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Tag Archives: dangerous condition

Elevator accident kills assistant superintendent in Brooklyn

New York – An assistant superintendent building worker was crushed to death after being dragged into some moving elevator equipment. The elevator accident occurred after the maintenance worker was attempting to retrieve something that had fallen down into the elevator shaft. He was caught by the elevator cables as they moved along the elevator car above. Building safety specialists say that safety protocols and mechanisms should have been in place to prevent such a work accident. Some workplace safety advocates have asked why the elevator maintenance room was not properly secured with guards in place to prevent a person from getting caught up in the ropes, gears and motor. In addition, concern has arisen as to whether or not negligent maintenance or even faulty manufacturing could have contributed to such a fatal accident. Heavy machinery such as elevators require constant proper maintenance and inspections. Work accidents are a big concern for union leaders and work safety personnel. A worker’s comp injury can come about from all sorts of dangerous conditions found in the average workplace according to specialists. This can range from a car accident, to a slip and fall accident or even falling debris that can cause a head injury, internal bleeding or broken bone. An accident with injuries can easily lead to a permanent disability, sick leave and even wrongful death. You can find more details about this work accident in this article.

Photo for illustrative purposes only. Photo Credit: Jeremy Noble [License]

Multiple winter-related accidents and injuries reported in New York

New York – Winter snow, ice and rain have made for dangerous conditions on roads as well as public and private properties. There have been many reported car accidents, slip and fall injuries and even sledding accidents in a public NYC park due to the weather. It should be noted that homeowners and business owners alike have a responsibility to keep their walkways, sidewalks and parking lots in good repair and cleared of snow and ice. This often includes the need to spread salt in order to prevent a slip and fall accident. Public safety advocates also say that winter potholes and damage to sidewalks or parking lots must be repaired to prevent trip and fall accidents too. Negligent maintenance can sometimes include untimely repairs or neglecting to shovel snow and ice in a reasonable manner. You can see this article for more about the recent rash of winter accidents in the area.

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

FDNY fire truck versus ambulance accident with injuries and one death

New York – A fire truck accident occurred when two FDNY emergency vehicles collided in a deadly motor vehicle accident. The fire truck was responding in emergency mode with flashing lights and sirens activated when it slammed into the ambulance in the middle of an intersection. The ambulance was also driving through the intersection while it was transporting a sick patient to the emergency room. That patient had been suffering from a cardiac emergency but also ended up sustaining fatal accident injuries during the truck crash. The ambulance was apparently sent into a tail spin and then struck a civilian car during the series of collisions.

Police and additional emergency medical responders to the scene evacuated multiple injured accident victims. However, they were unable to save the patient in the ambulance collision and he was pronounced dead soon after. This accident has raised concern regarding the dangerous condition created when multiple emergency vehicles respond to various emergencies in the densely populated New York City. Experts say that increased safety measures are needed and must be stressed on drivers of these police cars, fire trucks and ambulances in order to prevent unnecessary injury and wrongful death. Find out further details about this FDNY accident here.

Photo for illustrative purposes only. Photo by Borofkin (Own work) [Public domain], via Wikimedia Commons

Rash of rental electric scooter accidents in New York City

New York – Electric moped scooters are a new rage in the rental and sharing market in the city. However, they have been involved in an increasing number of Revel electric scooter crashes according to news reports. Officials say that reckless drivers and other possible safety concerns have been implicated in these recent motor vehicle accidents. Concern has risen for the lack of safety equipment and warnings as well as training in the safe operation of these potentially dangerous electric vehicles. Pedestrians and motorists alike have expressed outrage regarding the dangerous condition that these vehicles have created. Pedestrian accidents with these moped scooters can cause serious injuries and even wrongful death. One woman was killed in an accident after she was thrown from one of these scooters. The accident injuries from these crashes can include bone fractures, head injury and spinal injuries as well as internal bleeding. Experts warn that the market must be well regulated and safety must be the foremost concern – safety of the riders, pedestrians, bicyclists and even cars and trucks on the roads. Special care and tracking must ensure that these high speed mopeds are not driven on sidewalks, in parks or other areas frequented by pedestrians and children. In addition, concern regarding proper safety equipment and preventative maintenance of these vehicles are essential. Negligent maintenance can easily lead to catastrophic results including injury, permanent disability and death. The seriousness of the current hazardous situation has led to the Revel company suspending the use of their vehicle sharing network in New York City. Check out this article for more about these moped accidents and the program suspension.

