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Tag Archives: trip and fall

September 29, 2021 News
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Can construction companies convince New York to repeal essential work safety law?‎

New York – Labor laws are designed and passed to protect workers from work accident injuries. The ‎New York State Labor Law 240 is one such law that was written to prevent work-related injury by ‎requiring basic safety protocols and equipment for at-risk employees. Specifically, this so-called ‎‎“scaffold law” was an answer to a well-known and specific problem of construction accidents due to ‎hazardous conditions at work. However, some companies within the construction industry are ‎attempting to have lawmakers cancel the law in an effort for them to make more money. The goal and ‎specifics of the law were to require employers in construction companies to provide safety training ‎and equipment, such as harnesses, hard hat helmets, protective goggles and the like. The most ‎pressing of safety issues in construction sites is that of trip and fall accidents, especially a fall from a ‎height at work. These types of work accidents are common, especially in the dangerous confines of an ‎active construction zone.‎

When an employee reports that he fell at work or suffered some kind of on-the-job injury, the ‎employer should immediately investigate what went wrong that led to the work injury and what must ‎be done to prevent something similar in the future. Unfortunately, some bosses just care about ‎making money and simply refuse to buy expensive safety equipment. Others half-heartedly provide ‎some equipment but don’t provide the essential required training in the use and inspection of the ‎equipment. Many workers have complained that improper or negligent maintenance of safety ‎equipment is an even bigger problem than not providing the safety gear. They note that higher levels ‎of risk in dangerous situations may be taken while relying on the protection gear to operate properly. ‎However, when the gear breaks or malfunctions, the consequences can be devastating, including slip ‎and falls, head injury, spinal injury, nerve damage and even wrongful death. Read more about this ‎scaffold safety law as well as the attempts to cancel it here.‎

Photo for illustrative purposes only. Photo Credit: Jnzl’s Photos [License]

September 26, 2021 News
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Horse carriage versus car accident on New York City’s streets

New York – The dangers of slow moving horse drawn carriages using the same streets as fast moving ‎cars has become much more apparent this week. A car crash involving a horse pulled wagon took ‎place in Midtown Manhattan. Differing accounts of the accident have created some confusion as to ‎who caused the collision with injuries. Some have noted that the car was possibly speeding or reckless ‎driving. Witnesses have reported that the car slammed into the side of the horse and wagon causing ‎the horse to trip and fall and suffer serious injuries. However, another account of the accident explains ‎that the horse charged into the car and then collapsed. In any event, this horse accident has brought ‎to the forefront about the dangers of having horses on public city streets. Some have charged that ‎such a dangerous situation is intolerable and can be expected to lead to accidents and injuries or even ‎possible wrongful death. This includes the dangers not only to drivers and passengers in cars and in the ‎carriage but also pedestrians, bicyclists and the horses themselves. According to officials, this horse ‎was actually on his first day on the job at the time of the work accident. This raises the question about ‎whether or not the horse and driver of the carriage had sufficient safety training before starting work. ‎See this article for more about this collision.‎

Photo for illustrative purposes only. Photo Credit: Public domain via Greenville Daily Photo [License]

February 17, 2021 News
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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]

March 27, 2020 News
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Coronavirus protection plan in the workplace :: Employer’s responsibility?

New York – Many people are concerned about their own health as well as that of the people around them during this coronavirus outbreak. A common question that comes up is, what is the responsibility of the employer during these perilous times? Can an employer require workers to come in to work? Should they? Some jobs are vital for society and the well being of everyone. However, other jobs are less so and this should be taken into consideration by a boss. The driving force in decision making should involve the health and well being of employees and customers, and not just money. Workers should be encouraged to work from home or at off times when the office or workplace is relatively empty. In addition, the workplace should be kept clean and disinfected on a very regular basis to avoid getting workers and customers sick. A central thought of employers during this time must be to prevent a work illness or work injury. This may mean that a company will need to work on setting up the employee with adequate work-at-home accommodations and allowances as needed. Employers and companies should ensure a safer environment by also sending home any worker who shows any signs of illness, such as a fever, cough or shortness of breath. The concept is similar to the requirement on employers to provide a safe and healthy work environment in general. For example, good lighting in an office or warehouse to prevent a trip and fall; proper safety equipment on a dangerous construction site; or constant diligence to avoid broken equipment from improper maintenance. In addition, employers should make reasonable efforts to educate their workers and staff on how to protect themselves at work. Systems should be set up by managers and bosses to prevent clumping of customers and workers to prevent spread of the disease. Clear signs and instructions as well as any necessary personal protection equipment and safe cleaning supplies should be made available to staff and customers to prevent a dangerous situation. You can see this article for more guidance on how to prevent getting sick from COVID-19 in the workplace.

