s

Tag Archives: negligence

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]

One worker injured, another killed in Midtown Manhattan construction accident

New York – Two workers were crushed in a construction accident this week. One was a security guard who was killed and the other a construction worker who suffered on-the-job injuries when an unstable section of glass fell on them. The scene of the accident was on a loading dock of a construction site on West 57th Street in Manhattan. The piece of glass was standing up and was supposed to be installed into a tall skyscraper office building. For an unknown reason, the heavy glass panel tipped over and collapsed onto the two workers below. The crush injuries suffered by the security guard left him with multiple and severe wounds, including internal injuries and possibly a traumatic brain injury. He went into cardiac arrest and was declared dead by doctors in the hospital shortly after. The second injured worker was also rushed from the scene to the emergency room and treated for several injuries, including broken bones with a foot injury. The type of fracture may require surgery to repair the damage according to doctors. The New York City building’s department shut down the construction site and issued a safety violation to owner of the site. Additional investigation into the cause of the construction collapse will be needed to determine if negligence was involved. This includes determining if all equipment and construction debris was properly secured to prevent slipping and falling. See this article for more details.

Photo for illustrative purposes only. Photo Credit: Rob Young [License]

Bus accident injures high school students on Southern State Parkway

New York – Forty-four people suffered varying injuries in a mass casualty bus collision on Long Island. The bus was filled with high school students when it crashed into an overpass on the Southern State Parkway. The bus was too tall as it attempted to drive under a bridge, causing the entire upper section of the bus to sheer off. The sudden motor vehicle accident sent the children and adult supervisors flying in all directions. Some fell into the seats and other passengers while others slammed into the windows and side of the bus. Investigators have discovered that the out-of-state bus driver was unaware that his commercial vehicle was not allowed to be driven on a parkway in New York. Concerned citizen groups believe that this constitutes a form of negligence that caused the crash. Hospital officials report that the injuries from the accident varied from broken bones to internal organ damage to spinal injuries and even head injury. They note that some of the injuries, both physical and psychological wounds, may not show themselves immediately. There were some early signs of post-traumatic stress disorder noted in addition to the physical injuries. The injured victims will require ongoing evaluation and treatment. This article explains more about the bus crash.

Photo for illustrative purposes only. Photo Credit: Paul Swansen [License]

School sports injury ends in student’s death

New York – A Long Island teenager died from a head injury while doing football training drills in his high school. The injury victim was doing heavy lifting exercises with his classmates when a heavy log that they were working with fell on his head. Witnesses explain that they were carrying the wooden beam over their heads when the fall occurred, striking the teen with extreme force. Ambulance personnel and paramedics rushed the boy in critical condition to Stony Brook University Hospital, the closest trauma center in Suffolk County. An emergency room team worked on the injured teen and noted a serious traumatic brain injury. He was pronounced dead after rescue and medical intervention efforts were unable to help him. Investigators are now looking into the specifics surrounding the case to determine if any negligence was involved. Public safety activists in New York say that schools must take an active role in maintaining students’ safety, especially when exercising or playing sports. They demand more safety equipment, better training and medical staff on-site. It is unclear if the football players were provided with safety helmets while they were doing these exercise drills. You can read further details about this sports injury death here.

Photo for illustrative purposes only. Photo Credit: Ralph Arvesen [License]

$450,000 Settlement — Senior Citizen Injured in Trip and Fall While Exiting Bus

New York – This 70-year-old man suffered a trip and fall accident while stepping out of a city transit bus in Manhattan. The bus accident victim and a witness explained that the bus stopped in an unsafe location, causing him to fall and injure his shoulder and elbow, including fractured bones. The injury victim sought compensation for his injuries as well as his significant pain and suffering. Together with the accident attorneys at Morrison & Wagner the man sued for negligence and received a settlement of $450,000 from the bus company defendants.

Photo for illustrative purposes only. Credit: Chris Sampson [License]

— — —

Bus’s rider claimed he was discharged in a dangerous spot (VerdictSearch.com by Priya Idiculla)

Settlement: $450,000

— — —

Court: New York Supreme, New York County, NY

Injury Type(s): arthroplasty; decreased range of motion; fracture, elbow; fracture, humerus; fracture, radial head; fracture, shoulder; internal fixation; open reduction; physical therapy

Case Type: Transportation — Bus — Slips, Trips & Falls — Trip and Fall — Government

Date: December 12, 2016

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

— — —

Facts & Allegations:
On April 1, 2013, the plaintiff, 70, was a passenger of a transit bus that was traveling on East 60th Street, near its intersection at Second Avenue, in Manhattan. Moments after the bus had cleared the intersection, it driver stopped at a designated stop. While the plaintiff was exiting the bus, he tripped on a tree well’s surrounding brick wall. He fell onto a sidewalk, and he sustained injuries of an elbow and a shoulder.

