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 NYC

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Bronx accident sceneAs Bronx car accident lawyers, we want to highlight the devastating accidents that occurred this past weekend, resulting in the loss of two lives and leaving several others injured. The Bronx witnessed two separate tragic car accidents, both resulting in heartache for the victims’ families. Here are the details of these unfortunate events:

Collision at Viele Ave. and Manida St.

Early Saturday morning, a 21-year-old woman from Pennsylvania lost her life in a tragic collision. Jinmaris Melendez of Lancaster, Pa., was in the passenger seat of a Ford Focus when it collided with a purple BMW at around 2:45 a.m. at the intersection of Viele Ave. and Manida St. in Hunts Point.

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Brooklyn DA OfficeAs personal injury attorneys representing victims in Brooklyn, we have witnessed firsthand the devastating consequences of negligence in the construction industry. The recent conviction of a Nassau County construction company owner for criminally negligent homicide in the death of a young girl serves as a reminder of the critical importance of adhering to building codes and safety protocols.

On August 29, 2019, a tragic event unfolded in Bushwick, Brooklyn, when 5-year-old Alysson Pinto-Chaumana lost her life due to the collapse of a poorly constructed stone wall. Alysson, along with her mother and friends, was visiting a residence at 444 Harman Street. While waiting on the enclosed patio, the stone pillars and horizontal plates of the wall suddenly fell, crushing Alysson and causing her untimely death.

An in-depth investigation revealed that Nadeem Anwar, the owner of City Wide Construction and Renovations, Inc., had constructed the wall in violation of numerous provisions of the New York City Building Code.

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NYC Construction accident injuries and deaths in 2023As New York City construction accident attorneys, we are continually monitoring the trends and statistics related to construction safety in our city. Despite the overall high levels of construction activity, which naturally elevates the potential for hazardous incidents, there has been a notable decrease in fatalities within the industry. According to the Department of Buildings (DOB), there was a 36% decline in fatal incidents related to building construction activities in 2023, a nine-year low with seven workers tragically losing their lives.

However, this positive trend in reduced fatalities does not overshadow a concerning increase in the number of reported incidents and injuries on construction sites. Injuries have increased by 38% over the past three years as construction activity resumed post-pandemic. Notably, 2023 saw a significant rise in incidents such as ladder falls, stair falls, and tripping—common types of accidents that often lead to severe injuries.

From a legal perspective, it’s crucial to recognize that each injury and fatality is not just a statistic but represents a worker and their family facing significant distress

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location of the deadly box truck hit and run accident in QueensLast Sunday afternoon near JFK Airport, a devastating accident claimed the life of 68-year-old U Fo Ng. Mr. Ng was parked along the shoulder of the Nassau Expressway when an unidentified box truck driver veered off the road, striking his Honda CRV in a lethal collision. The driver, in a flagrant disregard for human life and legal obligation, chose to flee the scene.

As attorneys specializing in truck accidents, this tragic accident underscores the devastating impact that negligent driving and hit-and-run behavior can have on victims and their families. The loss of U Fo Ng is not just a statistic; it represents a profound personal tragedy for his loved ones and a grave injustice that demands legal redress.

The Legal Ramifications of Hit-and-Run Accidents

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manolos-truckingAs dump truck accident lawyers, we have seen far too many cases where negligence leads to devastating consequences on our roads.

Last Thursday, 58 year old Maria Piovanetti was crossing the intersection of Tilden Ave and Flatbush Ave in Brooklyn, NYC, with the light in her favor when the reckless driver of a dump truck who initially stopped decided to take off and ran the red light fatally striking the victim (see video below). 6  months earlier the exact same truck belonging to New Jersey  company Manolos Trucking killed Kristina Naprawa, a crossing guard in Queens.

These two fatal accidents involving two different drivers working for Manolos Trucking highlights the pressing need for stricter oversight and accountability within the trucking industry.

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Fazil Khan victim of a lithium battery explosionIn an urgent response to the rising threat posed by lithium-ion battery fires, New York City Council has enacted two new e-bike safety regulations. This legislative action, motivated by a tragic fire in Harlem sparked by a lithium-ion battery, underscores the city’s commitment to addressing the dangers associated with these batteries. The fire accident, which claimed the life of 27-year-old Fazil Khan, a young journalist,  and critically injured four others, has catalyzed a city-wide discourse on the safety of e-mobility devices.

The first rule mandates that businesses selling e-bikes and e-scooters must display safety information regarding the storage of lithium-ion batteries both in-store and online. This is a critical measure aimed at educating the public on proper battery handling to mitigate fire risks. The second regulation intensifies the crackdown on the sale of non-UL-certified batteries by enhancing penalties for illegal sales and bolstering city enforcement. These steps, while significant, are part of a broader call for comprehensive federal legislation to ensure the sale of only certified batteries across the United States.

