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Personal Injury Law

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

Pedestrians Killed in Accidents to be Memorialized by Hell?s Kitchen Neighborhood Organizations This Saturday

Posted on June 11, 2009
Year ago our office represented the estate of Randolph Walker, who was run over and killed by a New York City Apple Tours bus in an accident that received much coverage in the press at the time. The circumstances were abhorrent and the company was effectively put out of business by the city after this accident...

Bill Seeks to Improve Safety By Requiring Safety Device on New York City Housing Authority Elevators

Posted on June 08, 2009
Identical bills have been introduced in the New York State Senate (S04603) and Assembly (A8154) that would require the New York City Housing Authority (?NYCHA?) to place door or zone restrictors on its nearly 3,340 elevators. The devices prevent people trapped inside stalled elevators from opening the cab doors by locking the cab door when [...

Can One Appellate Department Be Right and Three Be Wrong? Yes, Says the Court of Appeals When It Comes to Power-Operated Heavy Equipment or Machinery and the Labor Law

Posted on June 05, 2009
An employee who claims to have suffered injuries proximately caused by a previously identified and unremedied structural defect or unsafe condition affecting an item of power-operated heavy equipment or machinery has stated a cause of action under Labor Law §241(6) based on an alleged violation of 12 NYCRR 23-9...

It Doesn?t Take Much of a Gift to Influence Doctors? Prescription Choices

Posted on June 02, 2009
A principal underlying assumption regarding limits on and ethics guidelines addressing pharmaceutical promotion is that smaller gifts are unlikely to exert influence on prescribing decisions. Nonetheless, a substantial body of marketing and psychology literature suggests that even trivial items can exert influence irrespective of economic value...

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Tough Start to 2009 for Garbage Truck Fatalities

Posted on May 30, 2009
The first three months of 2009 saw 12 solid waste collection workers killed while on their routes, and 9 died during a 15-day period in March. This followed a substantial decrease in solid waste collection fatalities in 2007, during which there were 18 worker fatalities...

Microcars and Minicars: Crash Tests Show Occupant Safety Unduly Compromised

Posted on May 28, 2009
Occupants of smaller cars are at increased risk in all kinds of crashes, not just ones with heavier vehicles, according to The Insurance Institute For Highway Safety. Almost half of all crash deaths in minicars occur in single-vehicle crashes. Even if all cars became smaller and lighter, the result would be to afford less occupant [...

New York Plans Permanent Task Force on Wrongful Convictions

Posted on May 25, 2009
The Chief Judge of New York?s Court of Appeals, Hon. Jonathan Lippman, said on Law Day, May 1, 2009, that he would create a Justice Task Force to examine the causes of wrongful convictions and develop systemic remedies to minimize them and to make the state?s criminal justice system more effective...

?Black Box? Warning Label Suggested For Flomax Due to Complications From Cataract Surgery

Posted on May 22, 2009
Cataract surgery is the most commonly performed operation in the United States today, with nearly 2 million cataract operations performed in the United States each year. Benign prostatic hyperplasia (BPH), an enlarged prostate, is common in older men, affecting nearly 3 out of 4 men by the age of 70 years...

Don?t Drink and Ride (a Bicycle), And Make Sure To Wear a Helmet

Posted on May 19, 2009
21 percent of autopsies of New York City bicyclists who died within three hours of their accidents detected alcohol in the body, according to a Department of Health and Mental Hygiene study that examined fatal bicycling accidents in New York City from 1996 to 2005, as reported in The New York Times...

Time Running Out on this Year?s No-Penalty Retaining Wall Inspection Program

Posted on May 16, 2009
Homeowners have until June 1, 2009 to call 3-1-1 to request an inspection of their retaining walls by a Buildings Inspector without penalty of violation under the New York City Department of Buildings’ annual No-Penalty Retaining Wall Inspection Program...