The plaintiff sued the employers of the bus’s driver, the New York City Transit Authority and the Manhattan and Bronx Surface Transit Operating Authority. The lawsuit alleged that that bus’s driver was negligent in his operation of the bus. The lawsuit further alleged that the New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority were vicariously liable for the driver’s actions.

The plaintiff claimed that the bus’s driver stopped in a location that aligned the tree well and the bus’s rear door. He acknowledged that the bus’s front door was not obstructed, but he claimed that the bus’s passengers were advised to exit via the rear door, so entering passengers could utilize the front door. He claimed that he asked the driver to move the bus, but that the driver refused. The plaintiff claimed that he was traveling with a companion who had exited at the same stop, and, thus, he contended that he had to exit at that time and place. A witness, who claimed that he also exited at the same stop, agreed that the tree well blocked the bus’s rear door. The witness claimed that passengers would not have exited without stepping into the well or onto the surrounding wall.

Plaintiff’s counsel claimed that the brick wall’s height measured 8 to 10 inches, and he noted that the plaintiff was utilizing a cane at the time of the accident. He argued that, given the plaintiff’s disability, the bus’s driver owed him a special duty of care and should have moved the bus to a safer location.

The bus’s driver claimed that he was not asked to relocate the bus. The defense’s expert biomechanical engineer submitted a report in which he opined that, given the door’s elevation relative to the sidewalk and the presence of handrails, passengers were provided a safe means of exiting the bus. The expert also noted that the plaintiff’s companion had safely exited the bus.

Injuries/Damages
The plaintiff sustained a fracture of his right, dominant shoulder’s humeral component. He also sustained a fracture of his left radius’s head, which is a component of the left elbow.

The plaintiff was placed in an ambulance, and he was transported to a hospital. He was referred for further treatment.

After 23 days had passed, the plaintiff underwent open reduction and internal fixation of his right shoulder’s fracture. After four additional days had passed, he underwent an arthroplasty, which involved replacement of his left elbow. His surgeries were performed during a hospitalization that lasted a week. The hospitalization was immediately followed by a course of inpatient rehabilitation, which lasted 16 days. The plaintiff subsequently underwent two weeks of physical therapy.

The plaintiff claimed that he experiences residual pain during certain changes of weather. He also claimed that his left elbow and right shoulder remain weakened, that he cannot flex or elevate the elbow, that his right arm cannot be elevated above the level of his right shoulder, and that his residual effects hinder his ability to carry or lift objects.

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

Result
After the plaintiff’s fact witness had testified, and immediately prior to the scheduled start of the plaintiff’s testimony, the parties negotiated a settlement. The defendants, which were self-insured, agreed to pay a total of $450,000.

— — —

Judge: Judge Peter Moulton

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.

Another pit bull dog attack leaves victim with devastating injuries

New York – This recent dog attack has left a young woman fighting for her life in a local hospital. Reports show that the woman was mauled by what appeared to be a pit bull dog sometime after midnight on a city street. It is unclear as to why the dog was outside without a leash, as is required by law to prevent just this type of assault. Police say that the owner was unable to stop the dog from continuing the attack and they were therefore forced to shoot and kill the dog. Meanwhile, the assault victim suffered horrific dog bites all over her body, including a severe arm injury. Hospital officials say that doctors were forced to amputate her injured arm in order to save her life. She continues to remain hospitalized after the arm amputation in very serious but stable condition. Police and investigators continue to look into the situation to determine if there was any dog owner negligence that created a dangerous situation to the public. A top New York injury attorney warns that the dog owner can face both criminal charges and a personal injury lawsuit in such a case. The owner of the dog was hit by a bullet during the incident but it is unclear whether this was from a police bullet that ricocheted or if the man was caught in the path of fire. Investigators are also looking into these details. Find out more about this pit bull dog mauling here.

