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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Car Accident in NYThe upcoming Memorial Day weekend, traditionally a time for celebration and travel, also marks one of the most dangerous periods on U.S. roads.

As attorneys representing victims of car accidents, we recognize the profound impact that crashes can have on individuals and families.  The National Safety Council (NSC) estimates that 418 people may lose their lives in motor vehicle crashes over the holiday period from Friday, May 24, to Monday, May 27. This represents an 11% decrease compared to last year’s estimate, but it still underscores the critical need for heightened awareness and preventive measures.

The Role of Infrastructure and Driver Behavior

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carbon monoxide danger signTen individuals were hospitalized due to carbon monoxide poisoning at a residence on Roosevelt Ave. This event underscores the silent but deadly threat posed by carbon monoxide (CO) in urban dwellings. Carbon monoxide is an odorless, colorless gas that can cause sudden illness and death if inhaled in large quantities. Properties in New York City are not immune to this hazard, making it imperative for property owners, landlords, and tenants to understand their legal responsibilities and rights.

Legal Duties and Responsibilities

In New York City, property owners and landlords are legally obligated to ensure their buildings are safe and comply with local, state, and federal safety standards. This includes installing carbon monoxide detectors in accordance with the New York City Administrative Code, which mandates CO detectors in most residential dwellings. Failure to install and maintain these detectors can result in legal consequences, including fines and liability for any injuries or deaths that occur due to non-compliance.

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construction workers must be protectedUnder a transformative Biden administration policy, hundreds of laborers have stepped out of the shadows, informing on unscrupulous employers and, in return, receiving something invaluable: legal work permits and protection from deportation.

This policy, which focuses on protecting workplace whistleblowers and aiding prosecutors, has changed the lives of many, including José Moncada and a welder known only as Alejo. Moncada, who suffered a wrist injury on the job, and Alejo, who experienced a near-devastating eye injury, both faced directives from their foremen to conceal the true nature of their injuries to avoid compensation claims. Despite the risks, they chose to come forward, working with law enforcement to expose the fraudulent practices of their employers. Their bravery was rewarded not just with the satisfaction of justice but with the legal right to work in the U.S., a privilege they had been denied for over a decade due to their undocumented status.

The heart of this policy is deferred action, a form of discretionary relief that allows immigrants who have been exploited at work or who have cooperated with law enforcement investigations to apply for protection from deportation and work permits. This policy not only acknowledges the valuable contributions of immigrant workers but also provides them with a pathway to emerge from the exploitation prevalent in the underground economy. It’s a clear message: their rights matter, and they no longer need to live in fear.

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Misdiagnosis can lead to serious harm and deathMisdiagnosis of diseases and medical conditions is leading to an estimated 800,000 cases of permanent disability or death each year according to a recent study published by researchers at the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, in partnership with researchers from the Risk Management Foundation of Harvard Medical Institutions Inc.

Misdiagnosis is not a mere statistic; it is a human tragedy that affects hundreds of thousands of patients and their families every year. The report reveals that approximately 371,000 people lose their lives, while another 424,000 suffer from permanent disabilities annually due to misdiagnosis. These disabilities encompass brain damage, blindness, loss of limbs or organs, and even metastasized cancer. Behind these numbers are real individuals whose lives have been irreversibly altered or lost due to medical negligence.

The Top Culprits: Stroke and Other Common Diseases

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NYC construction workers have a high risk of fatalitiesAs construction accident attorneys in New York, we have witnessed the devastating consequences of heat-related injuries among construction workers.

The parents of Tim Barber, a young construction worker who tragically lost his life due to heat stroke on his second day at a new job Upstate NY, have been tirelessly raising awareness about heat-related illnesses. They have played a crucial role in advocating for a New York bill called the Temperature Extreme Mitigation Program, aimed at amending the state’s labor law to provide broader protections against the risks posed by heat and cold stress. Regrettably, despite their efforts, the bill did not successfully pass into law.

With the summer months upon us, it is crucial to shed light on this pressing issue and explore preventive measures that can ensure the safety of construction workers during the summer. By recognizing the risks associated with heat exposure and implementing appropriate safety protocols, we can protect construction workers from the debilitating effects of heat-related injuries.

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NYSLTAJust a friendly reminder that tomorrow, The New York State Trial Lawyers Association is hosting a daylong continuing legal education (CLE) master series. This event offers a unique opportunity to gain insights from some of the most successful trial attorneys of the past half-century. The faculty, chaired by our esteemed managing partner Ben Rubinowitz and featuring our partner Marijo Adimey, collectively represent over 200 years of invaluable experience. NYSTLA President Thomas P. Valet describes this event as an “unprecedented coming together” of legal talent.

Don’t miss out on this exceptional event! Join us tomorrow for a day filled with enriching discussions and invaluable knowledge-sharing. Register now to secure your spot at this esteemed webinar panel.

Event Details:

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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