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Personal Injury Law

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Last Entry: May 23, 2010 at 23:19:20

Don?t Be So Sure That Dietary Supplements Are Safe, The F.D.A. Isn?t

Posted on March 10, 2009
In the first 10 months of 2008 the U.S. Food and Drug Administration (F.D.A.) received 948 reports of health problems associated with dietary supplements, but not necessarily directly caused by them, according to a report from the federal Government Accountability Office (G...

Study Finds Cell Phones Distract Preadolescent Children While Crossing Streets

Posted on March 05, 2009

Protect Your Children from Exposure to Lead Resulting From Home Renovation, Repair, and Painting Activities

Posted on March 03, 2009

Family Member a Victim of Nursing Home Neglect or Abuse? Bush Administration Rule Makes It Harder to Get the Information

Posted on February 28, 2009

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Fatal Fire Brings to Light Deficiencies in Fire Hydrant Inspection Requirements

Posted on February 26, 2009

1789 Law and Nuremburg Code Intersect to Permit Claims To Proceed Against Pfizer For Conducting Medical Experimentation Without Consent

Posted on February 23, 2009
The Alien Tort Statute, 28 U.S.C. �1350, a 1789 law, gives foreigners the right to raise tort claims in federal court to vindicate violations of ‘the laws of nations.’� The 10-principle Nuremberg Code was formulated as part of a war crimes trial conducted after World War II in which 15 doctors were convicted of crimes [...

Greener Traffic Management (In Theory)

Posted on February 20, 2009
Congress’ boosting in 2007 of fuel economy standards to 35 miles per gallon by 2020 should not be the only way the government can improve fuel economy, cut greenhouse gases and boost safety. �So contends Joseph D. Younger in an article “5 Ways to Turn Traffic Greener” published in AAA’s Car & Travel magazine...

Using Hands-Free Cell Phone While Driving No Less a Danger Than Using Hand-Held Phone

Posted on February 17, 2009
The congressionally chartered National Safety Council is advocating for the first time a total ban on cell phone use while driving, including hands-free use, saying the practice is clearly dangerous and leads to fatalities. States should ban drivers from using hand-held and hands-free cell phones, and businesses should prohibit employees from using cell phones while [...

Court Rebukes Attempt to Dilute New Childrens? Products Safety Law

Posted on February 13, 2009
Last year was a record-setter when it came to recalls and warnings about dangerous children?s toys, especially lead paint laden toys imported from China. In response to the much-publicized controversy, Congress strengthened the Consumer Product Safety Act of 1972 (?CPSA?) to prohibit the sale and distribution of children?s toy or child care articles containing excessive [...

State Senate Responds Swiftly to the Striking Down of a Local Law Intended to Protect Children from Sex Offenders

Posted on February 10, 2009
A Rockland County law barring where sex offenders can reside was struck down late last month by New York State Supreme Court Justice William A. Kelly because it conflicted with existing state regulations. In an immediate and strong response last week to eliminate the pre-emption, Senate majority leader Malcolm A...

“Key in the Ignition Statute” Will Hold Vehicle Owner Liable for Deaths of Pedestrians Struck by Drunk Driver Who Had Stolen the Vehicle

Posted on February 08, 2009
When Joe Guerrero left his keys in the ignition of his car with the engine running while he went into a deli last weekend, a drunken man stole his vehicle and then ran down 2 pedestrians. Even though Mr. Guerrero was not driving or occupying the vehicle and had not given the drunk driver, a [...

Should Penalty Flag Be Thrown For Charging Football Coach With Reckless Homicide?

Posted on February 04, 2009
Heat exposure deaths happen occasionally in all levels of football. The cases have led to numerous lawsuits, however, no evidence can be found that a coach has ever been charged in the deaths. Until now. A Kentucky high school football coach was indicted by a grand jury last month with reckless homicide in the death [...

Even With All the Attention on Bruce Springsteen?s Concert Later Today (A Football Game Is Sandwiched Around It), The NFL Still Can?t Avoid a Concussion Discussion

Posted on February 01, 2009
Super Bowl hoopla did not prevent a meeting this week in Tampa with the attendees urging the NFL to join them in researching the connection between football and progressive brain damage and declaring that a concussion crisis exists in football. Among those at the hotel meeting were former Patriots linebacker Ted Johnson, eight-year NFL special [...

Allstate Runs Ad Touting a New Year?s Resolution That Can Keep You From Losing Your Teenager

Posted on January 29, 2009
A print advertisement placed by Allstate in newspapers takes information from The Allstate Foundation Report on Teen Driving, 2005, and puts it in�a form called “Parent-Teen Driving Contract”. �The contract lists several topics with corresponding statistics from the Report...

Boxer Knocks Out State’s “Special Relationship” Defense In His Negligence Claim Against New York State Athletic Commission

Posted on January 27, 2009
�“In the clearing stands a boxer, and a fighter by his trade” - Paul Simon, 1968. In Gamache v. State Of New York, 106968, decided 11/26/08, Joey Gamache, a professional boxer, alleged that the State Athletic Commission (”Athletic Commission”) improperly conducted the weigh-in for a professional boxing match which permitted his opponent to be 19 pounds [...

Attorney Who Advises Client To Take An Action Believing It, In Good Faith, To Be Legal Does Not Lose First Amendment Protection If The Advice Is Later Determined To Be Incorrect

Posted on January 24, 2009
It may be hard to find a more eloquent and impassioned defense of the rights of an attorney to give, and a client to receive, advice of counsel than in the decision in Vinluan v. Doyle, — N.Y.S.2d —-, 2009 WL 93065 (Appellate Division, 2nd Department, January 13, 2009)...