Photo for illustrative purposes only. Photo Credit: Arun D [License]

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]

George Washington Bridge driver suffers head injury from flying debris

New York – A piece of metal went flying through the air and slammed into the windshield of a car, causing a serious head injury to the driver. It is unclear about where exactly the metal debris fell from but it is believed that the metal broke off from or flew out of the back of a dump truck. Falling debris has long been a concern of drivers on busy highways, especially for those travelling behind construction vehicles, dump trucks and garbage trucks that often transport dangerous garbage and loose debris. If the load is not properly contained or tied down, the combination of high speeds, wind and bumpy roads with potholes can be a recipe for disaster. In addition, there is concern that this piece of metal may have broken off of a truck that underwent improper maintenance. However, some feel that this metal object could have been kicked up from the ground after the truck struck a piece of roadside garbage. This dangerous condition requires constant cleaning of garbage and debris from public roadways by state and local government staff to prevent a car crash or injury such as this.

The driver of the car that was hit by the object was rushed from the scene by ambulance to a trauma center. He suffered a severe head injury with possible traumatic brain injury (TBI) according to injury specialists. Doctors will need to perform additional testing, including CAT scan and possible MRI scans to further evaluate the car accident victim’s condition. A TBI can cause mild problems such as a simple concussion with post-concussion symptoms like headaches, dizziness and memory problems. However, more serious cases can include loss of consciousness, vomiting, visual disturbances and even intracranial bleeding. The latter problem of a brain bleed may necessitate emergency neurosurgery. All of these types of TBI can lead to permanent injury and even disability. See this article for more about this truck accident on the George Washington Bridge in New York City.

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

Concerns regarding possible delayed recall of defective car seat

Potentially dangerous defective child car seats were recalled by the manufacturer several months after the company performed its own collision safety tests. Federal investigators have now been examining whether the manufacturer of the seats possibly delayed reporting the defective product and instituting the recall. Guidelines require companies to report safety problems within five days to the appropriate government agency, in this case the National Highway Traffic Safety Administration. However, evidence has shown that the business that produced the child restraint system had information several months earlier about the dangerous condition. This was based on safety problems that were evident on quality and safety testing that the company had conducted on the seats during a car accident. Product liability is a responsibility that manufacturers and distributors must take seriously. Concerned parents and safety advocates have voiced concerns regarding the situation, saying that this breech of public trust leaves the public in danger. Some have pointed out that negligent reporting of safety problems must be dealt with harshly. The potential dangers in this case could include head injuries leading to traumatic brain injury, internal organ bleeding, fractures and nerve injury. You can refer to this article for more about the car seat safety product recall.

Photo for illustrative purposes only. Photo Credit: Tetris L [CC BY-SA 3.0 or GFDL], from Wikimedia Commons

Takata airbag manufacturer pleads guilty to fraud

The world’s largest vehicle airbag recall was sparked after, analysts say, the Takata manufacturer fraudulently claimed that their airbags were safe. However, the company now admits that they knew for many years that there was a defective part that could cause the device to explode. This, in turn, could lead to a more serious and deadly injury from a car accident. The company has produced tens of millions of dangerous airbags that have been installed by motor vehicle manufacturers around the world. Everything from cars to SUVs to trucks have dangerous airbag components made by this company and have been recalled. The guilty plea by Takata comes along with an agreement to pay a hefty $1 Billion in fines and penalties. However, this money is not earmarked to go to the injury victims and families of victims killed in a car crash that may have been affected by the hazardous situation. A top injury law firm in New York explains that this doesn’t shield the manufacturer or others from a personal injury lawsuit. In fact, it has been noted that some of the car companies allegedly knew about the dangerous condition posed by the defective airbag problem but continued to install them anyway. This opens those car makers to injury and wrongful death lawsuit as well, according to experts. Product liability laws describe the actions that should be taken by all involved to ensure that consumers aren’t injured by a product that is known to be potentially dangerous. You can find out more about this product recall and repercussions here.