Photo for illustrative purposes only. Photo Credit: Gromkey Blackwind [License]

New York City crane collapses, injures man

New York – Investigators continue to look into the terrifying crane collapse that occurred in the middle of the Tribeca neighborhood of Manhattan’s downtown. Videos from the crane accident show that a crawler crane fell over and crashed across several city blocks. The heavy steel tower of the crane was apparently swinging a wrecking ball before it tipped over and crushed several cars beneath it. Rescue crews rushed to the accident scene and treated a man for crush injuries that he suffered after being trapped in his car. It is unclear as to what caused the equipment failure, with some pointing out that there was a light snow fall and winds that may have knocked it over. However, city officials were looking into whether or not construction safety protocols were followed and if any negligence was involved.

New York City has recently seen quite a few crane accidents, including another one involving the same crane company last year. That previous accident sent a heavy load of a metal air conditioning and heating unit crashing down into the side of the building. Ten injury victims were treated following that accident and an investigation opened into the cause. The mayor and city council have now started pushing for stronger penalties for construction companies that violate crane safety guidelines. Activists hope that this may prevent negligent maintenance and other violations that lead to accidents, injuries and death. You can find out more about this safety push here.

Illustrative Photo Credit: Jason Kuffer [License]

Seat back failures during car crash can cause serious injuries

Research data shows that during a car accident, the back of the driver’s seat can break, causing severe injuries. The worrisome thing noted by experts is that this is true even of cars that meet the most current National Highway Traffic Safety Administration (NHTSA) guidelines. The concern involves not just the driver’s seat but also the seat back of the front passenger, according to specialists. They note that the problem is not limited to any one car manufacturer and is a well-known dangerous condition that has been ignored for way too long. The car seat failure often occurs during a rear-end accident where the vehicle is hit from behind. The force of the crash is transferred into the seat back which then buckles and cracks under the pressure. The person sitting in the seat is then violently thrown and injured, even when wearing a seatbelt. Common injuries can include spinal injury, paralysis and internal bleeding from lacerated organs. Activists familiar with the problem explain that passengers in the rear seat of the vehicle, often little children, are also prone to suffer severe injuries and wounds due to the defect. Children have been known to suffer facial injuries, head injury and even death after being struck by pieces of the seat. Cases have been documented of the headrest breaking off and striking the back seat passenger as well.

Car safety advocates have expressed outrage over the fact that the federal government and car makers haven’t properly fixed the hazard. They insist that the federal regulations must be changed to force factories to reinforce the seats so that they don’t collapse or snap during a high force impact of a motor vehicle collision. Some have pointed out that not doing so may be considered negligence and expose the negligent parties to accident lawsuits. You can read more about the weak federal safety standards and deadly problem here.

Illustrative Photo (Altered to obscure license plate): Joe Shlabotnik [License]

Queens car crash into creek kills multiple accident victims

New York – This past Friday night ended with four passengers of a car accident dead after the vehicle sank into a creek. Police say that the car ran into the water after hitting the wooden barrier at the end of a dead end street. The car slammed into the barrier and then plunged into the cold water in the Astoria section of Queens, NY with only the driver being able to escape. Only several hours after this deadly accident, another vehicle also fell into a small section of the East River less than a mile away from the first crash. This time it was an SUV that hit a thin chain linked fence on the dead end street and then rolled over into the river. The SUV accident ended happier, with the four victims escaping alive. Details of the injuries that they suffered in that roll-over accident are still unclear. Fire Department of New York divers took part in both rescue and recovery operations.

Police investigators are continuing their search for the causes of these motor vehicle collisions. They are currently reviewing security camera footage from the initial collision and believe that the driver may have been speeding. Regarding the second accident with injuries, there has been speculation that a drunk driver may have been behind the wheel. A drunk driving accident would help explain why the one vehicle accident occurred. However, concerned citizens worry that regardless of the cause of the accidents, New York City should be doing more to prevent these types of calamities. Specifically, some have pointed out that the road safety division should have known that stronger barriers and better signs were necessary at the ends of these dark dead end roads. They note that the water hazard is serious enough to warrant more than a low wooden barrier or simple chain linked fence. Improved lighting could also help prevent motor vehicle accidents but require city funding. Public advocates have warned that the government officials and land owners in these dangerous areas are responsible to secure the roads and public. They explain that improper planning and safety preparations may constitute negligence. See this site for more about the fatal collision into Steinway Creek.

Illustrative photo by ecksunderscore from New York City (FDNY boat) [CC-BY-SA-2.0], via Wikimedia Commons