s

Tag Archives: negligent maintenance

January 13, 2017 News
0

Train derailment in Brooklyn causes mass casualty incident

New York – Long Island Rail Road (LIRR) company officials confirm that there were over 100 injury victims from this week’s train accident. Reports show that the LIRR train derailed in Brooklyn during morning rush hour as it pulled into the station. Inspectors from the transportation and safety bureaus were unsure as to what caused the crash but they note that the train overran a stopping block. They explain that the bumper is there as a safety design to prevent accidents and collisions. However, it is unclear if the accident occurred due to speed, driver error, broken equipment from negligent maintenance or even human error. Emergency responders from the scene transported the crash victims to various hospitals with wide ranging injuries, including spinal injuries such as neck and back pain, head injury, dental injuries and suspected broken bones. Drug and alcohol testing was underway for the train engineer, according to officials with the National Transportation Safety Board. You can read more about this derailed train here.

Photo for illustrative purposes only. Credit: Metropolitan Transportation Authority of the State of New York [License]

November 15, 2016 News
0

Two workers hit by a subway in Brooklyn train accident

New York — A Metropolitan Transportation Authority (MTA) subway train accident injured one worker and killed a second victim in Brooklyn. The two transit workers were setting up warning lights to warn subway traffic into the Fort Hamilton station that construction and repair work was underway. The MTA uses these warning lights to signal train operators to slow down or stop. This safety system apparently failed when the workmen we struck by the train as it rounded a bend in the track. One of the MTA employees was injured in the work accident and taken to the hospital for care. However, the other laborer was killed in the train crash after suffering extensive and fatal injuries.

Investigators are looking into the cause of the collision to determine if any negligence may have caused the wrongful death. Union and work safety advocates note that more rigorous safety precautions are needed to protect workers as well as the public. They say that safety protocols must be reviewed and additional safety equipment should be issued to prevent future accidents or injury. Some have also pointed out that proper preventative maintenance is necessary to prevent an accident. Negligent maintenance has become an issue in many fast-paced workplace injuries according to specialists. To find out more about this workers comp injury please see this article.

Illustrative Photo Credit: Barry Pousman [License]

October 10, 2016 News
0

Long Island Railroad train accident injured tens of passengers

New York – This week’s train collision involved a passenger commuter train and a maintenance train. Long Island Railroad (LIRR) officials reported that there were approximately 600 passengers on the train at the time of the crash. The initial investigation reveals that the maintenance train got in the way of the commuter one as it was traveling on a nearby track. The closer-than-normal proximity of the 2 trains caused the train accident and led to the train derailment. As the trains collided and then derailed, victims were sent flying in all directions. Emergency responders reported that at least 33 accident victims were injured in the train crash. The injured people were extricated from the wreck and evacuated to area hospitals.

Commuter safety specialists and passengers alike have expressed their outrage. They complain that the train companies must tighten their safety standards to prevent such tragic accidents. They note that vehicles as large and fast as a train require the highest level of safety and accident prevention. Some have contended that safety enforcement has become too lax and has led to negligent maintenance of the equipment. They also warn that engineer drivers often speed and disregard safety directives. Many have pointed to the recent New Jersey train crash that killed one passenger and injured over 100 people on the train and in the train terminal. Federal investigators don’t believe there’s any relationship between these 2 incidents. However, public activists point to the overall environment of lax safety compliance as proof of a more systemic danger that has created a hazardous condition. You can see more about the recent train derailment with updates on the investigation here.

Illustrative photo credit: Metropolitan Transportation Authority of NY [License]

July 08, 2016 News
0

Child fell from a window of New York City housing project

New York – A 3-year-old boy fell out of a window in a tenement housing project in Harlem last week. Reports show that the child was able to push right through the loose window guard before falling to his death. The broken window guard was found on the ground next to the injured child. Officials examining the scene are trying to determine if the window guard was broken or possibly not installed correctly. Complaints from neighborhood activists say that negligent maintenance and installation of safety equipment is a known problem in many apartment buildings. Some have contended that management of these apartments routinely ignore requests for repair of broken equipment and safety hazards. However, others have explained that someone moved an air conditioner unit from that window and didn’t replace the window guard correctly. Investigators will need to determine if proper safety instructions in the use of the window guards were adequately explained to the family and residents of the apartment complex. They will also conduct tests to determine if faulty equipment failure played a roll in this fatal accident. The child fall victim plummeted 13 stories to the ground and possibly struck an object on the way down. He suffered fatal injuries, including a serious head injury, according to witnesses. Read more about this child who suffered fatal fall injuries here.

Illustrative Photo Credit: Paul Sableman [License]

June 15, 2016 News
0

Elevator accident leaves injured worker with arm amputation

New York – An elevator repairman was working on a recently installed elevator when a terrible accident occurred, injuring the worker. According to witnesses, the technician was in the middle of repairing the broken down elevator when something came loose. The man began screaming for help and a bystander called 911. Police, fire rescue and emergency medical services units raced to the scene and rescued the injury victim, treating him for an amputated arm and a leg injury. The wounded man was taken in to surgery in an attempt to reattach the severed limb. Trauma specialists explain that many times an amputation can be reattached but the victim can still be left with severe pain and suffering as well as a permanent disability.

