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Tag Archives: negligence

February 13, 2022 News
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Redefining accidental injuries, fatalities and responsibility

An important but under-recognized movement has developed to truly improve ‎safety and prevent “accident injuries.” For way too long designers, manufacturers and society ‎leaders have ignored the well-known dangerous situations and hazardous conditions that exist ‎in the modern world. This sometimes manifests by poor road design, dangerous construction ‎site planning or manufacturing of faulty products. Once someone – or many people – have ‎been injured or were killed by poor design or negligent implementation, the people ‎responsible for the tragedy write it off as an “accident.” Many refuse to take any blame of ‎negligence and refuse to take the opportunity to declare a faulty product recall. More ‎importantly, they don’t make full efforts to redesign their product or re-do their design to ‎prevent further injury or death. It is no secret that some roads and highways are dangerous ‎and are more prone to car crash or pedestrian accidents. Likewise, some high-intensity ‎electrical products are known fire hazards. Yet others pose a serious risk of choking hazards or ‎other similar dangerous situations that need to be corrected. The concept of a wrongful death ‎lawsuit developed in an attempt to hold offending parties accountable for their actions or ‎even inactions. Personal injury lawsuits are likewise used as a tool to not only compensate ‎injury victims but to also create change in the world of those who design, develop and ‎manufacture consumer products or facilities.
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A recent book ‎was written about this topic, bringing to the forefront the idea of how to make necessary ‎changes before tragedy strikes. A top New York law firm has a long history of fighting for the rights of people ‎injured in a “car accident” that may not have actually been exactly just an accident after all. ‎This team has a tried a true history of fighting to change the reality and protect victims of faulty ‎products, work injury, slip and fall injury or even medical malpractice. The time has come to ‎make sure that designers, manufacturers and companies are held responsible for their actions.‎

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July 29, 2021 News
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Suffolk County boy suffers facial injuries in horrific fireworks accident

New York – A young teenage boy suffered a serious injury when he was suddenly hit in the face by fireworks. ‎Reports show that the boy suffered severe facial injuries during the accident after a set of illegal ‎fireworks were fired in his direction. It is unclear as to where and how the group of teens obtained ‎the dangerous fireworks. However, police are investigating to determine if negligence or neglect ‎played a role in this accident with injuries. Doctors say that the boy was brought to the trauma center ‎at Stony Brook University Hospital on Long Island for emergency care. He was determined to have ‎suffered significant burn injuries as well as other damage from his wounds. Specialists say that such ‎an injury can also cause broken bones, head injury and even traumatic brain injury (TBI). The accident ‎victim was hospitalized due to his injuries but it is unclear whether he suffered a TBI. Residents in ‎the area complain that dangerous amounts of fireworks were fired off and some are outraged that ‎police and parents did not do more to prevent this tragedy. See this article for ‎further details about these fireworks injuries. ‎

Illustrative Photo Credit: MilitaryHealth [License]

October 22, 2020 News
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Police officer injured on the job during truck crash investigation

New York – A state police trooper suffered a serious work injury during a motor vehicle accident investigation. The injured policewoman was sitting in the driver’s seat of her police car when her car was rear-ended by an SUV truck. According to reports, the officer was on the scene of a prior truck accident, parked on the side of a highway and situated just behind the truck. The Chevy SUV driver apparently violated the New York “move over law” that instructs drivers to move over a full lane when emergency vehicles are operating on the shoulder or lane of a highway. This violation may constitute negligence or even reckless driving and can be grounds for a moving violation ticket as well as a personal injury lawsuit. Meanwhile, the injured worker cop was taken to the hospital for various injuries. These work injuries may very well leave this New York State trooper with significant permanent disability issues. On-the-job injuries are a common problem for all types of workers but these types of accidents are extremely serious when it comes to police officers involved in work injuries. Worker’s compensation, or worker’s comp, is supposed to cover work related accident injuries. However, some workers find it necessary to get the assistance of a specialized work injury lawyer in order to get the care and funds that they deserve. You can see this article for more about this officer’s job related car accident with injury.

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September 25, 2020 News
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Woman suffers traumatic brain injury from falling object

New York – This twenty-three year old woman was walking on a Manhattan sidewalk when she was hit in the head by a falling object. The injured woman was caught by surprise as she walked with a friend during a rain storm. Suddenly, a heavy chair flew off of a high balcony of a nearby residential building in a heavy wind. The falling debris came crashing down on the woman causing a severe head injury with serious intracranial hemorrhage or bleeding. She was rendered unconscious and bystanders called for an ambulance. Paramedics stabilized the injury victim and she was rushed to a hospital’s trauma center to undergo emergency surgery. Doctors were able to save her life and treated her severe neurological injuries along with various other wounds. The woman was hospitalized at Bellevue Hospital and continues to struggle to recover from her disabling injuries. They fear that she may have a permanent disability as a result of physical injuries. However, the neuropsychiatric and neurological injury can also leave her with permanent cognitive problems, a post-traumatic stress disorder as well as an adjustment disorder.

The woman has decided to file a personal injury lawsuit claiming negligence on behalf of the owners and residents of the apartment. The claim of negligence is based on the fact that furniture, loose objects and debris should be removed or secured to a balcony or rooftop before a wind storm can blow it over. It is the responsibility of home owners and building managers to maintain basic safety standards to prevent injury or wrongful death. You can see more about this horrifying accident with injuries here.

