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 wrongful death NY

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Two 3-year-old twin boys died after drowning in their backyard pool in Melville, Long Island, NY. Nicholas and Anthony Aurilia  had just moved a month ago with their brother Christian and their parents Sue and Patrick to a new house in Melville Long Island with  a pool in the backyard. The pool area was still being renovated however when it was inspected in May all code requirements were met including gates, alarms and latches.

On Wednesday morning, the mother, Sue, woke up a little bit after her husband, Patrick, had left for work. As she looked through her bedroom window she saw the body of one of the twins floating on the top of the pool. She called 911 and ran to the rescue of Nicholas. She gave him CPR. When the emergency rescuers arrived she told them she could not find Anthony.   Firefighters located the body of the second twin at the bottom of the pool. Because the pool area was undergoing renovations, the pool hadn’t been cleaned yet and the water was green and murky. There was no visibility therefore the mother didn’t see the other boy at the bottom of the pool. Emergency rescuers gave CPR to Anthony and both boys were rushed to the hospital. Unfortunately they couldn’t be saved. The neighbors were in shock when  they heard what happened. (Read more on the New York CBS Local website)

Unintentional drowning is the number one cause of wrongful death among children between 1 and 4-years old and the second cause of wrongful death among children between 5 and 14-years-old. According to the most recent report of the Consumer Product Safety Commission (CPSC), Pool or Spa Submersion: Estimated Nonfatal Drowning Injuries and Reported Drownings, 2017,  346 children fatally drowned in swimming pools or spas in 2014 compared to 397 in 2010, a 13% decrease. 2010 is the year when the CPSC started its yearly campaign of awareness regarding pool drowning.

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“ Lissy McMahon’s sister, the executrix of her Estate made this video to express her appreciation for the NY Legislature passing Laverne’s Law. Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass. He is the co-chair of the Medical Malpractice Committee of the New York State Trial lawyers Association and co-chair of LawPAC of New York-the political action committee of the Trial Lawyers.  Recently, the New York State Legislature passed Lavern’s Law.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 4 year old son Jack.  Jeff now represents her estate.

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A worker died and another one was injured in a construction accident in Long Island, NY, last Wednesday. Edward Sinnott, an employee from the construction company Antonio and Sons, was buried to death in 15 feet of dirt. The accident occurred as the 59 year old man was standing on the top of the hole, directing the digging of a new cesspool system for a private home on Beech Place, in Hutington, NY. All of a sudden around 1pm, the cesspool collapsed, submerging Sinnott alive. Another construction worker who was standing next to him was able to survive by grabbing the bucket used to dig in the area. Crews used all types of equipment to try to find the construction worker quickly but his body was recovered  6 hours later. OSHA is now investigating the accident. The house was also reported unstable and unsafe. Read more in the Gothamist Our Partner Howard Hershenhorn recovered $3,500,000 in Suffolk County for the family of a man killed when the cesspool at his home collapsed.

 

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A construction worker was fatally struck by a bulldozer in Red Hook, NY last week. Susan M. Coons of Elizaville in Columbia County was working on a field leveling project for Jeff Decker & Son with another construction worker. 45 year old Kenneth Bendix was operating the 18-ton bulldozer. He struck her as he was moving the machine to make a minor adjustment to the blade.

The woman was transported to the hospital but she didn’t survive.

Read more in the Poughkeepsie Journal  

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diatracted driving accidents prevention poster

Just is all it takes

In New York Sate, car crashes involving distracted drivers killed 160 people and injured more than 33,000 in 20015 according to a study from the Institute for Traffic Safety Management and Research that was published a few months ago. The study estimates that around 20 to 22% of the fatal car accidents in New York State are related to distracted driving. The problem is not only in New York but all over The United States.  Nationally during the whole year of 2015, 3,477 people died and 391,000 were injured in distracted driving accidents.

April is “Distracted Driving Awareness Month” and during the whole month the National Safety Council (NSC) is campaigning to crack down on this epidemic. The NSC invites organizations and communities to share information about distracted driving. Various material is available to download on their website.

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the two young New Yorkers who alerted the residents about a fire in their buildingThree people died and several people were injured in NY fire accidents that erupted mostly in the North West area of the city these past few days.

Yesterday morning 3 people were injured in a fire that started in a third floor apartment of a 5-story building located on West 184th Street near Amsterdam Ave in Washington Heights. One of the victims was critically injured while the two others only suffered minor injuries. Read more in the NY Daily News.

