s

Tag Archives: negligent maintenance

Negligence? Why is New York getting hit so hard with COVID-19?

New York – Various theories abound as to why the New York City area is at the epicenter of the novel coronavirus 2019 pandemic. Thousands of COVID-19 victims have already died and up to several hundred thousand more New Yorkers are confirmed to have been infected with the dangerous virus. Citizens and workers have been concerned as to why the area has been hit so hard and wonder what should be done about it. One possibility is that employers and businesses have been negligent in properly disinfecting surfaces and equipment in the workplace. Improper cleaning of desks, phones, doorknobs and files may be linked to spread of the dangerous disease. This has many concerned for their health and welfare, especially for those workers who are being required to come into work every day. Office workers, maintenance staff, factory workers and essential workers such as doctors, nurses and ancillary hospital staff can be at risk for contracting and spreading coronavirus according to research. Workplace safety experts say that it is the responsibility of employers and management to provide for a safe work environment and to prevent a hazardous situation for both workers and customers alike. They express concern for the lack of safety equipment, personal protective supplies and disinfection control in places ranging from hospitals and doctor’s offices to everyday places such as offices, warehouses and supermarkets. Important things to look out for when assessing this include: Does the business provide gloves or face masks? Approved and safe cleaning and disinfectant supplies? Cleaning crews that are licensed and follow best practices? Does the store require customers and workers to wear face masks? Do they enforce social distancing guidelines to prevent people from coughing or sneezing on others? Some have pointed out that negligent cleaning can be similar in concept to negligent maintenance that creates a health risk and dangerous condition for others. Imagine if a store refused to clean up a slippery spill in the middle of an aisle and along comes an unsuspecting shopper that suffers a slip and fall accident as a result. Is this all part of the cause of the rapid and dangerous spread of COVID-19 in New York? See this article for more about the New York outbreak of coronavirus.

Photo for illustrative purposes only. Photo Credit: sergio santos [License]

Work injuries at site of construction collapse

New York – A scaffold collapse in Manhattan left two workers injured. The wounded workmen fell from the scaffolding as it collapsed according to reports. They note that one of the victims suffered serious injuries during the work accident. The other accident victim’s injuries were still being assessed but appear to be less life threatening. It is unclear whether the injuries were caused by the fall from a height or rather from being crushed under the falling construction debris. Investigators were also looking in to the cause of the construction collapse to determine if safety precautions were in place. Worker safety is supposed to be the highest priority for employers of construction and renovation companies. However, some employers have been known to take shortcuts in order to save time and money in safety equipment and training. It appears that there was an issue with the building and inadequate maintenance of the scaffolding according to reports. Improper construction or negligent maintenance, especially at a dangerous construction zone, can place the safety, health and lives of workers and bystanders at risk. Workplace accidents are a common problem, especially at construction sites that work with heavy equipment, tall ladders and scaffolds as well as electrical tools such as drills, saws and hydraulic devices. There are also complicating factors such as poor lighting, uneven or broken sidewalks and pavement, and unsteady flooring and walls or even railings and stairs. These hazardous conditions can lead to slip and fall accidents, broken bones, neck and back injuries, heady injury or even wrongful death. Read up more about this construction accident here.

Photo for illustrative purposes only. Photo Credit: Richard Munckton [License]

Helicopter accident in Manhattan

New York – The pilot of a helicopter that crashed into the Hudson River was treated for injuries after being rescued. He apparently was flying the helicopter, trying to take off, when it suffered a technical problem. This caused the aircraft to lose control and then crash into ground but sent the pilot into the river waters. Fire rescue teams rescued the man and transferred him to emergency medical professionals for treatment of his accident injuries. Officials say that he was very lucky to have suffered relatively minor and non-life threatening injuries during the accident. However, it is unclear what psychological injuries he may have suffered during the crash. Investigators will need to continue evaluating what caused the malfunction and determine if any negligent maintenance or other problem existed. In addition, a bystander on the chopper helipad apparently suffered a slip and fall injury while trying to run away from the impending collision. That victim reportedly suffered a wrist injury due to the trip and fall accident. Find out further details about the accident with injuries here.

Illustrative photo credit: cisc1970 [License]

Limousine crash kills passengers and pedestrians in New York

New York – The driver of a limo that ran through a stop sign is being blamed for the deadly car accident. However, the limousine company is also being investigated for possibly operating unsafe vehicles that may have contributed to the motor vehicle collision. Reports show that the car was speeding about 60 miles per hour when it didn’t stop at a stop sign and crossed straight through the intersection. It then slammed into a parked vehicle as well as several pedestrians in a parking lot. The pedestrian accident killed two of the pedestrian victims who were apparently shopping nearby. In addition, the car crash killed the driver of the limo and all of the 17 passengers in the rear of the vehicle. Unfortunately, none of the passengers in the vehicle were wearing seat belts during the impact. This left a total of 20 accident victims killed in the horrific collision.

