As stimulus projects break ground, OSHA tries new inspection routine to limit construction accidents

With the American Recovery and Reinvestment Act of 2009 passed and some of the first stimulus-funded construction projects underway, several local OSHA offices have devised a new system to inspect construction sites in an effort to reduce construction accidents, Occupational Health and Safety reports.


Though not yet implemented in New York, construction accident lawyers in our area should still take note as there is no reason OSHA's new system could not see widespread use.


Only implemented in Kansas and Missouri so far, the new inspection protocol examines the practices of every employer at a particular construction site, moving the inspection system from one based on inspecting individual employers to one based on inspecting sites.


For New York construction accident lawyers, this approach should seem far more logical. With the usual abundance of different employers collaborating at a construction site, an inspection of the safety practices of one or even a handful of employers can be a poor indication of the overall safety of a site. Inspecting the safety of the entire site at once - scrutinizing the safety of every employer doing work at the site - seems far more likely to both encourage safe practices and catch any violations that occur during construction work.

Moreover, for OSHA it seems a far easier way to organize its inspections of businesses involved in construction work. Rather than visiting each of a company's work sites over the course of a company's inspection (which could lead to multiple visits to each work site as OSHA investigates multiple companies), OSHA will visit each site one time and issue violations as it finds them.

New York City construction accident lawyers have good reason to pay attention to Kansas and Missouri in the coming months. If these new inspection protocols prove effective, OSHA should expand them to cover the entire country.


[Occupational Health and Safety]

Study finds that workplace, construction accidents increase following Daylight Savings Time

In a study of some interest to New York construction accident lawyers, two doctoral students at Michigan State University have conducted research that shows a 5.7 percent jump in the rate of workplace injuries in the days immediately following the March switch to Daylight Savings Time, Occupational Health & Safety reports.

The industry and organizational psychology students, Christopher Barnes and David Wagner, designed two separate studies to examine the issue, both of which will be published in the September issue of the Journal of Applied Psychology. They both found the loss of about 40 minutes of sleep to be responsible for the jump in accidents.

The students also found what every good New York construction accident attorney already knows: Workers performing complex tasks that require a high level of attention, as much construction work does, are at greater risk than other workers.

As Mr. Barnes says, "[Losing one hour of sleep can make a difference], especially for those engaged in jobs requiring a high level of attention to detail. Studies have shown that lost sleep causes attention levels to drop off."

A 5.7 percent increase in accidents over a short period is a considerable jump that really ought to be avoided. Just as we take special precautions in the event of inclement weather or dangerous diseases, we can make accommodations for Daylight Savings Time.

Employers can stress to their employees the importance of shifting their sleep schedules promptly after they "lose an hour". Even better, employers could let their workers with high-risk jobs start work an hour or 40 minutes late for one or two days following the Daylight Savings Time switch.

It would be a small change that could save hundreds of people all the pain and grief that follows a construction accident.

[Occupational Health & Safety]

Family of neglected patient settles wrongful death case against New York City for $2 million

The New York wrongful death lawyers representing the family of a patient who died last summer at Kings County Hospital settled their wrongful death lawsuit against New York City for $2 million, The New York Times reports.

The patient, Esmin Elizabeth Green, was brought to the Kings County Hospital's psychiatric emergency room on the morning of June 18, 2008, after she had an anxiety attack. Ms. Green waited in the emergency room for nearly 24 hours with no attention from a doctor or other hospital staff. Early the next day, she fell out of her chair and lay on the floor for about an hour before staff gave her any meaningful assistance.

By then Ms. Green had stopped breathing and all doctors could do was try, unsuccessfully, to resuscitate her.

The negligence of the hospital is breathtaking. Security videos released to the family's New York wrongful death lawyers during the suit showed multiple hospital personnel taking note of Ms. Green's condition and doing nothing. At one point a staff member prods Ms. Green with her foot before walking away.

To its credit, the hospital took swift action after Ms. Green's death. It fired the director of psychiatry, the doctor on duty and the head of security. It changed its emergency room protocols to reduce patients' waits and make hospital staff more accountable for their actions.

While these actions may prevent further incidents, they provide little solace for Ms. Green's six children. Unfortunately, New York's inadequate wrongful death laws make no provision for a family's pain and suffering - the family's $2 million settlement represents only pecuniary (financial) loss. If Ms. Green had been a child or a retired person, her family could well have received nothing.

There is a criminal investigation of the hospital's actions underway. The Green family has said they hope to get closure from its outcome. We hope they do.

