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Tag Archives: wrongful death

November 30, 2015 News
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New York City construction accidents on the rise with inadequate safety

New York – Fast-paced building and renovation work in the city with a disproportionate increase in construction injuries and deaths has been noted recently. Worker safety experts explain that there has been a notable increase in the amount of construction but they fear that safety has fallen by the wayside. This can create a hazardous condition for workers as well as innocent passersby. Inspectors point to the fact that they have recorded many more construction deaths as well as worker injuries on construction sites. However, the statistics show that the accidents and injuries are not proportionate with the increased work volume. In addition, they note that many of the injured workers are undocumented laborers without proper worker’s comp insurance coverage by the employers. It has been suggested that this may point toward bosses pushing their employees to work too fast and not spend time and money on safety precautions. Regulations mandate employers to provide a safe work environment to ensure employee protection and to mitigate on-the-job dangers. Not doing so can make indicate a negligent employer with respect to the injury of a worker or bystander, and therefore liable for bodily injuries and wrongful death.

For an example of recent construction site disasters, see this article about a collapsed ceiling that hurt two workmen. You can also refer to this article about the rise in work injuries in New York building zones.

Illustrative Photo Credit: John Hoey [License]

November 13, 2015 Case Success Stories
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$200,000 Award to Family of Pedestrian Killed by a Snow Plow

Ms. McCullough was 70 years old when she was struck and killed by a snow plow truck in February. She was crossing the street when the truck accident occurred, leaving her with fatal injuries. The woman’s two daughters were left heartbroken without their mother. They turned to the well-known accident law firm of Morrison & Wagner, LLP for advice. After full consultation on the case, they sued for wrongful death, contending that the truck driver was negligent and caused the crash. The demand for financial restitution explained that the pedestrian accident could have been avoided if the negligent driver was more careful and in better control of his vehicle. The skilled accident attorney successfully negotiated a settlement and the defendants conceded to compensate the accident victim’s family $200,000.

If you or someone you know was injured due to someone else’s negligence, you have the right to contact an experienced injury lawyer.

Photo by Michael Rieger (from the FEMA Photo Library.) [Public domain], via Wikimedia Commons

July 24, 2015 News
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Dangerous furniture falls, killing children

New York – Product safety specialists have long warned about the dangerous condition caused by tall furniture that isn’t properly secured. Reports show that two children were crushed to death under heavy dresser drawers from Ikea, a popular furnishings retailer. The store has now issued repair kits to allow consumers to secure their furniture to various types of walls, in case they have not done so thus far. The wall anchor set will be issued for specific pieces of furniture that meet the criteria set by the business, as they are likely to fall over and injure or kill an unsuspecting person. Experts say that all furniture should be checked for safety or a fall hazard by manufacturers and stores before being sold. They note that proper instructions and equipment should be included with all products to ensure secure installation of the furniture. Ikea has included wall anchors with some of their products for several years but it is unclear if the specific units that caused the deaths of these kids had them included. Safety activists warn that the concern is not just regarding these specific accidents or even this specific company. Rather, they note, there are some companies that are more negligent when it comes to consumer safety than others. Explicit warning labels, instructions and equipment as well as constant after-market research is necessary by manufacturers and stores to prevent accidents, injuries and wrongful death. Effort must also be made to prevent heavy, unstable objects, such as a television set, being kept on furniture without proper safety precautions that prevent the object from being pulled or falling onto a victim. Businesses that do not do this may face a negligence lawsuit for manufacturing or selling a hazardous product. Additional information on this topic and the fatally injured children is available here.

Illustrative photo by: BeckyF [License]

January 28, 2015 News
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General Motors braces for more faulty ignition switch lawsuits

A dangerous product recall for defective parts in many General Motor (GM) vehicles has been in place for nearly a year. The car recalls have expanded since then, encompassing many car models manufactured as early as 2003 and as recently as 2011. Records show that well more than 300 wrongful deaths and more than 2,700 car accident injuries have been blamed on the defective car parts causing a crash. An administrator has been instructed to sort through the claims and lawsuits, in an effort to compensate the victims. At least 50 of those car crash death cases and 75 of the personal injury cases have been determined as eligible for compensation by the company. However, a deadline has been set for injury victims or the family of someone killed in a car collision to file a claim against the car company. GM has reportedly braced for a possible increase in the number of last minute claims and accident lawsuits against them in the coming days. Some of the injured people have sought the assistance of personal injury lawyer experts in order to make sure that they recover the money that they deserve. Analysts believe that the company has been trying to settle the lawsuit cases quickly, before the results are published from investigations into how much and when the car manufacturer knew about the dangerous situation regarding the flawed ignition switches. Accusations have circled for some time that the company were negligent by ignoring the known problem for many years, leading to many additional motor vehicle crashes. For further details about the ignition switch recall program, please see this article.

