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 personal injury NY

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rear-car-seatSince November 1st, all children under the age of 2 instead of 1 previously, must use a rear-facing car seat when riding in a car in New York State. This requirement is coming on top of the actual New York State Child Passenger Restraint Law that was enacted in 1982 and requires that:

  • all children under the age of 4 ride in child safety seats
  • all children ride in child restraint systems until their 8th birthday
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leave raking can lead to injuriesSummer is over, the trees are changing colors, the kids are back to school and the weather is getting colder and wetter.

The change of season also affects doctor offices and emergency rooms where typical summer injuries such as injuries related to water activities or burns from BBQ are slowing down and autumn injuries are increasing.

While in the city most people do not have a private yard, most people living in Upstate New York or in New York City suburbs ares starting to rake leaves around their house. While raking leaves might be perceived as a fun autumnal activity it can also lead to serious injuries. In the US 76,000 people are injured every year while raking leaves or using manual garden tools related to this activity. Many of these injuries include back strains or wrist strains due to the repetitive movements of raking.

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E-Cigarette-16 people have now died in the US and 450 others, including 64 of them in New York, have suffered lung injuries connected to vaping. In order to prevent more deaths and injuries related to vaping in New York State, Governor Cuomo just announced that he is planning to issue an emergency regulation to ban all vape flavors beside tobacco and menthol.  By banning fruity and sweet flavors such as bubble gum,  cotton candy or captain crunch that are usually appealing to teenage customers, the governor hopes that he can fight addiction to nicotine at an early age.  Tobacco and menthol flavors will be allowed as some studies have indicated that vaping might help smokers to quit cigarettes. The American Lung Association released a statement criticizing Cuomo’s decision to keep tobacco and menthol flavors saying that it will just make more people addicted to menthol flavor.  The governor said a ban of menthol might be considered in the future.

Investigation by the NY Department of Health

In addition to the ban, the NY Department of health will also investigate the 64 cases of lung injuries that occurred in New York State.  So far it has been difficult to identify exactly what caused some vape users to check in to the emergency room however according to the NY Department of Health many cases were linked to cannabis products which contained a high level of vitamin E acetate. Vitamin E acetate acts as a thickening agent for vaping products. As a result of this preliminary investigation, Cuomo also directed the Department of Health to subpoena companies that are manufacturing and selling what is called “thickening agents” which are often added to black market products.

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Location of the fatal accident caused by drunk driver Upstate NY3 people died and 6 were injured in a car accident in Upstate New York on Sunday morning. The victims were all members of the same family and were on their way to Niagara Falls. They were all riding in a Kia Sedona minivan when they were T-boned by a drunk driver who blew a stop sign in Sheldon, a small town in Upstate New York.

Among those who died were 4 year old Kiara Hernandez, her mother, 32 year old Mayelin Broti-Castro and her grandmother, 47 year old Ondina Castro de la Cruz. 6 other family members all from Perth Amboy, NJ, were also injured in the crash and taken to the hospital. The driver was identified as 20 year old Richard Sawicki. He was also injured in the accident, transported to the hospital and later on taken into custody where he is being held in lieu of $200,000 bond. He is facing vehicular homicide, DWI and reckless driving charges. He is due in Court on June 10.

Drunk Driver blew the stop sign

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3 pedestrians were injured in a car accident in Long Island, NY, after a drunk driver jumped the curb and struck them. 66-year-old Mitchell  Messling was intoxicated and witnesses said he was driving erratically on West Merrick Road in Freeport when he jumped the curb and struck a family of 3 yesterday afternoon around 4:00 pm.  A 11-year-old boy was seriously injured and had to be evacuated by helicopter while his parents were rushed to the hospital by ambulance.

The driver was arrested and charged with second-degree assault, second-degree vehicular assault, two counts of third-degree assault, two counts of driving while intoxicated, reckless endangerment, and reckless driving. He is due in Court Today in Hempstead.

https://www.youtube.com/watch?v=k6QRlyQjnVs

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harness safety equipment on scaffoldOn April 28th, Workers Memorial Day commemorated those who have suffered and died on the job. The NY construction industry accounts for a large share of the deaths and injuries suffered by workers. While fatal construction accidents have declined by 23% in New York City over the last 5 years they increased by 39% in New York State. The main reason behind this discrepancy is the difference in regulations. While stronger regulations and an increase of enforcement and control could help reduce the construction safety crisis in New York State, businesses are heavily lobbying against them.

In New York City things are not perfect either ( 3 construction workers died over a one week period last month) but long term statistics indicate that new and old policies are helping in making construction sites safer for workers. In 2019 the funding for the New York City Department of Buildings increased to 189 million compared to 107 million in 2015. The Department was able to hire 700 more employees and increase the number of work-site inspections.  The recent implementation of Local Law 196 that requires all construction workers to have a minimum amount of safety training before being able to work on a construction site in New York City will also be helpful in preventing dangerous injury and deaths.