[The New York Times]

As companies face bankruptcy, New York personal injury lawyers settle some cases

The Daily News ran a story this morning that poses a troubling question to New York personal injury lawyers: What happens to a lawsuit when the company you are suing goes bankrupt?

This unfortunate circumstance is becoming more common as the economy suffers the effects of the current recession. It is a real concern for personal injury lawyers in New York and around the country.

Essentially, as the News story puts forth, anyone with a case pending against a company facing bankruptcy is pressured to settle his or her case before the company goes under. This prevents them from becoming unsecured creditors in the event of the company's bankruptcy and getting little or no money, even if they receive a favorable verdict.

Settling certain cases early, even if it means accepting a fraction of what they would get in more favorable circumstances, seems a prudent course to many New York City personal injury lawyers in these dire economic times.

In its story, the News focused on several cases against General Motors and Chrysler, the most prominent companies facing bankruptcy right now. Amanda Dinnigan's case is especially tragic.

An eight-year-old girl who became a quadriplegic after a car accident, Amanda requires constant medical care. Her father, who is suing General Motors over a faulty seat belt, has built her a "mini-intensive care unit" in his home and estimates his daughter's medical bills total $500,000 a year. While the father's health insurance pays the bills for now, he is worried for his daughter's security after he is gone.

With General Motors nearing bankruptcy, the family's New York personal injury lawyer is under pressure to settle their case for far less than it is worth to protect the family from receiving nothing.

It is a tough position for families, who know the settlements will not enough to provide the care their loved ones require, and it is a tough position for personal injury lawyers, who know that under different circumstances they could help these families get that care.

[Daily News]

Employers are making it harder for unions to organize workers

In a study of great interest to people in the construction trade and New York construction accident lawyers alike, 57 percent of employers threatened to close plants and 47 percent threatened to cut wages and benefits when faced with unionization. This study, released on May 20, 2009, was conducted by Cornell University. The numbers were extracted from a survey of 1,004 union organizing drives.

[Read the rest of the article]

Jury awards $5.45 million to Bronx man with a misdiagnosed staph infection

This month a Bronx man who almost lost his life due to a misdiagnosis at Montefiore Medical Center's emergency room was awarded $5.45 million by a jury in a medical malpractice lawsuit the result of which was observed by New York medical malpractice attorneys across the state.

According to the New York Post, on May 1, 2002, Emanuel Badger visited Montefiore Medical Center's emergency room with complaints that he felt "deathly ill" with "headaches, the shakes and fever." Doctors told Mr. Badger that he had a strain of flu and should return home to recover. A few days later, his symptoms worsened and Mr. Badger returned to the hospital's emergency room.

[Read the rest of the article]

For New York construction accident lawyers, a streak as remarkable as the Yanks' recent wins

In the fourth such accident in a week, a construction worker fell three stories and emerged relatively unscathed, the Daily News reports.

Ronald McGovern, a "steel king" boss at the construction site of a 51-story building at 111 Lawrence Street in Brooklyn, was on the third floor of the site on Wednesday supervising the lifting of various steel bars to the building's upper floors. Mr. McGovern was working on a load of bars when it swung into his legs, knocking him off the loading dock and into a dumpster three stories below.

Construction debris in the dumpster broke Mr. McGovern's fall and, though he was knocked unconscious, the fall broke none of his bones. He was released from Bellevue Hospital later that day with five staples in his head and a recommendation that he take some Tylenol.

Work on the site was stopped after the construction accident, allowing for an investigation of safety violations.

New York City construction accident lawyers rarely see people walk away from falls like these without some very serious injuries. It is remarkable that we have seen such a streak of lucky falls over the last week.

Still, each fall could have been avoided. A simple fence, window guard or safety line would have prevented or drastically reduced the danger of each fall.

We can only be happy that Mr. McGovern will get to spend his Memorial Day relaxing with his family instead of suffering in a hospital. It is a far better fate than many others involved in construction accidents face.

[Daily News via City Room]

Cornell study finds the obvious: employers are making it harder for unions to organize workers

A new study of interest to all New York construction accident lawyers comes to some discouraging, though unsurprising, conclusions about the state of organized labor in this country.

The New York Times reports the Cornell University study [pdf], released yesterday, shows that in its survey of 1,004 union organizing drives, 57 percent of the employers threatened to close plants and 47 percent threatened to cut wages and benefits when faced with unionization.

Another 63 percent of employers initiated illegal one-on-one meetings with workers to determine which of their employees supported unionization. Supervisors threatened workers with termination at more than half of these personal meetings.

