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

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Lithium ion battery can be dangerousDefective lithium-Ion e-bike batteries have been the cause of 216 fires in NYC last year. 147 people suffered personal injury and 6 of them died in these fires. This year so far more than 20 lithium-ion battery fires have caused serious injury and death. Two weeks ago, in Brooklyn, a woman died from her injuries after being rescued from a fire in her building that was caused by batteries exploding in an another apartment that a tenant had transformed into an illegal lithium battery repair shop.

Yesterday the New York City Council voted on a legislative package dedicated to strengthen safety and prevent fires related to e-bike batteries:

  • Introduction 663-A restricts the sale, lease or rental of e-bike, e-scooter or any other mobility device powered by lithium batteries as well as storage batteries that do not meet recognized safety standards.  This means that these devices and their storage batteries will have to be tested by an accredited laboratory and  meet the applicable Underwriters Laboratories (UL) standards. the testing laboratory or name will have to be displayed on the product itself or on the packaging or documentation.
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e-scootersThe Consumer Product Safety Commission just released an in-depth report on personal injuries, deaths and hazards linked to the usage of micro-mobility devices. The report looked at data from 2017 to 2021 and  found that personal injuries and fatalities have been growing significantly over the last 5 years.

Hoverboards and e-scooter accidents accounted for almost 90% of all visits to the Emergency Department

It is estimated that 34,000 people visited the Emergency Room in 2017, after they suffered personal injury associated with the usage of a micromobility device.

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The lithium battery of this bike might be defectiveAncheer is recalling the potentially defective lithium battery of 22,000 e-bikes. The recall decision was made after the company received 6 reports of accidents that include batteries igniting and causing sparks, fires and/or explosions. Among the 6 accidents reported, 4 resulted in burn injuries.

The battery recalled is a cylindrical battery that looks like a water bottle and is mounted on the Ancheer e-bikes model AM001907. The model number can not be found on the bike but on the packaging and on the user manual.

The recalled Ancheer e-bikes models were sold between January 2016 and June 2022 by major retailers including Walmart, Sears, Amazon, eBay, Overstock, Aliexpress, Ancheer, Newegg, Rakuten and Wish.

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MeFDA-logodtronic HeartWare Ventricular Assist Device (HVAD) device caused the wrongful death of more than 3,000 people since it was introduced on the market more than 10 years ago. The sale and distribution of the heart pump was stopped in June last year but many patients still have the pump implanted in them. Now some of the batteries powering the device might be deadly too.

Medtronic announced last May that a model of battery that was powering the Medtronic HeartWare Ventricular Assist Device (HVAD) was defective and that it could cause serious personal injury or death if it was not changed for a new battery. An urgent Medical Device Correction letter was sent out by Medtronic to all affected customers on May 5th  recalling 429 devices manufactured in April 2021. Then a month later, after the company received 1,159 complaints including 6  injuries and one death, the recall of the same model of batteries was extended to those that were distributed since January 2009.

The recall affects 23,372 Medtronic HVDA Batteries with model number 1650DE that were distributed between January 1st 2009 and now

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cyber attack can arm patientsHospitals are one of the favorite targets of ransomware hackers because hospitals simply can’t afford to have their IT down as it can cause severe harm or even death to patients. As a result when a hospital  has its systems blocked by hackers it might be more willing to pay a ransom than any other type of organization in order to get their systems working again.

Recently, a debt collection company working with 657 healthcare providers announced that it had been the victim of a cyber attack. Hackers were able to obtain patients information including their name, address, social security number and medical information. It is unclear so far how many patients have been affected but this might have been of of the largest healthcare data breach of 2022.

CISA warns hospitals and healthcare providers of Maui ransomware

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Forklifts can be dangerous and result in accidentsAround 100 people die and around 34,000 are injured in forklift accidents every year. The most common forklift accidents are rollovers  and in almost half of the fatal accidents, the operator of the forklift is being crushed when the forklift tips over. Forklifts can also be very dangerous to pedestrians who can get struck or crushed by a forklift or by a falling load.

To raise awareness about forklift safety, the second Tuesday of June is NATIONAL FORKLIFT SAFETY DAY for the 9th consecutive year.

Why do forklift accidents occur?