511NY: New York State’s New Official Traffic and Travel Information Source

Posted on May 13, 2009
Dial ?511? or visit www.511NY.org to find the most efficient route to take, avoiding accidents and congestion. 511 New York is a new travel-information service from the New York State Department of Transportation (NYSDOT). The 511 New York service incorporates real-time traffic alerts from the NYSDOT?s TransAlert program, and the MTA, Thruway Authority and Port [...

Correlation Between Player Position and The Type of Injury Sustained Affects National Football League Careers

Posted on May 10, 2009
The annual ritual of the NFL draft was held a few weeks ago and teams are now holding their rookie minicamps to get a better look at the players they selected. Whether a player?s college career was affected by injury was a often a major factor in the evaluation of the player...

Enough is Enough: Federal Suit Demands New York City Housing Authority Fix Its Elevators

Posted on May 07, 2009
A lawsuit was filed in the United States Court for the Eastern District of New York on April 21, 2009 to force the New York City Housing Authority to repair and maintain its more than 3,300 elevators. The lawsuit cites numerous occasions when NYCHA buildings are completely without elevator service...

April Brought Us Not Just Showers But Also NYC Buildings Department?s Construction Safety Week and the High Risk Construction Oversight Study

Posted on May 04, 2009
Last week was the annual construction safety week. The week?s schedule of events included seminars and events that were free of charge and open to the public. The seminars included: Safety Harness Giveaway & Worker Safety Training; How to Identify and Hire a Licensed Contractor; Homeowners’ Night: Resolving ECB Violations & Illegal Conversions; [...

May is ?Bike Month? in New York and Nationwide

Posted on May 01, 2009
This year?s Bike Month NYC is the eighteenth annual celebration of bicycling in metropolitan New York. People can choose from over 200 rides, classes, races, movies, culinary events and art exhibits. Bike Month draws popular support and press coverage in metropolitan New York City...

Police Assertion of ?Qualified Immunity? Insufficient to Gain Dismissal of Civil Rights Claim For Death Resulting from Use of Excessive Force

Posted on April 27, 2009
Plaintiff Leroy Rasanen, in Rasanen v. Brown, — F.Supp.2d —-, 2009 WL 766205 (E.D.N.Y.,2009.) (decided March 25, 2009) brought this civil rights action pursuant to 42 U.S.C.1983 (”Section 1983″), alleging that New York State Troopers used excessive force in fatally shooting his son John Rasanen (”Rasanen”) during a search of Rasanen’s home...

Operation Safe Stop Day Highlights School Bus Safety

Posted on April 24, 2009
Yesterday, April 23, 2009, was this year?s Operation Safe Stop Day, a day when law police officers ride on board school buses and in marked and unmarked patrol units on selected bus routes that have a history of illegal passing complaints. Police will issue tickets to drivers who pass stopped school buses...

?Scaffold Law? (Labor Law §240(1)) Held Not Applicable to Lessee Where Window Washer is Injured

Posted on April 21, 2009
In Ferluckaj v. Goldman Sachs & Co., — N.E.2d —-, 2009 WL 856304, 2009 N.Y. Slip Op. 02483 (decided April 02, 2009), the Court of Appeals declined to apply New York?s ?Scaffold Law? (Labor Law §240(1)) to a worker who was injured while cleaning an interior window as part of the preparation of new office space [...

Whopping Damage Award Against Private Prison Company for Inmate?s Death Affirmed by an Angry Court

Posted on April 17, 2009
By August of 1997 Texas had about 5,500 prisoners from other states housed in 22 facilities, generating revenues of more than $1,000,000 for private prison corporations. With such a strong profit motive, is it any wonder that cost-cutting measures such as hiring unqualified prison guards and failing to provide necessary medical care will be undertaken [...

NYC Not Liable to Mother of Brain-Injured Infant for Not Following the Law and for Giving False Information About Day Care Home

Posted on April 14, 2009
When Charlene McLean was searching for a safe day care provider for her soon-to-be-born daughter she called the New York City Administration for Children?s Services (ACS) which sent her a list of registered providers taken from the New York City Department of Health (DOH)?s database of registered providers...