Scaffold Safety Law

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Runners in Central ParkAmateur athletes have a higher risk of getting injured in the spring than in the middle or the end of the warm season. As the weather is getting really nice in New York, most of us just want to get out of the house and enjoy outdoor activities.  Don’t over do it warn orthopedists and sports medicine specialists who are seeing an increase of patients every year when spring comes. Take it easy when you get back to your favorite activity as your brain might very well remember the moves but your body is still in winter mode.

Runners have a high risk of getting injured in the spring

Runner knee is the most common spring time injury reported by doctors. Runner knee or chondromalacia patellae is a damage to the cartilage under the knee cap. It is mainly caused by over training. People get excited by the nice weather and they start to run again. They haven’t run much during the winter season and they forget that their body needs to adapt again. Doctors recommend runners to take it easy when they start to run again. A gradual increase of the weakly mileage; taking a day of break between each run to let the body rest; adjusting speed and avoiding steep hills will help avoid injuries.Ditching your old worn shoes for new supportive shoes can also help avoid plantar fasciitis which is another injury caused by excessive running. Another common spring injury is Achilles tendinitis. Runners who are doing too much too quickly and middle aged people who played sports such as tennis or basketball on an irregular basis are the most at risk.Ankles sprains from falls or misplaced steps are quite common as well. Those getting back into tennis, baseball or rock climbing after being less active during the winter should beware of rotator cuff injury and tennis elbow.
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New-York-Slip-and-Fall1Every day 223 older adults visit the emergency room after being injured in a fall in NY State, 140 are hospitalized and 2 die. Fall is the leading cause of unintentional injuries and deaths among older New Yorkers and among older people in the US as well. In the US every 19 minutes an older person dies from injuries related to a fall.

For people over 65 year old, falls often have serious consequences that can affect their global well being, their mobility, their independence and their mental health. 60% of the older New Yorkers who are hospitalized after a fall end up in a nursing home or a rehabilitation center. 11% of them suffer traumatic brain injury and 27% of them suffer from hip fractures.  In most cases falls occur at home. 60% of older adults hospitalized for a fall in New York fell in their own home.

Obviously as people get older, they loose some of their strength,  they sometimes have physical disabilities, their vision is decreasing and they take more medication which can lead to drowsiness. All these factors increase the risk of fall.

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LIRR train Accident NY3 people died and 7 were injured after a vehicle collided with two trains travelling in opposite directionsa in Long Island, NY.

The train accident occurred Tuesday night during rush hour at a railroad crossing near the Long Island Rail Road Westbury Station in Nassau County, NY. As the gates were down and the lights were flashing, the driver of the vehicle involved in the accident was witnessed driving around the gates to cross the railroad tracks. As he was in the middle of the railroad crossing, the vehicle was struck by a train that had just left the Westbury station and was heading East. The vehicle was then hit a second time by another train arriving at full speed in the opposite direction. The impact caused the two first cars of the westbound train to derail while the last car of the eastbound train struck a platform and partially destroyed it. The 3 occupants of the vehicle all died in the accident. So far the vehicle was so mangled that it was difficult to identify who were the victims and what type of vehicle it was. After further investigation the police found that the victims were 3 workers of a grocery store located a block away from the crossing: dairy manager Jesus Hernandez, and meat department workers Saul Martinez and Miguel Luna. According to a witness the men travelling in a maroon SUV might have been involved in a fender bender moments earlier and were trying to  flee the scene of the accident.

7 other people who were travelling on the westbound train were also injured. They were transported to the hospital to be treated for non fatal injuries. Around 1000 people had to be evacuated from both trains and heavy delays were expected as crews had to work on two train derailments and assess damages to the tracks and to the platform.

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helpOn January 28 2019, there was a major development for those who have been victims of sexual abuse as children. Both chambers of the New York State Legislature passed the Child Victims Act, which has been sent to Governor Cuomo for his signature.

The Child Victims Act extends the current statute of limitations for childhood sex abuse that occurred in the state of New York. Under the new law, prosecutors will be able to bring criminal charges against sexual abusers until the victim is 28 years old. The act also allows victims to bring a lawsuit in civil court against their abusers until the age of 55.

In addition, the act allows a one-year window, starting six months from the effective date of the act, for past victims of child sexual abuse to initiate lawsuits against their abusers and the public and private institutions that let the abuse happen. Further, the act eliminates the Notice of Claim requirement for bringing suits against public institutions both prospectively and during the one-year window for past victims.