Kate Bronfenbrenner, director of labor education research at Cornell University's School of Industrial and Labor Relations and author of the study, came to these conclusions by looking at data from the four-year period from 1999 to 2003. She used a combination of publicly available information and surveys issued to organizers of the 1,004 union elections she examined.

The best New York construction accident lawyers know that unions are essential in avoiding unnecessary construction accidents. Unions give workers a safe place to report concerns about employers' unsafe practices without fear of retaliation. They can help certify that workers are well-trained for the tasks that they perform on the job. Unions can ensure that when a construction accident does happen, the proper authorities are informed and the injured workers get all the help they need.

All of this makes inherently dangerous construction work much less risky.

The essential role unions play in the construction industry makes any threat to unionization a major concern for construction workers. Ms. Bronfenbrenner is correct when she writes that the passage of the Employee Free Choice Act represents unions' best chance for survival and expansion. Construction workers should do what they can, be it signing petitions, writing letters or attending rallies, to support this bill.

[The New York Times via Adjunct Law Prof Blog]

Teenage driver and passenger killed in Queens car accident

Two teenage boys were killed in Rosedale yesterday when their car shifted into the wrong lane and crashed into another vehicle, the Daily News reports.

The driver, 17-year-old Stephen Bachoon of Brooklyn, was heading south down Brookville Boulevard when his Toyota Corolla switched to the northbound lane. His car collided head-on with a 70-year-old woman's Kia Sedona, killing Mr. Bachoon and one of his passengers, Queens teen Chris Basdeo.

Mr. Bachoon's four other teenage passengers, who were traveling in the back seat, are in guarded condition at area hospitals. The other driver is in stable condition.

For New York auto accident lawyers, there are several disturbing elements in this crash. First, there is no way four passengers could be safely accommodated in a Toyota Corolla's back seat - the car's rear seat has only three sets of seat belts.

Second, it is a questionable wisdom that leads us to allow such a young driver to transport any number of similarly-aged passengers, let alone five. Teenagers are hardly known for their consistently sound judgment or staid manners. Driving, especially for new drivers, often requires intense focus. A car filled with raucous teens is hardly conducive to an inexperienced driver's establishing and maintaining the focus necessary for safe operation of his or her vehicle.

The California DMV estimates that teenage drivers are 3.6 times as likely to have a fatal accident when they are traveling with teenage passengers.

In response to this alarming situation, more than 30 states and the District of Columbia forbid drivers under a certain age from carrying more than one young passenger. Some states go a step further and do not allow these drivers to transport any passengers.

New York State has a more lenient approach. Drivers with a junior license are allowed to transport up to two other minors. However, with only a little trouble even 17-year-olds can receive an unrestricted full license and travel with as many passengers as they like.

The New York auto accident lawyers I spoke with would like to see the legislature impose tougher restrictions on every young driver, not just those with junior licenses.

In the meantime, parents should help teenage drivers understand their limits and the dangers of driving. The New York State Department of Health has a short guide to teenage passengers and drivers that every teen should review. Following its advice could mean the difference between living a long, happy life and becoming yet another grim statistic.

[Daily News]

In another lucky fall, welder is saved by duct work

In the third narrowly averted tragedy in five days, a welder working on construction of the new Isis Condominium at 303 E. 77th Street fell four stories down a shaft before his fall was broken by a "tangle of duct work," according to the Daily News report of this construction accident.

George Saguay was working on the 16th floor of the building yesterday afternoon when he somehow fell down a chute. Mr. Saguay's co-workers responded to the construction accident, notifying the fire department and trying to reassure Mr. Saguay as he lay, trapped, on the ducts.

Fire fighters arrived at the scene and cut Mr. Saguay free from the duct work. They then eased him out using the overhead rope to which he was secured. Mr. Saguay escaped the incident with only minor injuries.

Though the Daily News story does not expound on the sort of safety line Mr. Saguay was using, my discussions with New York construction accident lawyers (and a dose of common sense) makes me think any safety line that allows a construction worker to fall four stories is inadequate.

Mr. Saguay is extremely fortunate to be alive - let alone relatively healthy - after such a serious accident. One would hope that such an incident leads contractors to engage in some reflection on their safety practices, even if such reflection does not often happen.

[Daily News via Gothamist]

Jury awards $5.45 million to Bronx man with misdiagnosed staph infection

A Bronx man received a $5.45 million award from after New York medical malpractice lawyers took his case to verdict yesterday, the New York Post reports.

