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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

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car accident in NYC38,680 people died in auto accidents in the US in 2020 compared to 36,096 a year earlier according to preliminary data from the National Highway Traffic Safety Administration. The 7.2 % increase in crashes occurred as the total number of miles travelled by motor vehicles decreased by 13.2%, an indication that roads were much more dangerous during the pandemic. The rate of fatalities by 100 million vehicle miles traveled (VMT) raised from 1.1 VMT in 2019 to 1.37 VMT in 2021. This is the highest rate of crash fatalities recorded in the US since 2007.

The region that includes NY, NJ, CT, and PA had  the highest increase of fatal auto accidents

When looking at the increase of fatal motor vehicle accidents by regions between 2019 and 2020, region 2 that includes NY, PA NJ and CT was the worst with a 10% increase in traffic accident deaths.

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construction workers moving equipment are at risk of struck by accidentsStruck by injuries are the most common non-fatal injuries sustained by construction workers.

Among the 79.7 k construction workers who were injured in 2019, 16.6K suffered struck by injuries and 4 K suffered struck against injuries. Struck by accidents are also among the top causes of construction workers fatalities. In 2019, out of a total of 1,102 workers fatalities, 80 construction workers died after being struck by a vehicle and 70 of them died after being struck by an object or equipment.

The Center for Construction Research and Training (CPWR) recently analyzed data related to these types of injuries and published the result of the study in a recent data-bulletin. Researchers at CPWR found that there was a big difference on how fatal and non-fatal struck by injuries occur. Fatal struck by injuries mostly occur when a construction worker is struck by a vehicle while non fatal struck by injuries are mostly caused by handheld objects or equipment.

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Gair-Gair_Tony-Gair_02Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC.  Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+. 

Multiple children  and a pet have been injured and recently a child died in a Peloton Tread+ treadmill accidents but Peloton has been very reluctant to cooperate with the federal safety agency. The company is fighting a request to recall the dangerous product and refuses to provide the name of the child who recently died after getting stuck under the high end Peloton treadmill.

“The CPSC must have reason to believe that the treadmill wasn’t designed appropriately” said Anthony Gair.  According to him, Peloton might not have done a hazard analysis before launching the product or if they did, he questions if they knew about the danger and ignored it.

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child in carCar accidents are one of the leading causes of  injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018.

From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous vehicles, the Center for Child Injury Prevention Study  has been constantly researching and advocating for better ways to protect children on the road.

Among their most recent studies,  researchers at CChIPS  have been looking at the validity of  recommendations for rear-facing Child Restraint System (CRS) using newly available real car accident injury data.

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treadmill can be dangerousThe company Peloton just announced that a child died in an accident that involves one of their “Tread+” treadmills and issued a safety warning asking Peloton users to keep children under 16 year old and pets away from their equipment.  Peloton and other at home gym equipment companies have seen their sales rocketing over the last year with more and more consumers preferring working out at home instead of at the gym during the covid19 crisis.

While the Peloton CEO did not release the circumstances of the accident citing family privacy,  earlier this year, in February, another child sustained serious brain injury after he was trapped under a Peloton Tread+ Machine. According to an incident report filed with the US Consumer Product Safety Commission, a 3 year old boy was found by his dad  under the Treadmill, not breathing and pulseless. The boy had tread marks on his back matching the machine as well as neck and face injuries. He was resuscitated but sustained serious brain injuries.  In the below video (at 0.51 seconds) a mom  shows how easily a medicine ball gets stuck under the treadmill as she is working out. The USCPSC has now started an investigation related to the accident that lead to the death of a child.

Treadmills can be dangerous

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Hard-Rock-Hotel-construction-accident-e1582228604154The construction industry saw a period of growth during the last decade and with more workers employed, the number of hard hat injuries and deaths also increased.

The Center for Construction Research and Training (CPWR) recently published a study looking at construction worker fatal injuries from 2011 to 2019. They found that while the number of workers employed in the industry grew by more than 25%  between 2011 and 2019, the number of fatal injuries recorded a 41.1% increase. While looking at ethnicity, Hispanic workers were the most commonly hired workers and their employment rate grew by 55% during the period under review. They also recorded a jump in 89.8% in job fatalities.

While looking at construction workers ‘age, the middle age workers category (45 to 64 year old) recorded the highest number of deaths, however while looking at the rate of fatalities, workers over 65 years old were the most at risk of dying on the job with a rate of 22 deaths per 100,000 Full time workers (FTWs), compared to 9.6 per 100,000 FTWs for workers under 55 years old.

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Work-Zone-Stand-Down-Announcement-FlyerThe number one cause of injuries among construction workers are “struck-by” accidents. Struck by a flying, falling, swinging or rolling objects are the 4 most common “struck-by” accidents causing injuries to construction workers. To raise awareness and reduce these types of accidents, the NORA Construction Sector Council along with the Center for Construction Research and Training (CPWR) is organizing, on April 20, a National Stand-Down to Prevent Struck-by Injuries”.

Participants to the stand down will pause work on April 20 and set aside time time for stand down activities such as virtual or small group Toolbox Talks, look at work zone safety training and review the traffic control plan of the construction site. Sending emails or texting safety reminders as well as putting posters up and holding quiz contests will also help raising awareness.

Organizers can look for ideas and get material to download on the CPWR website such as promotional flyers, various tool box talks in English and in Spanish related to how to operate a vehicle safely in a work zone, how to work safely around vehicles on a construction site, how to make sure cranes are stable and don’t tip and how to prevent objects from falling. Organizers can also download infographics cautioning workers to stay alert, vehicle operators to observe safety rules and contractors to make sure they have a solid internal traffic control plan.

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Teen speeding is a leading cause of fatalitiesSpeeding is the cause of many fatal crashes especially among teenagers. A recent analysis conducted by Richard Retting of Sam Schwartz Consulting for the Governors Highway Safety Associations found that teen drivers and passengers account for a much greater proportion of speeding related fatalities than any other age group.

From 2015 to 2019, 4,930 teen drivers and passengers died in car accidents related to speed. Speed related accidents accounted for 43% of all teen fatal car accidents. As a comparison speed is a factor in 30% of all fatal accidents for people above 20.

Globally, car accidents remain the main cause of fatalities among teens with the 16 year old’s being the most at risk

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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accident scene28,190 people died in car accidents in the US in the first 9 months of 2020 compared to 26,941 during the same period of 2019.  This represents a 4.6% increase in car accidents fatalities in the US while at the same time the umber of miles travelled decreased by 14.5 %.  These numbers are early estimates recently published by the National Highway Traffic Safety Administration.

First a decline during the lockdown and then an explosion of deaths

While looking at each month’s fatalities, data show that during the lock down fatalities declined significantly and then exploded after things gradually reopened. In March 2020 car crash fatalities in the US were down by 7.7%, in April by 19% and in May by 2.7%. Then, in June  2020, crash deaths increased by 16% compared to June 2019, by 13% in July, by 13% in August and by 13% in September.