Firm Operations Continue Uninterrupted During the Coronavirus. Click for More Information ›
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

Published on:

construction workers have a high risk of fatalityDespite OSHA’s efforts, the death rate on construction sites in the US has not declined for the last 10 years, questioning the effectiveness of the agency.

While there is no doubt that OSHA is doing a great job developing and implementing safety standards, it does not have enough resources to proprely inspect jobsites. Additionnally fines are not only too low to dissuade bad actors but also most of the time they are not being paid and OSHA has little resources to go after those who don’t pay. Also on the top of deaths purely related to construction accidents, the opioid crisis and suicides are also taking a toll on construction workers.

For the last decade, out of every 100,000 construction workers, 10 died on the job. Among those fatalities 3 out of 5 died from what is known in the construction industry as the “Fatal Four”:

Published on:

Car are dangerous to pedestrians and cyclistsAmong rich countries, America is one of the most dangerous for road users especially pedestrians and cyclists.  In The Exceptionally American Problem of Rising Roadway Deaths, an article recently published by the New York Times,Emily Badger and  take an in-depth look at road fatalities in the US compared to other rich countries. They found out that during the Covid19 crisis, most countries in the world saw a decline in fatalities with the exception of the United States, Switzerland and Ireland.  When  comparing national traffic fatalities in 2020 to an average yearly traffic fatalities in 2017 to 2019 , Italy, Hungary, Turkey, Spain, France and Sweden all saw a decline or more than 20% in road fatalities. Italy recorded a 27% decline in traffic fatalities while the united States had a 5% rise in traffic fatalities.

While most rich countries have developed bicycle and pedestrian friendly infrastructures over the last decade, the United States did not do as much

While many countries started to take measures to protect pedestrians and cyclists such as protected bike lanes, lowering of speed limits and adopting safe vehicle technologies such as automatic braking systems, cars got bigger and deadlier in the United States.

Published on:

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

Published on:

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

Published on:

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?

Published on:

truckAs more and more truck traffic in the US leads to more and more truck accident fatalities, truck safety activists are pushing for  the government to revise safety regulations and laws related to truck traffic in the US.

5,600 people died in truck accidents in the US in 2021 compared to 4,965 in 2020, representing an increase of 13% from one year to the other.  This is the highest number of truck fatalities ever recorded in the US. Compared to 2010, the number of truck accident fatalities increased by 52%.

The Truck Safety Coalition released a statement pointing at multiple regulations updates that could prevent deadly truck accidents:

Published on:

traffic fatalities US 2021Early estimates of motor vehicle traffic fatalities in 2021 by the National Highway Traffic Safety Administration (NHTSA) indicate that while traffic fatalities increased in the US in 2021 compared to 2020, the number of deaths per 100 million vehicle miles traveled slightly declined.

An estimated total of 42,915 people died in crashes in the US in 2021 compared to 38,824 in 2020. This represents an increase of 10.5%. This is also the highest number of road fatalities since 2005.

In the State of New York, 1,139 people died in crashes in 2021 compared to 1,046in 2020, representing a 8.8% increase.

Published on:

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.

Published on:

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.

Published on:

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.