On May 1, 2002, Emanuel Badger visited Montefiore Medical Center's emergency room with complaints that he felt "deathly ill" with "headaches, the shakes and fever." Doctors told Mr. Badger that he had a strain of flu and should return home to recover.

A few days later, his symptoms even worse, Mr. Badger returned to the hospital's emergency room. This time doctors performed a blood test and realized Mr. Badger had a serious staph infection that was affecting his heart.

Two days later, doctors performed heart surgery to replace one of Mr. Badger's valves. Afterwards, Mr. Badger's doctor told him he "was 30 minutes from death."

It is distressing that a man visiting an emergency room with such a severe assessment of his own health can be dismissed as casually as Mr. Badger was. Surely the hospital staff sees some patients who exaggerate or fabricate their symptoms, but it is the staff's responsibility to hear each patient out.

Most patients appreciate how overcrowded hospitals, and especially emergency rooms, can be. They do not expect hours, or even 45 minutes, of a busy doctor's time. What they do expect, and what they should expect, is a doctor who will spend enough time with them to obtain an accurate diagnosis and that, it seems, is what Mr. Badger did not receive.

Given his serious complaints, doctors should have taken Mr. Badger's blood on his first visit to the emergency room. Even if they sent him home to wait for the results, doctors would have discovered his infection days earlier and possibly avoided a complicated surgery.

[New York Post]

The Perecman Firm Warns About the Laws for Bicyclists and Automobile Accidents

New York personal injury claims lawyer David Perecman isn't suspicious, but in this case, two car accidents in three days is enough to make a New York film shoot appear cursed.

"In a big city like New York, pedestrian and automobile accidents can happen at any time, and in the most unexpected ways, " says David Perecman, a leading NY personal injury lawyer.

As subway fares and the cost of gas rise, more and more people are using bicycles to get around the city. Bicyclists need to know the safety laws. They also need to know their rights.

David Perecman, a leading New York personal injury lawyer based in Manhattan, can tell you how dangerous it can be to cycle on New York's busy streets. One among the most respected New York personal injury attorneys, Perecman has seen his share of bicycling accident victims.

Insurance Companies Thwart Efforts Of Employees Seeking Workers Compensation Benefits In New York State

One of New York's best personal injury attorneys, David Perecman, is helping the public understand their rights against insurance companies and workers compensation benefits. Attorneys know the battle to breathe with damaged lungs pales in comparison to Daniel Arrigo's ongoing struggle with Zurich North America. The giant insurance carrier is putting up an aggressive legal fight to block the 53-year-old construction worker, and father of three, from collecting the much-needed workers compensation benefits he says are his due.

Continue to entire press release

Toddler falls three stories, only has cuts and bruises

Here's another story that will surprise most New York personal injury lawyers: just days after a Brooklyn girl survived a 30-foot fall with only a broken arm and leg, a young Bronx boy fell out the window of his third floor apartment and sustained only minor injuries.

The Daily News reports the two-and-a-half-year-old boy, Tristan, fell from the unprotected bedroom window of his apartment onto the concrete sidewalk, with nothing to break his fall. The boy's father and some of his neighbors responded to the scene of the accident before paramedics rushed the boy to Jacobi Medical Center.

Doctors there found Tristan to have some cuts and bruises but, amazingly, no broken bones.

Tristan and his family are extremely lucky. You don't have to be a seasoned New York personal injury lawyer to imagine what a three-story fall onto the city's concrete streets can do to a person.

That said, Tristan's parents need to have their building install the window guards that New York City requires on most apartments that house children under the age of 11. Whether the family surreptitiously removed these guards or the landlord never installed them, these guards save children's lives and should have been in place all along.

In the past week New York has seen two children survive potentially deadly, but preventable, falls. It is a lucky streak, and one that should give building owners pause to consider easy actions they could take to prevent an accident from happening on their property.

[Daily News via Gothamist]

David Perecman questions the presence of an unfenced skylight near a rooftop playground.

A girl falls 30 feet through a skylight and New York personal injury lawyer David Perecman knows that this is a lucky fall. A 30-foot drop has the potential to cause far more severe injuries then only the broken arm and leg suffered by the eight year old. A fall like this can be fatal.

Brooklyn girl falls 30 feet through skylight, survives with broken arm and leg

An eight-year-old Brooklyn girl fell 30 feet through a skylight near a rooftop playground yesterday afternoon, breaking an arm and a leg, the New York Post reports.