Photo for illustrative purposes only. Credit: Robin Corps [License]

Are Suffolk County’s red-light cameras causing more accidents with injuries?

New York – Public safety activists are in an uproar about an ongoing investigation that shows an increased accident with injuries risk at intersections equipped with red-light cameras. Lawmakers and citizens alike have expressed concerns regarding the dangerous condition created by these traffic light cameras. They note that some of the traffic signals have faster-than-normal yellow lights and confusing signals, creating a risk for injury due to car accidents that inevitably follow. In the meantime, Suffolk County officials claim that the camera program is fine and plan to continue with it, despite the public safety concerns involved. Opponents question why the program isn’t suspended until they, at least, investigate the increased car crash concerns. They explain that this would allow the time to safely look into the issues and prevent injury or wrongful death accidents. One theory as to why there is an increased accident risk at these intersections revolves around concerned motorists who become afraid of getting a ticket, instead of remaining focused on driving safely. Experts say that drivers may needlessly brake too soon or too quickly, leading to a rear-end collision. Others may become a distracted driver when looking at the camera instead of the road.

Some community activists in New York have claimed that the local county government is simply being greedy and unwilling to give up the revenue that they receive from traffic tickets. The fines associated with these tickets goes to the government’s coffers and is shared with the company that installed and maintains the cameras. This creates a possible incentive for some politicians to keep the cameras functioning even in light of the risk of injury or death. However, this may actually lead to increased personal injury lawsuits, which would be much more costly if lawmakers neglect to deal with the hazardous condition that they’ve created. Motor vehicle accident victims are encouraged to seek legal advice from a top injury lawyer to determine their rights. You can see a video and read more about the controversial traffic light program and investigation here.

Illustrative Photo Credit: Dave Dugdale, www.rentvine.com [License]

$297,500 Pre-Trial Settlement for Injuries From a Trip and Fall Accident in Queens

New York — This 88-year-old trip and fall victim claimed that his injuries were caused by negligent maintenance on the part of the owners of the driveway where the accident occurred. The elderly man’s fall injuries included a hip injury and wrist fracture. The man came to the injury lawyer experts of Morrison & Wagner and together, they filed a negligence lawsuit. In a pre-trial settlement they recovered $297,500 for the injury victim.

Illustrative Photo (Altered to obscure license plate): Alan Stanton [License]

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Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

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Court: Queens Supreme, Queens County, New York

Injury Type(s): hip – fracture; other – loss of services; wrist – fracture

Case Type: Slips, Trips & Falls – Slips, Trips & Falls, Trip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 17, 2011

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY

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Facts:

On Feb. 19, 2010, the plaintiff, 88, tripped on the sidewalk apron of a driveway that was located on the east side of 66th Avenue, between its intersections at Queens Boulevard and Saunders Street, in the Rego Park section of Queens. He fell, and he sustained injuries of a hip and a wrist.

The injured plaintiff sued the 35 owners of the residences that had access to the driveway. He alleged that the homeowners were negligent in their maintenance of the driveway. He further alleged that the homeowners’ negligence created a dangerous condition that caused his accident.

The fall victim claimed that the driveway was damaged and hazardous.

The defense was coordinated by a claims adjuster of the insurer that represented a plurality of the defendants. The defense contended that the plaintiff had been crossing the driveway on a near-daily basis for years and thusly would have been aware of any defect. The defense also contended that any defect was caused by sanitation vehicles that regularly accessed the driveway.

Injury:

The injury victim sustained a fracture of his left hip and a fracture of his left, nondominant arm’s wrist. He claimed that he suffers permanent residual pain and limitations that greatly hinder his ambulation and his performance of many of his everyday activities. He sought recovery of damages for past and future pain and suffering. His wife sought recovery of damages for loss of services.

Result:

The parties negotiated a pretrial settlement. Each defendant’s insurer agreed to pay $8,500. Thus, the settlement totaled $297,500.

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Judge: Valerie Brathwaite Nelson

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. VerdictSearch was unable to solicit feedback from defense counsel.