Juan Ganche, a dedicated worker who had been contributing to the construction industry since his arrival in the United States from Ecuador 14 years ago, was tragically killed when the first floor of the structure he was working on collapsed into the cellar.

This accident, which marked the first construction site fatality in New York City this year, has once again brought to the forefront the perilous conditions under which many construction workers operate.

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The intersection where the unlicensed driver killed ChristianFourteen-year-old Christian Antoine was struck and killed by the reckless actions of an unlicensed and speeding driver last Saturday evening in Brooklyn, NYC. The accident occurred at the intersection of Glenwood Rd. and E. 81st St. in Canarsie.

Christian was more than just a statistic in the rising toll of pedestrian fatalities; he was a young boy with dreams, a loving family, and a future that was unjustly cut short. According to reports, 45-year-old Rayan Salmon, driving a 2018 Mercedes SUV at an unsafe speed, caused a chain-reaction crash that ultimately led to Christian’s untimely death. This incident is a reminder of the catastrophic consequences of negligent driving and the critical need for stringent enforcement of traffic laws.

As pedestrian accident lawyers in NYC, we have seen the aftermath of such tragedies unfold too many times. Families are left to navigate their grief while grappling with the legal complexities of seeking justice for their loved ones. In Christian’s case, the charges against Salmon for aggravated unlicensed operation underscore the severe risks unlicensed drivers pose to public safety. However, these charges are just the beginning of a long legal journey for Christian’s family to seek accountability and compensation for their loss.

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The recent heartbreaking incident in Midwood, Brooklyn, where a baby tragically lost their life due to a steam radiator malfunction, has raised numerous concerns regarding premises liability and the safety standards in residential buildings.

A baby in Midwood, Brooklyn, suffered fatal injuries after being exposed to steam from a malfunctioning radiator. According to the Department of Buildings, the radiator exploded due to a separation in the part that connected the pipe feeding steam to the radiator. The mother, attending to another child in a different room, found the room filled with steam, likely exceeding 200 degrees.

Duty of Care

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the intersection where the reckless driver killed the pedestrianXiaohong Chen, a 52-year-old pedestrian, was tragically struck and killed by a Dodge Ram pickup truck in Dyker Heights.

The driver, known for a long history of speeding and recklessness, as indicated by the numerous speed camera violations, made an illegal turn, leading to this fatal incident. Despite the driver’s alarming record and the presence of a vanity plate that ironically reads ‘NDRTAKER’, no immediate charges were filed (read more in Streetblog about the reckless driver).

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accident-scene-1Following the recent tragic incident in Brooklyn, where a speeding Mercedes-Benz collided with a garbage truck, resulting in the untimely death of the car’s driver, it is crucial to explore the legal and safety aspects surrounding such accidents, especially those involving private carting companies.

At around 12:30 a.m. in Gerritsen Beach, a 54-year-old driver for Cogent Waste Solutions was executing a U-turn when the collision occurred. The Mercedes driver, 42-year-old Patrick Donovan, did not survive the impact. This incident exposes the dangers posed by private garbage haulers in New York City. Historically, these companies have been scrutinized for their operational methods.

As garbage truck accident lawyers in New York City, it is important to highlight the legal complexities in such cases. While the garbage truck driver did not face immediate charges, and Cogent Waste Solutions has expressed cooperation with the ongoing investigation, the key questions revolve around the operational practices of private carting companies and the responsibility they bear in ensuring public safety.

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Stockholm and Irving in Brooklyn location of the deadly hit and runA passenger is dead and 3 other people are in critical condition after two cars collided in Brooklyn in the early hours of Monday morning. The accident was captured by surveillance cameras and showed three individuals fleeing the scene of the accident.

Surveillance footage shows a Toyota cautiously approaching and then partially crossing Stockholm Street’s intersection. Then, a Kia, speeding along Irving Avenue, collided with the Toyota. The force of the impact was so severe that both vehicles spun out of control, striking a nearby suburban vehicle with such intensity that it was pushed onto the curb.

Shortly after the accident at around 12:45 a.m., emergency responders arrived at the scene. Four individuals from the Toyota were rushed to Elmhurst Hospital. Sadly, a male passenger succumbed to his injuries, while two others, aged 34 and 29, remain in critical condition. The 26-year-old driver of the Toyota, now in stable condition, faces charges for aggravated unlicensed operation of a motor vehicle.

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Location of the fatal NYPD tow truck accidentYesterday morning, a 7-year-old boy lost his life in Brooklyn, NYC, after being struck by a New York Police Department (NYPD) tow truck. The accident occurred at the northern border of Fort Greene Park.

The collision occurred at approximately 7:45 a.m. when the young boy and his mother crossed Myrtle Avenue in a marked crosswalk. The tow truck driver, identified as Stephanie Sharp, a 54-year-old traffic enforcement agent with the NYPD, attempted to make a right turn onto North Portland Avenue and tragically struck the boy, who was on his way to school. Despite the swift arrival of emergency medical workers, they were unable to save the young life, and the boy was pronounced dead at the scene.

Legal consequences

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The Brooklyn NYC intersection where the bus collided with the cyclistA school bus and a 44-year-old bicyclist were both traveling in the same direction along Fort Hamilton Parkway when the bus made a right turn onto 41st Street, resulting in the back of the bus striking the cyclist. Despite the immediate response of the bus driver, the bicyclist succumbed to his injuries, leaving behind a grieving family and a community in shock.

Local residents and witnesses to the accident expressed their condolences for the victim’s family and voiced their concerns about the safety of this particular intersection. They highlighted the area’s reputation as a busy and potentially dangerous spot for both cyclists and motorists alike. Instances like this underscore the urgency of addressing safety concerns on our roads.

In the aftermath of such a tragic incident, investigations are launched to determine the exact cause of the collision. Bicycle accident lawyers play a pivotal role in assisting victims and their families during this challenging time. They:

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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.