Illustrative Photo Credit: MilitaryHealth [License]

August 27, 2020 News
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Uber accident leads to pedestrian injuries

New York – An Uber driver was struck by another car in a car crash in Manhattan this week. One of the vehicles then crashed into an outdoor seating area of a local restaurant, striking multiple pedestrians and diners. It is unclear what caused the initial car accident but authorities were investigating to determine if there was negligence or reckless driving involved. The injured accident victims were taken to the emergency department for treatment of their wounds. This pedestrian accident involving patrons of restaurants that maintain outdoor seating during corona is certainly not a first. Safety advocates have expressed concern for the public safety of customers, workers and pedestrians due to the dangerous situation. They note that besides for criminal charges a dangerous driver that causes such an accident with injuries can be liable for a personal injury lawsuit. Read more about the injured pedestrians here.

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April 17, 2020 News
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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.

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July 24, 2019 News
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Pedestrian injured in ambulance accident

New York – A police ambulance in Nassau County on Long Island struck and injured a young man in a pedestrian struck accident. The pedestrian accident occurred when the ambulance was making a turn and hit the man who had been crossing the street. Investigators indicated that the crash took place while the ambulance was travelling with lights and sirens to an emergency call. The injury victim was then rushed to the hospital with critical injuries according to doctors. This is, unfortunately, not an uncommon event where an ambulance hits a pedestrian. Another such case took place only a few days earlier with a Fire Department of New York (FDNY) ambulance striking a pedestrian teen crossing the street.

It should be noted that emergency medical technicians and paramedics are trained in the safe operation of their emergency vehicles, including ambulances and first response vehicles. They are supposed to undergo intense training to avoid such catastrophic collisions such as this. Included in the protocols is that the driver must always be aware that they must operate the emergency vehicle in such a manner as to protect others, even when responding to an emergency with lights and sirens. They should be aware that other drivers and pedestrians may not hear, see or be aware of the emergency vehicle until the last moment and must therefore be ready to stop. Despite the emergency nature of their response to an emergency call, there is little that justifies injuring or killing someone else on their way to the call. Due caution is their ultimate responsibility and a crash can sometimes be due to negligence or even reckless driving. Further investigations will be necessary to determine the cause of these specific ambulance collisions. Please read more about the most recent ambulance accident here.

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June 30, 2019 News
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Long Island car crash leaves victim dead and one man arrested

New York – The driver of a sport utility vehicle (SUV) died in a multi vehicle car collision on the Long Island Expressway. The man, a senior citizen, was the driver of one of five vehicles involved in the accident. Police report that the chain of events began when the SUV slammed into the highway divider and then rolled over into traffic. The roll-over accident then caused other vehicles to hit into that SUV that was in oncoming traffic. They believe that a medical emergency possibly led to the SUV truck accident. The other drivers and passengers in the accident suffered varying injuries according to emergency responders. However, police were forced to arrest one of those other drivers for driving without a license. A New York accident lawyer explained that there are several complicated factors that will need to be addressed. Investigators and lawyers will need to determine if the driver of the SUV should have ever been permitted to drive in order to determine if any negligence was involved. Doctors are sometimes required to instruct a patient that they are not allowed to drive if they have certain medical illnesses that could precipitate a motor vehicle accident. For example, a patient with an uncontrolled epilepsy seizure disorder may be prohibited from driving under medically cleared. In fact, some jurisdictions require the doctor to contact the department of motor vehicles to report such a case. In addition, patients often bear the responsibility to not drive if they knowingly have a medical condition that prevents their safe operation of a car. This article explains more about this SUV accident.

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December 05, 2018 News
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Harlem construction accident injures workers with falling crane

New York – Two construction workers were injured when a mini crane fell from the side of a building that they were working on. The falling crane accident occurred when one of the workers was operating the crane but was apparently not trained to do so. The crane was lifting a heavy glass panel when it fell forward and off the side of the open floor. It rolled over during the accident and fell several stories onto the ground below. The crane collapse left two ironworkers injured, including the man operating the machine. According to reports, the crane was not properly secured to the work surface as is required by safety operating guidelines. In addition, the construction company operating the device didn’t have the required safety permit and is under investigation. Supervisors for the construction employer have been arrested and are being charged for assault due to possible negligence that led to serious injuries of the workers.

Hospital officials report that the workers suffered life threatening injuries. These include a head injury with traumatic brain injury that left one of the workers fighting for his life. The other injury victim suffered spinal injuries. The neck and back injury can possibly leave the workman paralyzed and disabled. Investigations continue into the specifics of this accident and the following of safety regulations at the construction site. See this article for more about the roll over work site accident and investigation.

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August 29, 2018 News
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Food poisoning involving salmonella-contaminated chicken

New York – At least one victim has died and nearly twenty more food poisoning victims fell ill according to reports from health department officials. Hospitals have reported that at least 8 people have been admitted to a hospital due to the severity of their illness. Chicken products produced by one company have been noted to be contaminated with salmonella and are being blamed as a likely source of this outbreak. The majority of the victims of this salmonella outbreak are from New York but other states have also been affected. This has led federal health and food safety inspectors to issue an urgent warning about the dangerous situation. The Empire chicken company has not issued a product recall at this time, leaving consumers fearing for their health and safety. Some feel that it would be negligent not to properly warn consumers of the health risk. In the meantime, safety advocates say that all food suppliers must make significant steps in ensuring the safety of the food supply, especially for fresh foods such as poultry, meat, eggs, fruits and vegetables. Food poisoning victims are encouraged to seek urgent medical attention when necessary. In addition, someone who becomes sick due to someone else’s possible negligence can speak to a personal injury lawyer to discuss their rights. Family members of someone who suffered a wrongful death should also consult an attorney who specializes in malpractice and personal injury lawsuits. Read more about this health hazard here.

Photo for illustrative purposes only. Photo Credit: Michael Eccles [License]