Parallel to these legislative efforts, New York City is pioneering a solution to one of the most pressing issues related to e-bike safety: battery charging. The city has launched a pilot program to establish public e-bike charging hubs in Manhattan and Brooklyn, offering a safer alternative to charging batteries indoors. The initiative kicked off with the unveiling of the first hub at Cooper Square in the East Village.

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location of the fatal pedestrian pickup truck accidentThe tragic death of Danielle Aber in Greenpoint, Brooklyn, after enduring a week of suffering from injuries sustained in a truck accident, casts a stark light on the vulnerabilities pedestrians face and the critical need for stronger legal safeguards. This accident not only highlights the physical and emotional toll on the victim and their loved ones but also highlights the gaps in our legal and traffic safety systems.

Danielle Aber’s prolonged fight for life before succumbing to her injuries raises significant legal and ethical questions about the responsibilities of drivers, particularly those operating large vehicles in densely populated areas. The charges against the pick-up truck driver, Stanley Manel who had 26 previous camera violations, for failing to yield and exercise due care, while necessary, prompt a broader discussion on the adequacy of such measures in addressing the severity of the consequences of traffic violations.

The Urgent Need for Legal and Policy Reform

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Brooklyn location of the fatal bicycle accidentOn Tuesday morning a cyclist was fatally injured in a collision precipitated by a suddenly opened car door in Williamsburg, Brooklyn. The impact sent the cyclist into the path of an oncoming Hyundai Elantra, resulting in catastrophic injuries that led to his untimely death. The accident occurred a block away from another fatal crash less than 12 hours prior.

As bicycle accident lawyers deeply entrenched in the fight for NYC cyclists’ rights and safety, these two accidents underscore a critical and ongoing issue within our urban infrastructure and legal systems.

While the driver of the Elantra remained at the scene and an investigation is underway, the legal journey ahead for the victims’ families will undoubtedly be fraught with challenges. In cases like these, a bicycle accident lawyer plays a crucial role in navigating the complexities of the legal system, advocating for the deceased’s rights, and ensuring that justice is served. This includes thorough investigations to establish liability, negotiating with insurance companies, and if necessary, litigating to secure compensation for the victims’ families.

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Last week in Sunset Park, Brooklyn, a 74-year-old woman lost her life in a manner that no one should ever have to fear: struck down by falling debris from her own home. A large chunk of decorative brick façade, stationed above the entrance door of a three-story brownstone at 5402 6th Ave. and 54th Street, plummeted to the ground. At the time, the victim was clearing snow from the steps of her residence. Surveillance footage captured the moment the façade began to give way, leading to her urgent transportation to Maimonides Medical Center, where she was tragically pronounced dead. This incident not only took a life but also raised alarming questions about the structural integrity and maintenance of aging buildings in our urban landscapes.

The Department of Buildings’ subsequent investigation revealed a distressing oversight, resulting in a Vacate Order for the building and a violation issued to the property owner for failure to maintain the structure. These actions, while necessary, serve as a cold comfort to those affected by this tragedy and highlight a pervasive issue in our city’s housing maintenance and safety protocols.

falling-debrislawyerBen-RubinowitzA few years ago, our falling debris attorneys represented the family of  2-year-old Greta Green who was killed in front of her grandmother’s eye by a decorative terra cotta piece that broke and fell 8 stories from an Upper West Side Building. This event brought to light the limitations of New York State’s “zone of danger” law, which initially excluded grandparents from claiming emotional damages for witnessing a family member’s death. The grandmother’s claim was initially dismissed, but the persistent efforts of our attorneys led to a landmark decision by the Court of Appeals, which reversed the dismissal. This case not only reinstated the grandmother’s claim but also set a precedent for including grandparents in the “zone of danger” damages while underscoring the firm’s dedication to changing laws to achieve justice and encouraging landlords and building owners to maintain their properties to prevent such tragedies.

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Amadou_DialloAs we mark the 25th anniversary of the tragic death of Amadou Diallo, our hearts are once again with his family and all those who have been affected by similar injustices. Amadou, an unarmed 23-year-old immigrant from Guinea, was killed on February 4, 1999, by plainclothes officers of the New York City Police Department’s Street Crime Unit. The loss of Amadou under a hail of 41 bullets, based on a grievous misjudgment, is a moment that remains etched in the memory of our city and our nation.

Our firm had the solemn privilege of representing Amadou’s family in their quest for justice and accountability. Although no legal outcome could ever compensate for the loss of a loved one, the $3 million settlement reached with the City of New York in March 2004 was a recognition of the profound wrongness of the actions that led to Amadou’s death. It was one of the largest settlements of its kind under New York State’s “wrongful death law”, highlighting the gravity of the negligence, wrongful death, racial profiling, and violations of civil rights that occurred.

The acquittal of the officers involved did not deter us from our pursuit of justice, nor did it silence the voices demanding change. Instead, it galvanized a movement towards police reform and accountability that continues to this day. The disbandment of the Street Crime Unit in 2002 and the ongoing calls for transparency and fairness in policing are testaments to the enduring impact of Amadou’s story.

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