The girl, whose name was not released, was walking towards a staircase to retrieve a ball that had fallen to the street when the skylight she was walking on gave way. She fell into her school's multipurpose room, where a lesson was in progress. No one else was injured. The girl was taken to the Lutheran Medical Center.

New York personal injury lawyers know that this was a lucky fall. A 30-foot drop has the potential to cause far more severe injuries, and could even be fatal.

The girl's school, the Beis Ruchel D'Satmar Girls School, shares its space with Aters Chaya, a popular wedding hall, according to The Yeshiva World. The skylight allows for couples to marry in accordance with the rules of a traditional Jewish wedding, which require "open sky directly above" the ceremony.

The skylight is a critical feature of this facility - its removal would be problematic. Yet its placement near the school's rooftop playground clearly poses a problem. Frankly, the school is lucky it hasn't had any prior accidents involving this skylight.

An easy, simple solution: construct a low fence around the perimeter of the skylight. This would keep children from walking across it but allow adults easy access for weddings or any other occasion.

The school should fix this situation quickly. Though it has been lucky so far, counting on continued luck is a very poor practice.

[New York Post & The Yeshiva World]

David Perecman wants answers on pilot’s fatigue and qualification on upstate New York plane crash

A stalled twin-engine turboprop commuter plane slams into a suburban upstate New York home and bursts into a fiery explosion that kills all 49 people on board and one person on the ground. At first, it appeared that ice buildup was the cause of the accident. However, collected evidence points investigators and personal injury attorneys in a whole different direction.

Questions about pilot's fatigue and qualifications at hearings on upstate New York plane crash

At hearings investigating the upstate New York plane crash that killed 51 people this February, after it became clear that pilot error almost surely caused the accident, Colgan Air executives were questioned on their hiring practices, pay scales, and their pilots' commutes, The New York Times reports.

The National Transportation Safety Board hearings, which continue today, encountered many of the same issues that frequently draw the ire of New York personal injury lawyers: responsible jobs held by questionably qualified individuals, difficult working conditions and extremely low wages.

Nearly every detail of the situation is shocking. For instance, Marvin D. Renslow, the captain of the doomed flight, lied about how many times he failed a hands-on proficiency exam on his job application; he told Colgan he had failed once - he had flunked the test three times. Colgain Air had the right to request that Mr. Renslow provide authorization to view his FAA records, an action it did not take.

Then, during his employment at Colgan Air, Captain Renslow failed two more proficiency exams before he was certified to fly the Dash 8, the aircraft he went on to crash.

But perhaps these failures can be attributed to fatigue. After all, Captain Renslow commuted regularly between his Florida home and the Newark airport where he worked. With no residence near the airport, Captain Renslow often slept in the crew lounge. This practice, which rarely led to a good night's sleep, was prohibited by Colgan Air, though management never took serious action to stop it.

Surely, on a pilot's salary, couldn't Captain Renslow afford at least a humble residence near the airport? Unfortunately small, regional carriers like Colgan Air don't pay pilots anything close to what the larger airlines pay. According to ETN, a travel industry news service, while larger airlines pay their pilots about $125,000 a year, smaller carriers like Colgan only pay about $50,000 a year.

Even worse off was Captain Renslow's co-pilot, Rebecca Shaw. Living near Seattle, Shaw was faced with an even longer commute than Captain Renslow, was paid only $16,200 a year and was forced to take a second job serving coffee to make ends meet.

Airline pilots hold one of the most responsible jobs in the country. It is a career that requires intense concentration, rare skills and an extremely flexible schedule. The public has a strong interest in ensuring that pilots are qualified, healthy and well-rested before they're allowed on a flight deck. Yet the conditions revealed at the NTSB's hearings obviously run against this interest.

Any New York personal injury attorney will tell you it is ill-advised to create a situation wherein a questionably-qualified, sleepy person is put in charge of complicated equipment with the capacity to injure or kill dozens or hundreds of people. Colgain Air, and other small carriers like it, must reconsider their practices before another tragedy occurs.

[The New York Times & ETN]

Tractor trailer crash shuts a section of I-95 in Connecticut

An early morning rear-end collision between two tractor trailers on I-95 outside of Milford, Connecticut, shut portions of the road on the northbound side and killed one person, New England Cable News reports.

Details are still sketchy at this point, but it seems several other vehicles were involved and the Department of Environmental Protection has been called in to help clean a fuel spill.

If you normally rely on this section of I-95 for your commute taking an alternate route would surely be a good idea, though you should probably plan on being late in any case.

As always, the New York auto accident lawyers at The Perecman Firm implore you to drive carefully and stay safe.

