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Tag Archives: dangerous situation

March 07, 2016 Case Success Stories
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$500,000 Mediated Settlement -- Construction Worker Fell From Forklift

New York — A 54-year-old construction and demolition worker suffered a fall injury when he fell from a forklift truck. No safety equipment to prevent this had been issued to the man prior to this accident. He was left with a spinal injury. The injured worker consulted with an expert work injury attorney at Morrison & Wagner, who believed that the man was placed in a dangerous situation by the employer. The law firm helped mediate a $500,000 settlement payment to the injury victim.

Illustrative Photo Credit: D Coetzee [License]

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Worker fractured spine in fall off of forklift (VerdictSearch)

Mediated Settlement Amount: $500,000

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Court: Nassau Supreme, Nassau County, New York

Injury Type(s): back-fracture(fracture, L5); vertebra(fracture, L5); other-physical therapy; other-decreased range of motion

Case Type: Workplace – Forklift; Slips, Trips & Falls – Slips, Trips & Falls, Fall from Height
Worker/Workplace Negligence – Labor Law; Alternative Dispute Resolution – Mediation

Date: September 27, 2010

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

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Facts:

On July 30, 2008, the plaintiff, 54, a laborer, worked at a boatyard that was located in Oceanside. The plaintiff was demolishing an abandoned houseboat. The residual debris was being placed in drums, and the drums were being loaded onto a forklift, hoisted and transported to a dumpster. During the course of that operation, the worker fell off of the elevated prongs of the forklift. He fell about 10 feet, and he sustained an injury of his back.

The injured worker sued the demolition contractor that hired him, the premises’ owner, and the companies’ common principals. The plaintiff alleged that the defendants violated the New York State Labor Law.

The injury victim, who claimed that he regularly worked for the company, contended that the defendants had not provided a harness or any other equipment that could have prevented his fall. The plaintiff’s expert engineer opined that the absence of such equipment created an unsafe working condition.

The injured man’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

One of the defendants contended that he had directed the company’s supervisor to fire the workman during the day that preceded the accident, but that the supervisor did not heed the instructions. The defendant claimed that he was not aware that the plaintiff had not been fired.

Injury:

The work accident victim sustained a fracture of his L5 vertebra. He was transported to a hospital, where he underwent five days of traction. His hospitalization lasted five days, and he subsequently underwent physical therapy.

The plaintiff claimed that he suffers a permanent residual reduction of his back’s range of motion, and he contended that he cannot resume work. The man’s expert orthopedic surgeon determined that Galvan sustained a severe injury and that the plaintiff cannot ambulate without the use of a cane.

The worker sought recovery of his future lost earnings and damages for his past and future pain and suffering.

The defendant’s counsel reported that he commissioned production of a post-accident videotape that proves that the plaintiff does not require a cane.

Result:

Each side moved for summary judgment, and the defendant’s insurer commenced a declaratory-judgment action that could have established that the insurer’s coverage did not extend to people who were working at the boatyard. During pendency of the motions and the declaratory-judgment action, the parties negotiated a settlement, which was finalized via the guidance of a mediator. The defendant’s insurer agreed to pay $500,000, from a policy that provided $1 million of coverage.

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Judge: Thomas A. Adams, Joseph P. Spinola

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

March 30, 2015 News
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Hazardous condition blamed for building explosion in Manhattan

New York – Records illustrate that a building fire and explosion in the East Village area of New York City may have been due to illegal work on the gas line that left a dangerous gas leak. The building was flagged as having a possible natural gas leak in August 2014 after a meter reading worker smelled gas. The gas company report that they sent a team of employees to the scene and found several gas leaks and an overall dangerous situation after seeing that the original gas line had been illegally tapped into several times. The illegal work was possibly done by the owner of the building or with his knowledge. There was a restaurant in the building that was authorized to have a natural gas hook up to the company. However, the other residents apparently were illegally and dangerously connected to the same gas line according to accounts. The gas company then turned off service but allowed the owner of the building to correct the negligent maintenance work. The service to the building was restored after the gas company re-inspected the situation and found it to be safe. Now, public safety activists are questioning if the repair work was done properly and according to safety code. Some suspect that the illegal work may have been repeated but further inspection is necessary to determine fault. Nearby construction work was underway and Consolidated Edison inspectors were at the scene only approximately one hour earlier, reportedly having determined that the construction and renovation work failed their safety standards. It is unclear if that work was in any way related to the gas fire.

The fire has been blamed on a natural gas explosion according to New York City Fire Department (FDNY) officials. The original explosion demolished 3 buildings in total, including at least one restaurant and multiple apartments. Yesterday, the remains of two of the deadly accident victims were found at the scene. At least twenty-two people were injured in the blast, with many of them suffering burns, broken bones, lacerations as well as internal injuries. See this article for more details about the building accident.