Illustrative photo by Ballista on en.wikipedia [CC BY 3.0], via Wikimedia Commons

December 24, 2014 News
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MTA bus accident kills elderly pedestrian in Brooklyn

New York – A pedestrian accident in East Flatbush left the victim dead and the concerned public asking questions of the Metropolitan Transportation Authority. Police believe that the nearly 80-year-old man was walking in or near an intersection when a city bus ran him over. Sources say that the bus driver failed to yield to the pedestrian and knocked him down. An ambulance and paramedics responded to the accident scene and treated the injury victim. However, his injuries were so severe that the man was pronounced dead at the scene. The driver was arrested and charged with causing the fatal accident. Outcries have emerged from public safety advocates for increased bus and traffic safety in New York City. They explain that some bus drivers are too aggressive and don’t slow down for pedestrians, bicyclists or even other cars. This can create a serious hazard, especially when dealing with a large bus on busy streets. Some have pointed out that city and MTA officials have long known about the need for more training and increased penalties for dangerous drivers and speeders. They have expressed the hope that the police and city will start to take the dangerous condition seriously to avoid another bus crash and wrongful death in the future. Further investigation will be necessary to determine the safety training and driving record of the specific driver in this case. Experts say that bus accidents in the city are too common and can injure both passengers of the bus as well as other motorists, if not dealt with soon. Commuters have also complained about drivers who speed off too soon after picking up passengers, causing them to slip and fall while trying to get to a safe seat. Additional information about this bus crash is available here.

Illustrative photo by Chris (Own work) [CC BY-SA 3.0], via Wikimedia Commons

November 13, 2014 News
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Scaffold accident leaves 2 workers dangling from World Trade Center

New York – Rescue workers were sent racing to the scene of a work accident at the World Trade Center yesterday. Two window washers were suddenly left hanging hundreds of feet above the ground, along the outside of the office building, when the scaffold rig collapsed around them. The men reported feeling terrified as they struggled to stop themselves from falling onto the sidewalk below. They were taken to the hospital for evaluation in the emergency room after being rescued by firefighters. It appears that they did not suffer any physical injury but this will require additional time and follow up with doctors to determine conclusively. Trauma doctors do note that psychological injuries can also take time until they show themselves due to the nature of the incident. This latest work accident has industry experts concerned since this is not the first time that the same scaffold company was involved in a scaffold collapse. The previous incident occurred in 2007 when a worker was injured and another worker was killed. The injured worker suffered serious wounds and required extensive treatment. In that job accident, the same company had repaired and maintained the scaffold that broke away and sent the workers falling 47 stories from another Manhattan, NY building. Inspections of that rigging suggested that the dangerous equipment failure was due to a mistake in the crimping of the lines. Workplace safety specialists note that this error should have been picked up on by the employer prior to placing the workers into harm’s way. Activists fear that the same negligence may have been responsible for this week’s workplace accident. They note that work injuries are largely preventable if companies take their responsibility seriously and they maintain their equipment according to regulations. On the other hand, negligent maintenance can easily lead to catastrophic injury or wrongful death, as can be seen in these accidents. Read more about the investigation into the recent window washer accident and scaffold crash here.

Illustrative photo by Mike Peel (www.mikepeel.net). [CC-BY-SA-4.0], via Wikimedia Commons

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

August 31, 2014 News
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Dangerous cars sold after flood damage

A used car dealer was arrested for illegally selling flood damaged cars after last year’s hurricane. The cars, believed to have been sold to New York and New Jersey residents, were severely damaged by flood waters and were declared “totaled” by their insurance companies. However, this did not stop the owner of the used car seller from selling the hazardous vehicles as regular, safe cars. Car safety experts explain that the salt and water mixture together with the sand and debris from the flood waters can have dangerous effects on the cars, leading to a car fire and/or a car accident. Experts have expressed concern regarding the dangers created by the negligent sale of the potentially deadly vehicles that has created a hazardous condition for everyone on the road. According to officials, the damaged cars were given false identities when the seller created fake ownership titles.