Witnesses to the crash noted that it appeared the vehicle’s brakes may have failed. In fact, this is consistent with the fact that the limo company had racked up extensive safety violations, including negligent maintenance issues. At least one of their vehicles failed for not having properly working brakes in the recent past. Family and friends explain that at least one of the passengers in the limo messaged someone prior to the crash about the poor mechanical condition of the car. Investigators noted that the driver of the limo involved in the fatal accident did not have the proper driver’s license for the type of vehicle that he was driving. In addition, it has been noted that the very same driver was involved in a similar accident after he blew through a stop sign about three years ago. In that prior collision, one of the cars rolled over after being hit. Several people were injured at that time, including one with a head injury and another with a back injury. Find out more about these limo accidents here.

Illustrative Photo Credit: by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

Students injured by escalator in Manhattan school

New York – High school students were injured in an escalator accident according to school officials. They say that at least ten injured students required emergency medical evaluation or treatment. Some of these were for a toe amputation, lacerations and for possible broken bones and arm or leg injury. It is unclear as to exactly what caused the school injury and safety inspectors were looking into the incident. Some people who are familiar with the injuries believe that it may have been caused by a mechanical malfunction. Parents fear that the injuries may have been due to negligent maintenance of the machinery. However, the possibilities that this incident started with a trip and fall accident or a child who’s clothing simple got stuck in the escalator haven’t been ruled out. Investigators will continue to evaluate the situation and will keep the escalator closed until the situation is deemed safe. See this article to find out more.

Photo for illustrative purposes only. Photo Credit: Brian [License]

Increased construction injuries and deaths in New York City

New York – Construction accidents with injuries or deaths are on the rise according to statistics released by city officials. The Building Department says that there have been more reported deaths from construction accidents when comparing the current year of 2018 with reports from last year. Public safety experts blame the spike on the increased amount of building construction and renovations. Some have pointed out that the city safety inspectors haven’t been keeping up with the necessary inspections to ensure safety of workers and the public. Others believe that contractors and builders have taken advantage of the commonplace construction environment and have become lax about following safety guidelines. Workers sometimes complain about dangerous work conditions, including improper or lack of safety devices such as helmets, railings and harnesses. Even when equipment is available, workmen have noted negligent maintenance or lack of training provided to hardhats. They worry that profits make be a more important factor for employers than the safety of workers or the public. This situation can lead to a widespread hazardous condition and can easily contribute to a work injury or even wrongful death. Accidents include building collapse, falling debris, bone fractures and trip and fall accidents. See this article to understand more about the increased accidents.

Image for illustrative purposes only. Photo Credit: Pete Jelliffe [License]

New York City subway accident injures worker

New York – Wednesday’s subway train collision occurred on the tracks that run between Queens and Manhattan. The train accident involved two trains that were apparently not carrying any passengers. Metropolitan Transportation Authority workers were aboard the subways at the time of the crash and at least one worker was injured as a result. One report shows that the trains involved in the collision were actually work trains, carrying workmen, supplies and tools. The workers were down there doing repair and construction work on the line according to union officials. However, it is still unknown what caused the work accident. That cause is under investigation by transportation safety officials but has many riders concerned. The heavy traffic and speeding trains in the system that was designed so long ago is a recipe for disaster according to some watch groups. They note that negligent maintenance and delayed repairs are all too common, placing the public at risk for injury and death. These problems, some say, are the root cause of the plethora of subway injuries and accidents in the city. Safety advocates are demanding further evaluation of the safety of the mass transit system, with an eye on specific known problem areas. These include lines with prior collisions, near misses and heavy traffic as well as dangerous curves. In addition, slip and fall hazards, platforms and stairs that have a history of trip and fall injury as well as areas of increased smoke and fumes build-up should be evaluated and corrected. You can see more about last week’s work train accident here.

Photo for illustrative purposes only. Photo Credit: Mark Mitchell [License]

State fair ride malfunctions causing injuries and one death

At a time when summer fairs are most popular for families, a tragic accident occurred when an amusement park ride malfunctioned according to reports in the New York Daily News. Video footage of the event showed that the seat of a ride called the “Fire Ball” broke and disconnected from the main pendulum. This sent ride accident victims crashing down to the ground, causing various degrees of injuries to seven people. Another man was killed in the accident after apparently being ejected from the machine and thrown into the air. Public safety experts note that the ride in question had been inspected several years ago for possible cracks and other dangers, at the request of the manufacturer. At that time, the manufacturer reported that there were concerns regarding a welding failure that could cause cracking and deadly malfunctions. However, it was unclear whether the ride had undergone more recent safety inspections to that degree to ensure rider safety. Advocates explain that cursory inspections are sometimes the only thing done before allowing unsuspecting fun-seekers from riding potentially dangerous rides. They say that regular maintenance is crucial as well as in-depth evaluations of all aspects of the equipment to avoid accidents and injuries. Some owners and operators avoid the high costs involved and negligent maintenance can sometimes be the result. This negligence is most concerning when dealing with equipment such as these carnival rides that move fast and high and often include high impact forces. This ride would swing people up to 40 feet in the air as it twisted and turned and then swung back and forth. Detailed evaluation and fixing of broken or deteriorated parts is essential given the heavy use and potential for harm involved. You can see more about this deadly amusement park accident with equipment failure here.