Illustrative photo credit: cisc1970 [License]

October 15, 2014 News
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Owner of dogs who mauled woman convicted in court

A woman was assaulted and bitten by a dog while walking for exercise several months ago. The dog attack resulted in the 63-year-old woman suffering fatal injuries. Police say that the woman was severely injured by dog bites over her entire body, including an arm amputation, face lacerations and head injury. The dog owner was arrested during the investigation after he was found to have marijuana plants growing in his house. Police explain that the man used his pit bull dogs to protect his drug manufacturing even after being warned multiple times of the aggressive nature of his dogs. Witnesses note that the dog’s owner was well-aware of the dangerous situation that his wild dogs posed but ignored the public safety hazard. This allowed prosecutors to pursue a murder charge against the man. This month, the court found the man guilty of murder due to the wrongful death of the woman as a result of his negligence.

A New York law firm with expertise in dog mauling lawsuits explains that this is an unusual conviction. Unfortunately, owners of a dog that’s involved in an assault usually are able to claim innocence by claiming that they had no knowledge of the dangerous nature of their pet. In these cases, sometimes a civil case, such as a personal injury lawsuit or wrongful death lawsuit may be successful even when a criminal case is not. This may not place the dog owner into jail but can allow the dog attack victim or his/her family to recover money to pay for medical bills for injuries or even a funeral, if applicable. A victims of a dog assault is advised to seek the counsel of an injury lawyer with experience in dog mauling cases. Find out more about this dog attack here.

Illustrative photo by English: Lance Cpl. M. C. Nerl [Public domain], via Wikimedia Commons

March 17, 2014 News
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Harlem, New York gas explosion collapses two buildings

New York – A massive explosion destroyed two buildings last week in the Harlem section of Manhattan. The accident killed eight people and left more than sixty injured victims in its wake, according to police. The cause of the explosion is under investigation but current evidence points towards a gas leak as the origin of the sudden blast. Current inspections by Con Edison, the Fire Department of New York and building department are focusing on possible sources of a gas leak and to determine if proper safety measures were taken to protect the public from danger. Most importantly, safety analysts are concerned about the possibility of repeat explosions from similar hazardous conditions. This explosion has raised concerns regarding the old age and safety of many of New York City’s gas pipes. Many of the pipes and equipment are well more than 100 years old and may have corroded or are otherwise leaking according to experts. Some have asserted that negligent maintenance is abound and will be responsible for many more injuries and deaths if something is not done soon to rectify the dangerous situation. They say that gas meters, connectors and main pipes were installed in the late 1800’s and require close watch, regular maintenance or prompt replacement. Records show that some sections of the gas main servicing the collapsed buildings were placed in 1887. Read more about this gas explosion and injury victim identification here.

Photo by Adnan Islam (Flickr: IMG_6862) [CC-BY-2.0], via Wikimedia Commons

March 04, 2014 News
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Bicycle accident involving New York City bike sharing program

New York – The bicycle sharing program in the city has been blamed for an accident injury after a rider hit a road barrier. The man explains that he was riding the bicycle along the public roadway and approaching a docking station when the front wheel struck the concrete obstruction. He contends that the object was basically hidden from his view due to its common gray color and placement, causing him to crash. The bike crash caused a head injury and subsequent traumatic brain injury, according to reports. The accident victim says that nerve damage in his brain caused him to lose his sense of smell and ability to taste. The man has filed a personal injury lawsuit due to claims of negligence in the installation and maintenance of the barrier. Inspection of the accident scene shows that the stumbling block has now been painted orange with a traffic cone placed nearby to warn pedestrians and bicyclists of the dangerous situation. Some have pointed out that the obstacle should have been clearly marked at the time of installation in order to prevent just such a bicycle collision or trip and fall accident. They say that these types of hazards should have been picked up on by bike sharing program organizers before someone got hurt in an accident. The road hazard was placed right next to a cross walk, where pedestrians and bike riders would expect to be able to ride or walk safely. Further investigation is necessary to determine who is responsible for the proper installation and maintenance of these road barriers. Find out more about the accident in this article.

Illustrative photo by Jim.henderson (Own work) [CC0], via Wikimedia Commons

November 25, 2013 News
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Partial building collapse injures children in Brooklyn

New York – Two pedestrians were injured when a building’s outer wall collapsed on them yesterday. The accident occurred when heavy winds made the brick wall buckle and fall onto the sidewalk below. The young victims were left with lacerations and other unspecified wounds. They were rescued for emergency teams from the police and fire departments and taken to the hospital for treatment. The New York City buildings department explained that the owner of the building did not properly maintain the store front and therefore issued a ticket to the owner. Building safety falls under the jurisdiction of that department but it was unclear if the wall had been inspected by them prior to it falling onto the children. Negligent maintenance or neglect of public safety can easily lead to injuries or death, as can be seen from other recent building collapse cases. Besides improper maintenance, a building collapse can occur during construction, as occurred in this case in Canarsie, Brooklyn.

Public safety activists in New York insist that weak building structures can be found throughout the area and this needs to be addressed. They say that the owners, mayor’s office, building department and fire department each have a responsibility to inspect and condemn any building or facade that presents a dangerous situation for innocent bystanders. More importantly, these hazards should be fixed before another accident with injuries occurs from another building or wall collapse. You can read about yet another construction accident that killed a worker here. If you or someone you know was injured due to someone’s negligence, you have the right to speak to an injury lawyer for advice.

Photo by Sanseiya (Own work) [Public domain], via Wikimedia Commons