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 Negligence

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Pollack and ReiterProtecting children from sexual abuse, mistreatment, emotional abuse or neglect is an every day combat that we should all join as a Nation.

In a recent article, Daniel Pollack,  an attorney and professor at Yeshiva University’s School of Social Work in New York City and Elisa Reiter,an attorney, Board Certified in Family Law and Child Welfare Law by the Texas Board of Legal Specialization, look back at 2020 and how the pandemic affected children suffering abuse.

School as a support to abused children

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Disabled residents at a NYC group home have been physically abused and neglected for years. A lawsuit file against Union Ave. IRA, a group home in the Bronx alleged that disableD residents were physically abused and neglected dozens of time over the last ten years. The lawsuit was filed by the residents’ guardians in the U.S. District Court, Southern District of New York. One of them claimed in the lawsuit that his sister was raped while living at the group home. The guardians are not only suing the staffers from from the group home but also officials from the Office for People with Developmental Disabilities who are supposed to make sure disabled residents are safe. Read more in the NY Daily News

Union Ave Group Home

Picture: courtesy of Google Map

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Daniel+Pollack-1Group homes are mostly sued when an employee neglects a resident or when one of them is abused.

Negligence often results from unintentional wrongdoing by employees in the group home or from denial of care or delayed care. A group home can also be sued when employees fail to protect a resident from injuring himself or from being injured by other residents.

Abuse is unfortunately also common in group homes and is mostly related to sexual misconduct especially toward minors.

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Daniel+Pollack-1Many parents who suffer mental illness are still fit to take care of their children.  However in some cases the mental illness of a parent may be such that it may impair the emotional development of a child and his or her physical health. In such cases, the court may restrict parenting time. In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City explains how a determination of mental illness or instability may affect affect the court’s decision as to child custody. The article also describes how the court is assessing the mental fitness of the parent. It also explains how difficult it can be for the court to act in the best interest of the child while respecting the parent’s right to privacy and confidentiality and points out how human service agencies can help in providing useful and objective information that will serve the child’s best interest.

The complete article can be downloaded here

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uberNegligent safety practices such as not doing enough while checking drivers backgrounds are putting Uber users’s safety at risk.  The popular car service company just settled a lawsuit that was filed against it two years ago by the District Attorneys of San Francisco and Los Angeles over the claim that the company misled clients on its safety practices and the methods used to screen drivers.

Uber will have to pay $10 million split between the District Attorneys of San Francisco and Los Angeles and another $15 million if it doesn’t comply with the terms of the settlement after two years.

The lawsuit alleged Uber doesn’t do enough to protect its passengers. Drivers are screened by a third party and don’t need to provide fingerprints. Last year third party background checks failed to uncover the criminal records of 25 drivers in San Francisco and Los Angeles.

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Daniel+Pollack-1By simply noting red-flag concerns front and center of  a patient’s file, child welfare workers can protect children from being seriously abused, injured or killed. In a recent article in Youth Today, Daniel Pollack, a professor at the Wurzweiler School of Social Work, Yeshiva University in New York City and a frequent expert witness in child welfare cases describes how crucial information related to a child’s personal safety can get buried into electronic files and later lead to disaster. For example red flag sentences such as “Johnny is a runner. He needs to be watched at all time” should not be hidden somewhere in the child’s file but should be front and center of the file so, as time goes by, the next person to open the file will make sure Johnny doesn’t get killed running into traffic.

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Most Surgical Fires result from Medical Malpractice or negligence causing serious injury, disfigurement, and even death. They occur in, on or around a patient who is undergoing a surgical procedure. An estimated 550 to 650 surgical fires occur in the United States per year. Despite the fact that the root causes of surgical fires are well-understood, surgical fires still occur.

To promote actions to reduce the risk of risk of surgical fires.The Preventing Surgical Fires Initiative is celebrating its second anniversary during National Fire Prevention Week, October 6-12, 2013.

Fires happen during surgery because the 3 elements needed to start a fire (fire triangle) are present in an operating room:

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A woman was struck and killed by a hit and run driver in the Bronx, New York, yesterday night after a a club bouncer asked everybody to exit the club because someone had a gun. Over a hundred patrons started to run out of the club and poured across the street in a panic. As she was running away, a young woman was struck and killed by a car who sped away without even slowing down.

Nightclub owners are responsible for providing adequate safety for their patrons. This includes the responsibility to hire an adequate number of properly trained security employees who can monitor the crowd in any type of situation and are able to act effectively when problems arise. In this particular case, the security staff seems to have been completely overwhelmed by the situation. Therefore the club owner may be liable for negligent security.

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Last April the explosion at a fertilizer plant in West Texas was of the magnitude of a small earthquake. It killed 15, destroyed houses, businesses and municipal buildings, and left a 93-foot crater. To avoid such a tragedy in the future, President Obama last week signed an executive order directing Federal agencies to work with stakeholders to improve chemical safety and security.

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A 61 year old man was crossing the road when a NYPD van hit him. The accident took place on Broadway at Hooper St. under the elevated J line in Williamsburg, Brooklyn, New York. The poor man was declared dead when he arrived to the hospital.
Read the story in the Daily News