[New England Cable News]

Brain surgeons' abandoned patient speaks out

Jennifer Ronca, the patient whom Drs. Bolognese and Milhorat (both of whom have unrelated New York medical malpractice cases pending against them) abandoned in North Shore University Hospital's operating room, has come forward with her story of distress, betrayal and humiliation, the Daily News reports.

Last month, Ms. Ronca was scheduled for surgery with Dr. Bolognese to deal with an infection in one of her shunts. Operating room staff prepped Ms. Ronca for surgery, shaving her head and administering general anesthesia. Only after she was anesthetized did the staff realize that Dr. Bolognese was not in the building.

Frantic, the operating room staff asked Dr. Milhorat, then the chief of neurosurgery, if he would perform the surgery. He declined, explaining that Ms. Ronca was not his patient.

With no one to perform the surgery, Ms. Ronca was moved to a recovery room. When she awoke, a nurse explained that Dr. Bolognese had a family emergency and the surgery was not performed.

At first glance this seems like a regrettable, understandable mix-up. Even doctors have family emergencies, and if Dr. Milhorat truly was unfamiliar with the patient's situation perhaps it was best that he declined to perform the surgery.

But now that Ms. Ronca has spoken about the incident, the original story has started to unravel. First, as Ms. Ronca told the News, Dr. Milhorat had more than a passing familiarity with her case:

"Dr. Milhorat operated on me twice before in 2008, and his office told me in April it was he who decided that I should have the shunt put in on the same day they were doing the traction. Since when am I not his patient?"

Second, reports of Dr. Bolognese's family emergency may have been greatly exaggerated:

A little later, Ronca said she got a call from a hospital administrator who told her, "There was no family emergency. We are investigating what happened. We will keep you in the loop."

Both doctors have been suspended and the New York State Health Department is investigating the incident. Dr. Milhorat, 73, has resigned as chief of neurosurgery at the hospital.

Working with New York medical malpractice lawyers, what is most disturbing about this incident is how loosely both Dr. Milhorat and the hospital played with the truth. These are professionals and institutions that patients are asked to trust with their lives. The terrible way they handled this incident does not inspire much faith.

[Daily News]

Another broken elevator, another young boy injured

A seven-year-old Bronx boy broke his leg in an elevator accident yesterday while trying to escape from the car he was stuck in, the Daily News reports.

Milton Apolinaris was on his way to visit a friend at the six-story Hunts Point Avenue building when the elevator jammed, trapping him between the third and fourth floors. Milton panicked and tried to escape, jimmying the door open and crawling out onto the third floor. Unfortunately, he got stuck part of the way through while "his feet were on the fourth floor and his body was on the third."

Neighbors responded to the boy's cries for help and kept the elevator from restarting until paramedics and fire fighters arrived. The rescue workers formed a human chain and pulled Milton out of the shaft to safety.

He was transported to Lincoln Hospital for treatment of his broken leg.

New York personal injury lawyers have witnessed a real rash of elevator accidents in recent months. From Jacob Neuman's tragic fall to the many lapses of the New York City Housing Authority, elevator accidents have become a serious concern for New Yorkers.

Though it seems New York City is aware of its problem elevators (the elevator in this accident had been cited on poor maintenance nine times in the last 18 years), there is a disconnect between citations and enforcement. The city must address this issue and ensure that it follows up on inspections instead of merely issuing a citation and leaving it at that.

Parents can do their part, too, and teach their children that if they are stuck in a broken elevator the best thing to do is ring the alarm and wait for help. In the last year, one young boy was killed and another injured while trying to escape jammed elevators.

Of course, elevators should be maintained in a way that makes this impossible, but in a world where elevators can be dangerous why take the risk?

[Daily News and Channel 7 via Gothamist]

Manhattan Personal Injury Attorney Blames Insurance Industry For Negative Perception Of Civil Justice System

New York personal injury lawyers can have a tough time against large pocketed companies such as insurance companies and big business. When it comes to frivolous lawsuits, these monsters want the public to believe it is they who are often the victims and not the average "Joe" who they claim is the unknowing sucker. Manhattan personal injury attorney, David Perecman is standing up against these accusations and wants to help the public.

Grandmother, grandson injured in elevator accident in Long Island church

A 66-year-old woman and her eight-year-old grandson were injured in an elevator accident Sunday morning when the elevator they were riding suddenly dropped 10 feet, Newsday reports.

The pair was riding the elevator to the second floor of Our Lady of Hope Church in Carle Place at the time of the accident. Both the woman and the boy were taken to a hospital for treatment for injuries to the leg and ankle, respectively.