An investigation into this case is underway, with building code and work safety officials looking into the cause of the accident. They will need to look at the training and safety equipment provided as well as the protocols being followed to determine if any negligence took place. In addition, they will need to see if any equipment failure or negligent maintenance of both the elevator and tools could have led to this horrific work injury. See this article for more details.

Illustrative Photo Credit: Aaron [License]

May 31, 2016 News
0

Preventing a work injury and knowing your rights if you are injured at work

New York – Work accidents are common but often avoidable, according to a New York City worker’s compensation injury lawyer. However, many employees and employers alike are unaware of how to go about preventing accidents, injuries and death in the workplace. There are several areas of responsibility that are shared between employer and worker to ensure safety while on the job. These include work-sponsored trainings that involve both formal and informal instruction on how to use equipment and avoid injury in all necessary settings. Also included is the responsibility of the boss and managers to provide safety equipment, such as helmets, secure scaffolding, rigging, harnesses, gloves, eye goggles, ear protection and the like. They are required to make sure that the equipment is not only available but also not broken and with proper instructions. Unfortunately there is sometimes employer negligence when it comes to these necessary safety points, which can lead to an unsafe work environment and even a hazardous situation. Negligent maintenance of equipment is an easily overlooked danger when employers and managers place heavy pressure of deadlines and productivity on their workers. However, a major concern also exists for jobs that involve repetitive motions, slip and fall hazards, overexertion and falling from a height. There are things that employees can do to protect themselves and prevent accidents but some employers try to shift the burden of safety entirely to the worker. This is a concern and should be discussed with a work injury lawyer.

Beyond work accident prevention, work staff should become familiar with their responsibilities and rights if they’re injured on the job. This can include immediate notification of the supervisor or boss of the injury, calling an ambulance, going for emergency or immediate medical treatment, if needed and filing all necessary paperwork about the accident and injury. Employers are usually required to maintain a worker’s comp insurance policy to pay for medical treatment of the injury. The worker also has the right to speak to an accident lawyer that specializes in workman’s compensation injuries for assistance. An experienced law firm can assist with obtaining insurance benefits, hospital, doctor and treatment coverage as well as filing a worker’s comp lawsuit, if necessary. This informative article can explain more.

Illustrative Photo Credit: Bill Jacobus [License]

March 22, 2016 News
0

MTA bus accident in Midtown leaves multiple injuries in its wake

New York – Yesterday’s Metropolitan Transportation Authority (MTA) bus crash led to at least nine accident victims receiving emergency treatment of their injuries. Several of the injured passengers refused transport to a hospital but may require medical care at a later date. The bus driver admitted to losing control of the bus and crashing into a support pillar of a highway overpass bridge above. The questions regarding why and how the driver lost control remain the focus of the investigation. Police and MTA officials were looking into the cause of the accident, including a check into the driver’s safety record and accident history. They have received eye-witness reports that he was a distracted driver, possibly reaching to get a bottle when the motor vehicle collision occurred. The crash occurred near a curve in the road which may been a factor in the incident. Further scrutiny of this accident with injuries must include evaluation of the mechanical condition of the bus itself. Investigators will need to look at the repair and maintenance records for the vehicle to determine if it was safe for public transportation use. In addition to driver error, negligent maintenance can contribute to mechanical failures and an accident. The city’s MTA hasn’t issued a comment on the bus accident, pending investigation. However, public transit safety advocates are expressing deep concern regarding the driving habits of some of the drivers. They insist that the bus companies and city are responsible to take immediate corrective action against any dangerous driver in order to prevent more accidents, injuries and even death. You can read up more about this bus collision here.

Illustrative Photo Credit: Metropolitan Transportation Authority of the State of New York [License] Photo: Marc A. Hermann / MTA New York City Transit

March 08, 2016 Case Success Stories
0

$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]

— — —

Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

— — —

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

— — —

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.

— — —

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.

February 15, 2016 News
0

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]

January 29, 2016 News
0

Trip and fall accident in Bronx elevator

New York – A senior citizen in the Bronx tripped and fell in an elevator that had just been repaired the day before. The injury victim suffered a fatal head injury and died of his wounds in the hospital the next day. The man reportedly tripped on his way into the elevator because the elevator floor wasn’t level with the hallway floor. Reports show that the location where the elevator accident occurred is a city public housing apartment building owned and operated by the New York City Housing Authority (NYCHA). The elevator apparently was serviced by workers of NYCHA the day before the slip and fall injury. Tenants of the building noted that they had been complaining about the broken elevator and the dangerous condition that it presented for many years. The repairmen replaced a part and claimed that it was safe for use after their inspection. However, public advocates state that this was obviously not the case. In fact, they point to the fact that after the man was fatally injured, the city inspector noted that the replaced part was a faulty part and likely caused the accident. They believe that the part malfunction caused a trip hazard that was not evident to the victim when the elevator door opened. Activists warned that there is a problem with regular negligent maintenance in the public housing buildings and this must be dealt with to prevent further injuries and wrongful death. You can check this article out for more about this fall injury.

Illustrative photo from Public Domain [License]