Photo for illustrative purposes only. Photo Credit: Ava [License]

Queens construction accident leaves injured worker with crush injuries

New York – Work crews were working at a construction site in the Kew Gardens neighborhood of Queens when a heavy metal beam fell onto a worker. The crush victim suffered leg injuries, including multiple broken bones in his legs after being trapped under the metal beam. The heavy steal I-beam was being used as a hammer by a crane to drive metal supports into the ground when it fell. According to witnesses, the hammer beam was suspended by the crane’s cable that broke. Investigators are looking into the reason for this apparent equipment failure that caused the accident. Experts say that the crane and its cable may not have been properly rated to hold such a heavy object such as this seven ton beam. However, other possibilities include that negligent maintenance or safety inspections could have led to the catastrophic collapse and the hardhat worker’s subsequent crush injury. The injury victim was rescued from the work accident site and taken to Jamaica Hospital for emergency treatment. To find out more about this worker’s comp injury, see this article.

Photo for illustrative purposes only. Credit: davocano [License]

$2.75 Million Premises Liability — Woman Suffers Broken Neck, Brain Injury From Falling Object

New York – A woman was walking along when a piece of stone facade collapsed off the side of a Brooklyn building. The collapse debris hit her in the head and neck, leaving her with a spinal fracture in her neck and a traumatic brain injury with concussion. After being hospitalized for several weeks and undergoing fusion surgery of her neck, the woman sought the legal guidance of the experts at Morrison & Wagner to file a negligent repair negligence lawsuit. They settled the case with the defendants agreeing to pay the injury victim $2,750,000.

Photo for illustrative purposes only. Credit: Bruce Monroe [License]

— — —

Woman’s neck fractured by falling piece of building’s facade (VerdictSearch by Priya Idiculla)

Settlement: $2,750,000

— — —

Court: Kings Supreme, Kings County, New York

Injury Type(s): brain damage; cognition, impairment; compression fracture; concussion; corpectomy; discectomy; effusion; finger; fracture, C4; fracture, neck; fracture, vertebra; fusion, cervical; hand; hardware implanted; head; memory impairment; physical therapy; pneumonia; shoulder; sutures; traumatic brain injury; trigger point injection; vertigo

Case Type: Premises Liability – Negligent Repair and/or Maintenance – Falling Object

Date: November 4, 2016

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

— — —

Facts & Allegations:
On Sept. 22, 2014, the plaintiff, an unemployed woman, was struck by a limestone fragment that had fallen off of the fourth-story facade of a building located in the Sunset Park section of Brooklyn. The woman sustained injuries of her head and neck.

The woman sued the premises’ owner and the premises’ manager. She alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence caused the accident.

The plaintiff’s counsel contended that the accident was a result of prolonged neglect of the building’s exterior. He contended that photographs depicted chips, cracks and other irregularities of the facade.

Defense counsel contended that the accident may have been a result of erosion caused by power-washing of the building, but he ultimately conceded liability.

Injuries/Damages
The injury victim’s head was struck and lacerated by the limestone fragment. She was placed in an ambulance, and she was transported to Lutheran Medical Center, in Brooklyn. Doctors determined that she sustained a concussion and a compression fracture of her C4 vertebra. Her scalp’s laceration was closed via application of sutures. After four days had passed, she underwent surgery that included a corpectomy, which involved excision of her C4 vertebra; a discectomy, which involved excision of the anterior portion of her C3-4 and C4-5 intervertebral discs; fusion of the anterior region of her spine’s C3-4 and C4-5 levels; and implantation of a stabilizing cage. During her convalescence, she developed pneumonia and pleural effusion. Her hospitalization lasted about two weeks. She subsequently underwent physical therapy and a pain-management regimen, which included administration of painkilling trigger-point injections.

The accident victim claimed that her head’s injury caused damage of her brain, with residual effects that included confusion, disorientation, vertigo, and impairment of her memory and other elements of her cognition. She also claimed that her neck remains painful, that the pain radiates to her shoulders, and that her fingers and hands experience occasional tingling sensations. She undergoes periodic physical therapy.

The plaintiff sought recovery of past medical expenses, future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.

Defense counsel contended that the woman did not sustain an injury of the brain.

Result
After selection of a jury, but prior to the scheduled start of the trial, the parties negotiated a settlement. The defendant’s primary insurer tendered its policy, which provided $1 Million of coverage, and the defendant’s excess insurer agreed to pay $1.75 Million. Thus, the settlement totaled $2.75 Million. Defense counsel claimed that, had a trial occurred, a discovery issue may have prevented the plaintiff’s counsel’s presentation of a safety expert who had been retained.

— — —

Judge: Judge Donald Kurtz

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel. Additional information was gleaned from court documents.