Further details regarding the cause of the accident and extent of the pair's injuries are not available at this time.

Earlier this month a legally-blind Bronx man was killed in an elevator accident when he stepped into an empty shaft after elevator doors opened while there was no car present.

Though there are absolutely no indications that this most recent elevator accident was as severe as the one in the Bronx, New York personal injury lawyers know that even a mild elevator accident can indicate a serious problem with an elevator's maintenance or equipment.

If it has not done so already, Our Lady of Hope Church should immediately shut down its elevator, determine what caused yesterday's accident and set about fixing the problem. It is the safe, responsible course of action.

After settling daughter's New York personal injury case, mother commits suicide

Susan Perry's only child, 18-year-old Natalie Smead, was killed in 2006 when a train ran her over after she fell through an eight-inch gap onto the tracks at the Long Island Rail Road station in Woodside. Her parents, both of whom lived in Minnesota, hired a New York personal injury attorney to sue the MTA and LIRR for their daughter's death.

The family contended that the MTA and LIRR allowed dangerous gaps between its trains and its platforms. An independent investigation by Newsday found "gaps [reaching] 15 inches at some stations," more than twice the LIRR's self-imposed limit of seven inches. In response to Ms. Smead's accident, the Railroad Safety Advisory Committee conducted its own review of the LIRR's gap-safety record and found 209 incidents in the four-year period between 2002 and 2006.

In February the MTA and LIRR settled with Ms. Smead's parents for $1.5 million. The accident and ensuing investigations had already prompted the agencies to examine the gap problem and institute modifications to shorten the gaps between platforms and trains. The LIRR issued statements of regret and apology addressing the accident.

Nearly a month after the case settled, the National Transportation Safety Board issued a report which placed blame for the accident on Ms. Smead, who was drunk at the time of her fall and failed to comply with the conductor's last-minute instructions.

For Ms. Perry, still quite distraught over her daughter's death, things only got worse. News of the NTSB report exacerbated her already severe depression. On March 20, a day after the report was issued, she wrote an e-mail to friends and relatives decrying the NTSB's report and expressing her continuing grief over her daughter's death. Sixteen days later she hanged herself.

Ms. Perry was clearly not well. She first tried to kill herself in February. She obsessed over every article published about her daughter's accident. Her life after her daughter's death was remarkable for its misery, pain and loneliness.

Normally it is difficult to wrap one's mind around the consequences of the tragic, unexpected loss of a family member - the event is simply unthinkable. In this instance, Ms. Perry's actions made her suffering and her loss clear.

Every family that has to cope with tragedy goes through some permutation of Ms. Perry's experience. They deserve our sympathy, our understanding and our help.

English bicyclist killed in Queens car accident

Stephen Hoadnett, a 40-year-old man from London, died yesterday after he was hit by a 10-wheeler truck while riding his bike in Richmond Hill, the Daily News reports.

Details are sketchy, but it seems the cyclist was traveling along Jamaica Avenue and Lefferts Boulevard when the truck hit him. The driver stayed with Mr. Hoadnett until an ambulance took him to Jamaica Hospital. He was pronounced dead shortly thereafter. At the time of the car accident he was raising money for a charity for guide dogs.

The truck driver was not charged with any criminal behavior and none is suspected.

A good New York personal injury attorney can tell you how dangerous it can be to cycle on New York's busy streets. Many drivers don't see the need to share the road with cyclists. Others simply don't see cyclists. Either situation is a big problem for bikers who lack the protection of air bags, seat belts and a heavy metal cage surrounding them.

While there is no way to completely mitigate the risk of cycling alongside faster, larger and heavier vehicles, bicyclesafe.com has assembled a list of ten ways to avoid car accidents while riding a bike. The list emphasizes making yourself as visible as possible (reflectors, headlights, signaling), choosing a route with many wide, slow streets and anticipating drivers' actions instead of hoping they respond to you.

The list is packed with good, non-intuitive suggestions that should be passed along to any bikers, avid or casual, in your life.

Second car accident in three days during shoot of Nicolas Cage film

Superstitious New York auto accident lawyers beware - this story may put you on edge. Nine crew members were injured in the second car accident in three days during the New York shoot of Nicolas Cage's upcoming film, "The Sorcerer's Apprentice," the Daily News reports.