Recall of 31,392 Britax Frontier? Child Restraints Highlights Importance of Signing-up for Automatic Updates

Posted on January 20, 2009
The National Highway Traffic Safety Administration (NHTSA) is alerting consumers of a recall involving 31,392 Britax Frontier? child restraints that could fail to properly secure young passengers in the event of a vehicle crash. Britax is recalling these child seats because the harness straps may detach from the metal yoke on the back of the [...

Combat Veterans Garner Special Efforts to Reduce Motor Vehicle Crashes

Posted on January 18, 2009
Motor vehicle crashes are a leading cause of deaths among combat veterans during the first years after their return home.� Several studies have reported an increase in post-deployment deaths among military personnel who served in a combat zone compared to their non-deployed counterparts, who are in the military but not deployed to a war, after [...

Court Finds Child Neglect Where Parents Refuse to Consent to Life-Saving Surgery “because it stops the heart.”

Posted on January 13, 2009
Matter of Eli H. v. Barbara H., nn-01297-08, decided on November 28, 2008 by Judge Barbara R. Potter of St. Lawrence County Family Court, required the court �to balance the religious beliefs of “loving, caring parents” of an infant born on April 1, 2007 with life-threatening congenital heart defects with the court’s duty as “parens [...

Indictments in Fatal New York City Crane Collapse and Deutsche Bank Fire

Posted on January 10, 2009
On January 5, 2009, the master rigger involved in the 200-ft-high tower crane that collapsed at a Midtown high-rise site March 15, 2008, killing six workers and a civilian, was indicted on multiple charges of manslaughter, criminally negligent homicide, assault and reckless endangerment...

Consumers Can Sign Up for Free Electronic Recall Alerts From NHTSA

Posted on January 09, 2009
Vehicle owners across the nation can be instantly informed of a safety recall under a new automated alert system announced today by U.S. Transportation Secretary Mary E. Peters. The recall alerts can be received via e-mail or RSS-feeds on personal computers, cell phones or PDA devices-automatically and free-of-charge...

Concussions and the NFL: Legal Liability for Rushing a Player Back to Play Too Soon?

Posted on January 05, 2009
It is indisputable that cerebral concussions are commonly sustained by football players, professional or amateur.� As time has gone by, concussions have gone from being considered relatively minor injuries to becoming a cause of deep concern for�long-term cognitive problems that often result therefrom...

Nassau County Police Release Recommendations to Avoid Repeating Wal-Mart Black Friday Stampede

Posted on January 02, 2009
On the Friday following Thanksgiving last year a pre-dawn mob of approximately 2,000 shoppers broke down the doors to a Wal-Mart in Valley Stream, New York, and rushed past and trampled to death Jdimytai Damour, a 6-foot-5, 270-pound Wal-Mart worker who was stationed near the entrance to assist with crowd control...

New Federal Rule to Make School Buses Safer

Posted on December 29, 2008
New federal rules will make the nation?s 474,000 school buses safer by requiring higher seat backs, mandating lap and shoulder belts on small school buses and setting safety standards for seat belts on large school buses, U.S. Secretary of Transportation Mary E...

Injuries from Laser Hair Removal: There Ought to Be a Law

Posted on December 25, 2008
Our office is currently representing a client who sustained what appears to be permanent scarring as a result of undergoing laser hair removal. However, the laser hair removal center involved has gone out of business to the chagrin of, as readily apparent from the internet, many former customers of the facility...

Death and Injuries Prompt Major League Baseball To Require That Each New Bat Be Examined and Certified For Safety

Posted on December 21, 2008
A major issue of concern that arose during this past baseball season was the frequent incidence of shattering baseball bats, particularly maple bats. In fact, the issue was of such concern that baseball’s Safety and Health Advisory Committee was convened to study the problem and issue recommendations, including, if deemed appropriate, banning the use of [...

Older Pedestrians More at Risk to be Killed in an Accident, Especially In New York City and Nearby Counties

Posted on December 17, 2008
Older pedestrians, those over 65 years of age,�are far more likely to be killed in motor vehicle accidents while walking than younger ones, according to a new study by the Tri-State Transportation Campaign. The study analyzed accidents occurring between 2005 and 2007 in New York City and five nearby counties: Nassau, Suffolk, Westchester, Rockland and [...

One in Three Children’s Toys Tested Found to have Significant Levels of Toxic Chemicals Including Lead, Flame Retardants, and Arsenic

Posted on December 14, 2008
The Ecology Center, a Michigan-based nonprofit organization, and partners across the country on December 3, 2008, released the 2nd annual consumer guide to toxic chemicals in toys at www.HealthyToys.org. Researchers tested over 1,500 popular children’s toys for lead, cadmium, arsenic, PVC and other harmful chemicals in time for this year’s holiday shopping season...

Doctor May be Liable to Infant Strangled by His Mother

Posted on December 11, 2008
In Lizardi v. Westchester County Health Care Corp, 1990/03, a father is seeking to recover damages for the wrongful death of his 7-month infant son Marc Ryan Lizardi who was strangled by his mother, Susan Moody, on February 25th, 2001. The infant’s father is suing Dr...

New Data Show Drinking Age Laws, Motorcycle Helmets, Frontal Air Bags, Child Safety Seats and Seat Belts Saved 30,235 Lives Over 5 Years

Posted on December 07, 2008
Minimum 21-year-old drinking age laws prevented an estimated 4,441 drunken driving deaths in the last five years alone, according to a new report released today by the National Highway Traffic Safety Administration. In addition to estimating lives saved due to 21-year-old minimum drinking age laws, the new NHTSA study shows the number of lives saved [...

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