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Injured in New YorkIn New York,  anyone who suffered injury or damages as a result of the negligence of someone else or of an entity can file a claim. In order to obtain compensation the victim will have to prove the liability of the person or entity responsible for the injury and the damages resulting from the negligence. These element constitute the basis of a personal injury case. Because they are sometimes difficult to evaluate, victims of personal injury, especially those who suffered catastrophic injury work with personal injury attorneys who will handle their claims so they can concentrate on their recovery.

In New York, the most common personal injury claims are auto accident claims. In New York City only, according to the most recent statistics, 15 people were killed and 4,105 people were injured in car accidents last March.  Among those killed were 8 pedestrians, 3 drivers and 4 passengers. Among those injured were 1782 drivers, 1289 passengers, 294 cyclists and 740 pedestrians. Crash injuries or death are most of the time caused by the negligence of another road user and therefore  victims of car accidents can often file a personal injury claim.

Premises liability claim are also quite common in New York City as anyone who suffers injury on the premises of a residential or commercial property that was caused by dangerous or defective conditions on the premises can potentially file a lawsuit. Falling debris from inadequately maintained buildings, faulty cellar doors or cellar grate, sidewalks not proprely maintained, defective elevator or escalator, electrical issues can all lead to accidents causing personal injury and sometimes death.

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In its latest bulletin, the Center for Construction Research and Training looks at injuries and fatalities sustained by construction workers in the US over a 10 years period. Based on data from the U.S. Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) for the fatal injuries and on on employer logs obtained from the BLS Survey of Occupational Injuries and Illnesses (SOII) for the non fatal injuries, this bulletin provides an overview of the trends of injuries and deaths in the construction industry.

Construction work remains one of  the most dangerous job in the US

In 2020 construction workers represented 7.3% of the total workforce in the US and 21.7% of the workforce fatal injuries. Globally, between 2011 and 2020, working on a construction site became more dangerous with both hard hat fatality and injury rates on the rise. 2020 was affected by the Covid 19 pandemic and while less fatalities and injuries were reported because the activity was limited, the fatality rate and the injury rate both reached a record high that year.

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fall prevention posterLast year, 7 out of the 9 NYC construction worker deaths reported by the Department of Buildings were caused by falls. Additionnally the DOB also reported that 194 workers were injured in fall accidents on New York City construction sites during the same period. This was a record high compared to the previous years (see previous blog). Despite increased safety training requirements for workers, fall remains the number one cause of accident deaths and injuries in the New York construction industry and nationally as well. According to the most recent statistics from the BLS 351 out of the 1,008 construction fatalities recorded nationally in 2020 were fall fatalities. Most of these accidents were preventable.

Preventing fall accidents is the reason why, every year, the Occupational Safety and Health Administration in collaboration with multiple other partners involved in workplace safety such as the CPWR and NORA are organizing a National Stand Down during which employers are invited to voluntarily take a break from work and sit down with their workers to discuss or participate to activities  related to fall hazards.

Anyone can participate and every year sees more and more participants from major corporate construction companies to small contractors, including the US Army and other governmental participants. All employers  participating receive a certificate.

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drone inspection can prevent accidentsRecent studies found that drones can be helpful in identifying hazards and preventing workers getting injured or killed in construction accidents.  The Center for Construction Research and Training is hosting a free webinar on Wednesday March 23 about drones in construction and specifically how they can help make construction sites safer. The webinar will be presented by the authors of 3 studies in this field:

  1. Rod Handy, MBA, Ph.D., CIH, University of Utah  who is the lead author of a study entitled Nebulizer-retrofitted drone deployment at residential construction sites will explain how water spraying drones can reduce exposure to air pollution and heat stress and as a result prevent dangerous illnesses
  2. Masoud Gheisari, Ph.D., Assistant Professor, M.E. Rinker, Sr. School of Construction Management, University of Florida who is the lead author of Using unmanned aerial systems for automated fall hazard monitoring in high-rise construction will share how drone technology can help identifying hazards and safety issues on construction sites especially the most common and dangerous ones that are related to falls. His study focuses on the monitoring of guardrails near unprotected edges and openings in a high rise construction site. The author developed an automated fall hazard recognition system that could facilitate the recognition of guardrails in high rise construction projects.
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