The safety, legal and moral implications of creating the false paperwork apparently did not bother the owner of the car salespeople. They have been arrested and charged with various crimes that endanger public safety. In the meantime, the cars that have been identified as having potential to create an accident, fire or other hazard, have been taken off of the road. Experts say that these vehicles must not be driven and are useful only for spare parts. They warn that use of the vehicles can otherwise lead to injury or wrongful death. Industry specialists explain that electrical components can short circuit or overheat and moving parts may malfunction. Other concerns involve internal rust damage that can lead to a dangerous leak. Investigators will need to continue researching the sale of the dangerous vehicles in order to determine if there are any other cars involved. As of now, no injuries or car crash incidents have been reported involving these vehicles. A New York City accident lawyer noted that if anyone was injured by one of these cars, they have the right to speak to an attorney to decide on the best course of action. More on this investigation of dangerous car sales can be found here.

Illustrative photo by Andrea Booher (This image is from the FEMA Photo Library.) [Public domain], via Wikimedia Commons

August 19, 2014 News
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Several motorcycle accidents in New York cause injuries and death

New York – Observers in the area are closely watching multiple motorcycle accident injuries and deaths as investigations continue in what appears to be an cluster of such collisions. A series of motorcycle crash incidents have occurred in Westchester over the past three weeks, with two of the accidents occurring this past Saturday. At least 3 people were injured in the accidents and one was killed. The biker that died in the accident had suffered fatal injuries after his bike collided with a bus. In that bus accident, some of the bus passengers reportedly also suffered injuries but none were reportedly life threatening. Investigators were looking at the possibility of speeding in that accident.

Police in Long Island report that another motorcycle collision occurred in Nassau County that left a woman dead. That bike accident also occurred over a weekend, on a Sunday. However, yet another unrelated bike crash in Queens, NY caused an additional wrongful death on a weekday. The cause of these motorcycle crashes continue to leave activists wondering what can be done to prevent recurrences. Some initiatives have included stepped up enforcement of no speeding laws, prevention of aggressive driving or road rage and education about the dangers of drunk driving. Public safety specialists believe more legal actions need to be taken against dangerous drivers that act negligently and cause motor vehicle accidents. Find out more about the recent bus crash and motorcycle collisions here.

Illustrative photo by Stahlkocher [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

July 18, 2014 News
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Questions mount regarding safety of medications containing niacin

Medical studies point to dangerous medication side effects of taking niacin but many doctors still prescribe the drug. Hundreds of thousands of patients in the United States are being given prescription Niacin according to recent statistics. Even more take the medicine without prescription, sold as vitamin B-3 over-the-counter in pharmacies, supermarkets and online. However, ongoing research of the prescription drug reveals that there are considerable side effects and possible health dangers in taking it. Some believe that the studies and literature clearly point to increased risk of wrongful death that has been ignored by many doctors and hospitals. The most common brand name of the medication is Niaspan, that is manufactured by a large U.S. drug company. Experts say that the nearly $1 Billion sales of the medicine in the U.S. alone may explain why the potentially hazardous product hasn’t been recalled from the market. There are many individuals and companies that have a lot of invested interest in ignoring the crucial warnings regarding the pills. Some have suggested that it is the responsibility of the drug makers to halt sales of the medication until they have more thoroughly studied its health effects. They contend that it is negligent for manufacturers, wholesalers and retailers to continue selling a product that hasn’t been fully researched and may quite possibly be injuring the public health. People who are taking niacin-related medication should discuss any concerns with their healthcare professional before stopping it. If you or someone you know may have been injured by a medication, you have the right to speak to an injury attorney that specializes in medical malpractice and liability https://morrisonwagner.com/contact/ to discuss your case. Read about the current medical research on niacin here.

Illustrative photo by Ragesoss (Own work) [CC-BY-SA-3.0-2.5-2.0-1.0 or GFDL], via Wikimedia Commons