Traffic Deaths On U.S. Roads in 2008 Reached A Record Low While Seat Belt Use Continued To Climb

Posted on April 12, 2009
The number of traffic deaths on U.S. roads last year reached a record low, while seat belt use continued to climb, the U.S. Transportation Secretary Ray LaHood announced April 6, 2009. Based on a statistical projection, in 2008 fatalities in motor vehicle traffic crashes are estimated to have dropped to 37,313 ? a 9...

Inadequate Patient Discharge Instructions and Intervention Resulting in Rehospitalization: Prevalent, Costly and Sometimes Malpractice

Posted on April 10, 2009
Studies have found that when patients leave the hospital without clear understanding of their diagnoses, medication instructions, or need for primary care follow-up, chances are that they will wind up back in the emergency department, and many will be readmitted...

Ever Improving Safety Rules from the NYC Department of Buildings

Posted on April 06, 2009
The New York City Buildings Department and Buildings Commissioner Robert LiMandri recently announced a series of changes in the way high-risk construction will be regulated and carried out in New York City. These changes are based on 41 recommendations developed during the unprecedented $4 million study of crane, hoist, excavation, and concrete operations launched last [...

NFL?s New Rules for 2009 Season Hope to Reduce Injuries, Especially Head and Neck Injuries

Posted on April 03, 2009
Last week saw the National Football League make eleven (11) rule changes including issues involving replays, kickoffs, onsides kicks, and hits to the quarterback. Viewed as a whole, the rule changes reveal a concerted effort to reduce injuries to players...

It All Comes Out in the Wash

Posted on April 02, 2009
Oftentimes it seems that when the dust settles, accidents that appeared to come out of the blue were in fact wholly predictable because someone tried to cut a corner or save money in the face of a known danger. Such may have been the case in a construction accident when a crane collapsed last May [...

Tragic Pedestrian Accident: Mechanical Difficulty or Drunk, Leering Driver?

Posted on March 29, 2009
There are all too many news stories of motor vehicles mounting curbs and striking pedestrians with tragic results. Two incidents like this occurred in Manhattan just this past Friday afternoon. But one of these incidents has an unusual element: according to witnesses, rather than an apparently random occurrence, the driver of the vehicle and his passenger [...

Unwanted Prolongation of Life Held Not Actionable Without Separate Injury

Posted on March 24, 2009
The plaintiff alleged, in Cronin v. Jamaica Hospital Medical Center, — N.Y.S.2d —-, 2009 WL 711761 (March 17, 2009), that the defendant wrongfully prolonged the decedent’s life by resuscitating him on two occasions against the express instructions of the decedent and his family as contained in two Do-Not-Resuscitate orders issued by the hospital and executed [...

Tragic Day Care Toddler Death Highlights Children?s? Food-Related Choking Hazards

Posted on March 22, 2009
In 2000, 160 children age 14 and younger died from obstruction - 41 percent caused by food items and 59 percent by nonfood items. In part due to concerns about children choking, New York State regulation (18 NYCRR 418-1.5) requires handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small [...

Fallout from Salmonella in Tainted Peanuts Continues Unabated as President Obama Announces Creation of Food Safety Working Group

Posted on March 18, 2009
Recall after recall has resulted from the U.S. Food and Drug Administration (?FDA?) expansion of the Peanut Corporation of America’s (PCA) Salmonella related recall to include all peanut ingredient products produced in PCA’s Plainview, Texas facility since January 1, 2007...

FDA Launches SAFEKIDS Initiative to Assess Safety of Anesthetics And Sedatives In Young Children

Posted on March 15, 2009
The U.S. Food and Drug Administration announced on March 13, 2009, agreements with five partners to study the effects of anesthetics and sedatives on the neurocognitive development of infants and young children. Exposure to some anesthetics and sedatives is associated with memory and learning deficits and other neurodegenerative changes in the central nervous system, [...

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