Also yesterday in Mount Vernon, NY a mother and her child died in a fire accident. The fire broke out at the second floor of a residence located on 13th street. 11 people lived in the house. A 30 year old mother and her 17th month baby both died in the fire. Another person was injured and transported to the hospital. The causes of the fire accident are not clear yet. Read more and see pictures on PIX11 

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464 hard hats died in construction accidents in New York State between the beginning of 2006 and the end of 2016. 55 of them died in 2015. Construction is the second most dangerous industry in NY Sate after the agricultural industry. In New York City deaths related to construction accidents represent 34% of all occupational deaths compared to 32% in Los Angeles and 24% in Chicago. Most of these deaths are preventable according to the Annual Report on Construction Fatalities in New York State published this week by the New York Committee for Occupational Safety and Health (NYCOSH)

Over the last few years, the boom in the construction industry led to an increase in hard hat fatalities in New York City.  25 construction workers died on the job in 2015 compared to 22 in 2014, 17 in 2013, 20 in 2013 and 17 in 2011. Over these five years, almost 60% of the fatalities were related to falls.  Other common construction accidents were related to elevator installations, electrocutions, falling objects and workers caught between equipment or machinery. From 2014 to 2015, the number of NYC construction accidents involving injury or death almost doubled, It went from 231 in 2014 to 435 in 2015.

fatal construction accidents NYC
There are only 66 OSHA inspectors in New York State. In 2014, these inspectors visited more than 2,000 construction sites. Inspectors found violations on 2 out of 3 sites visited. The most common violation was failure to protect workers from falls. The average fine was $3,673. Since August 2016, OSHA increased its fines, hoping that it may deter contractors from violating safety standards. This increase in penalties took place two months after the preventable death of 22 year old Carlos Moncayo. After the death of Moncayo, Manhattan District Attorney Cyrus Vance collaborated with construction workers advocate groups to support the use of criminal laws to prosecute negligent contractors who recklessly endangered their employees life (see previous blog). As a result, Moncayo’s employer was criminally convicted and sent  to jail.

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A woman died from her injuries after being struck by a car at a Long Island gas station. 62 year old Rosalie Koenig, was pumping gas when an out of control car crashed into the gas station. Koenig was pinned between the pump and her car. The reckless driver, 53 year old Renee McKinney, lost control of her vehicle after she overdosed on heroin. She was arrested by the police and charged with driving while impaired by drugs. Koenig was transported to the hospital with critical injuries. She died the following day. The accident happened at a gas station located on William Floyd Parkway in Shirley, Long Island.

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Our NY personal injury law firm is proud to announce that our partners Ben Rubinowitz and Richard Steigman obtained a $7.75 million settlement in  a snowmobile accident in Saranac Lake, NY.

snowmobile accident
The plaintiffs, Thomas Taylor (63) and Linda Taylor (57) were guests at The Point at Saranac Lake, a luxury 5-star hotel in Franklin County. The plaintiffs claimed that the hotel arranged a snowmobile tour with Adirondack Snowmobile Rental. The tour was set up by the hotel for the plaintiffs and four other guests (2 other couples) who were also staying at the hotel. All 6 of the guests were beginners – each of whom had never been on a snowmobile before.Payment was arranged through the hotel. The hotel not only arranged the tour but charged the guests 20% extra for this service.

The Tour Guide, Robert Pinsdorf, an employee of Adirondack Snowmobile, started the tour approximately 10 miles from the hotel, at a campground know as Charlie’s Inn. The hotel guests were given a 10-20 minute lesson in the operation of the snowmobile; however, the guide was charged with the responsibility of leading the guests on the tour and keeping them safe throughout the tour. The plaintiffs claimed that they were unfamiliar with the trails, road crossing and trail signs. Although the first hour of the tour went fine during the second hour, one of the snowmobiles broke down due to a faulty drive belt. The tour guide then decided to head back to Charlie’s Inn to get another belt. He left one guest in the broken snowmobile and took one guest with him on his snowmobile. He told the others to follow him. It was claimed that he was in a rush and, at this time, failed to protect the novice snowmobilers by traveling ahead of them without warning them of road crossings and stop signs and without knowing where they were. Plaintiff s decedent, Thomas Taylor, failed to stop for a stop sign. It was claimed that he was unaware that he was traveling towards a road and stop sign. It was at this point that the plaintiff s decedent crossed the road, without stopping, and was struck by a van driven by an elderly man (who was dismissed from the case on summary judgment).

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accident scene3 people died and 2 suffered personal injury in a car accident in Upstate New York last Saturday around 4:20 am. All the victims were in their 20ies. Nelson Osegueda, Ray Rivera, and Waner Nunez were riding in a car with two other young women on Route 6 in Southeast, NY, toward Danbury.  A deputy sheriff allegedly saw the car swerving over the center line and suspected the driver was intoxicated. He tried to pull the car over. As the driver didn’t comply, the deputy sheriff started to chase the car. The average speed of the chase was around 65 mph and twice went up to 80 mph. As the deputy sheriff arrived near the border of his jurisdiction, he alerted the Danbury police and slowed down. According to the deputy sheriff, the chased car then sped up. 15 seconds later the driver hit a utility pole.

The car was completely mangled. the 3 young men mentioned above died and the two young women were injured. One of them suffered serious leg fractures. They were transported to the hospital to be treated.

Read more in Newstimes