Photo for illustrative purposes only. Photo Credit: Senado Federal [License]

October 12, 2018 News
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Students injured by escalator in Manhattan school

New York – High school students were injured in an escalator accident according to school officials. They say that at least ten injured students required emergency medical evaluation or treatment. Some of these were for a toe amputation, lacerations and for possible broken bones and arm or leg injury. It is unclear as to exactly what caused the school injury and safety inspectors were looking into the incident. Some people who are familiar with the injuries believe that it may have been caused by a mechanical malfunction. Parents fear that the injuries may have been due to negligent maintenance of the machinery. However, the possibilities that this incident started with a trip and fall accident or a child who’s clothing simple got stuck in the escalator haven’t been ruled out. Investigators will continue to evaluate the situation and will keep the escalator closed until the situation is deemed safe. See this article to find out more.

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

September 18, 2018 News
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Increased construction injuries and deaths in New York City

New York – Construction accidents with injuries or deaths are on the rise according to statistics released by city officials. The Building Department says that there have been more reported deaths from construction accidents when comparing the current year of 2018 with reports from last year. Public safety experts blame the spike on the increased amount of building construction and renovations. Some have pointed out that the city safety inspectors haven’t been keeping up with the necessary inspections to ensure safety of workers and the public. Others believe that contractors and builders have taken advantage of the commonplace construction environment and have become lax about following safety guidelines. Workers sometimes complain about dangerous work conditions, including improper or lack of safety devices such as helmets, railings and harnesses. Even when equipment is available, workmen have noted negligent maintenance or lack of training provided to hardhats. They worry that profits make be a more important factor for employers than the safety of workers or the public. This situation can lead to a widespread hazardous condition and can easily contribute to a work injury or even wrongful death. Accidents include building collapse, falling debris, bone fractures and trip and fall accidents. See this article to understand more about the increased accidents.

Image for illustrative purposes only. Photo Credit: Pete Jelliffe [License]

February 15, 2017 Case Success Stories
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$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]

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

Settlement: $450,000

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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

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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.

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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.

March 08, 2016 Case Success Stories
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$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.

March 07, 2016 Case Success Stories
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$550,000 Payment in Trip and Fall Injury Lawsuit

New York — This 62-year-old man reported that he tripped and fell while walking down a step on private property. He fractured his leg and ankle and required surgery to try to repair the injuries. Unfortunately, he noted, he wasn’t able to return to work due to the injuries and pain. After speaking to a top injury lawyer at Morrison & Wagner, the victim decided to file a personal injury lawsuit against the owner and property manager of the home. They negotiated a $550,000 payment to compensate the man for his injuries.

Illustrative Photo Credit: diskychick [License]

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Landlord ignored broken walkway, visitor claimed (VerdictSearch)

Settlement Amount: $550,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
leg-fracture (fracture, tibia); ankle-fracture (pilon fracture); ankle-fracture distal fibula; other-plate; other-closed reduction; other-pins/rods/screws; other-comminuted fracture; other-decreased range of motion; surgeries/treatment-open reduction; surgeries/treatment-external fixation; surgeries/treatment-internal fixation

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

Date: July 8, 2014

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

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Facts:

During the evening of Oct. 27, 2011, the plaintiff, 62, a factory worker, fell on a walkway of a residence that was located in the Weeksville section of Brooklyn. He sustained injuries of an ankle.

The injured man sued the premises’ owner and the premises’ manager. The plaintiff alleged that the defendants were negligent in their construction and maintenance of the premises’ entryway path. He further alleged that the defendants’ negligence created a dangerous condition that caused his accident.

The injured plaintiff claimed that he tripped while descending a step that led from an entryway path to a sidewalk. The plaintiff’s expert engineer submitted a report in which he contended that a gap had been created by settling, shifting and/or tilting of segmented stones that formed the step’s upper riser. The expert also contended that the step’s flags were misaligned, creating a height differential of about 0.75 inches.

Defense counsel contended that any defects were oriented side by side — not to front to back — and therefore would not have caused a tripping incident. He also contended that the walkway’s damage created merely minimal defects. He further contended that, during a deposition, the plaintiff placed his fall several inches away from the defects identified by the injury victim’s expert.

Injury:

The plaintiff sustained a pilon fracture: a comminuted fracture of the lowest portion of a leg’s tibia, which forms an upper component of the associated ankle. The injury involved his right ankle. He also sustained a fracture of his right fibula’s distal region, which is another component of the right ankle.

The trip and fall victim was placed in an ambulance, and he was transported to Kings County Hospital Center, in Brooklyn. After four days had passed, his fractures were addressed via closed reduction and the application of an external fixation device. Soon thereafter, he underwent open reduction and the internal fixation of hardware that included three screws and six plates. His hospitalization lasted about two weeks.

The plaintiff claimed that he suffers permanent residual pain and a residual diminution of his right ankle’s range of motion. He claimed that he requires use of a cane and that he cannot tolerate prolonged periods in which he is standing or walking. He further claimed that his injuries prevent his resumption of his job.

The man sought recovery of past lost earnings, future lost earnings, and damages for past and future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that the plaintiff achieved a good recovery and that he can be gainfully employed.

Result:

Defense counsel moved for summary judgment of liability. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $550,000.

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Judge: David I. Schmidt

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

January 29, 2016 News
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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]