This car accident occurred early this morning about one hour after filming had concluded for the day. A taxi cab switched lanes without signaling, cutting off an SUV driving down Seventh Avenue near the Winter Garden Theater. The SUV, a BMW X5, swerved to avoid the cab and lost control, plowing into a parked Grand Cherokee before rolling onto the sidewalk.

According to the News the Jeep hit the majority of the crew members, who were gathered under the theater's marquee drinking coffee and sitting on milk crates. The taxi which precipitated the car accident sped away without stopping.

Though some are saying that the production is "cursed," spokespeople for Disney, which is producing the film, "laugh off the idea" and insist that it just coincidence.

Fortunately, none of the crew members were seriously injured and all but two have since been released from the hospital. Though no production would ever wish for two car accidents in one week, the cast and crew of "The Sorcerer's Apprentice" should count themselves lucky that no one has been badly hurt in these accidents. Surely both had potential to cause great harm.

Hopefully "The Sorcerer's Apprentice" will complete its shoot without another car accident (or any other kind of accident) and the whispers of a curse will be quickly forgotten.

Brain surgeons with pending medical malpractice cases suspended after abandoning patient in operating room

Two brain surgeons at North Shore University Hospital, both with medical malpractice lawsuits filed against them, have been suspended for two weeks after abandoning a patient in the operating room after she had been prepped for surgery and anesthetized, the Daily News reports.

The April 10 surgery had to be postponed after Dr. Paolo Bolognese, the surgeon who was scheduled to perform the surgery, could not be found by hospital staff after the patient had been prepped. Once it was clear Dr. Bolognese was unavailable, hospital staff asked the chief of neurosurgery at the hospital, Dr. Thomas Milhorat, to operate on the patient. Dr. Milhorat refused, saying the patient was not his. Both doctors were suspended for their actions.

Though it is very unlikely any New York medical malpractice attorney will file a lawsuit related to this particular mishap, both doctors have enough to worry about. Three medical malpractice lawsuits filed last week accuse the doctors of using patients with the Chiari defect "as guinea pigs for research and financial gain."

Another medical malpractice suit alleges the doctors told a young patient her surgery would be "a walk in the park," though after the operation her condition only worsened.

Dr. Bolognese and Dr. Milhorat are some of the most highly-paid doctors in New York, making $2.4 million and $7.2 million a year, respectively. It seems overwhelmingly likely that both are usually very good at what they do.

Still, everyone makes mistakes just as everyone has lapses in judgment. It is unfortunate that when doctors err another person's health is often put at risk. They work in a sensitive area where taking responsibility for one's mistakes (always a noble pursuit) can become costly. Even so, it is only right that they pay what it takes to make the patients who put their trust in them whole again.

Elevator Accident and Death of a Blind Bronx Resident Speaks for Itself

According to the Associated Press, a 67-year-old blind man plunged 25 feet down an elevator shaft to his death in his Bronx apartment building when the doors opened, but no elevator car was waiting when he stepped inside.

"Based on several news reports," said David Perecman, founder of the Perecman firm with attorneys focusing on elevator accidents in New York and who has handled many premises liability cases personally in his 30 plus years of practice, "there appears to be little doubt that the accident and wrongful death is the fault of building management and possibly even the company that services the elevators in the dead man's building."

Continue reading the press release on The Perecman Firm website.

Under Barab, OSHA lays out aggressive plan to cut workplace, construction accidents

In news that should interest every New York construction accident attorney, Jordan Barab, acting secretary of OSHA, laid out a comprehensive plan to overhaul the agency's handling of employers with repeat safety violations, Workers Comp Insider reports.

The plan's core is a special, intensive inspection and enforcement program for large employers with repeat violations. This program, along with increased cooperation with the Department of Justice to prosecute these serial violators and a slew of new, stimulus-funded inspectors, may actually put a dent in the incidence of workplace and construction accidents.

Perhaps even more heartening was the news of legislation, crafted by Democrats in Congress and the Department of Labor, that would impose criminal felony charges on certain, serious violations and require employers to report every accident that occurs in their workplace. Representative Lynn Woolsey has introduced the Protecting America's Workers Act in the House, the Las Vegas Sun reports.

With strong laws and strong enforcement OSHA can create a serious disincentive to ignoring its safety regulations. Most New York construction accident lawyers would probably agree that Mr. Barab's strategy of focusing on employers with repeat safety violations is the best way to cut workplace and construction accidents.

These are the employers who, due to apathy or greed, continue to violate safety rules even after OSHA fines them. They cannot use ignorance as an excuse for putting their employees in harm's way.

Those who defend these employers and protest a government that meddles with business never address the human cost of ignoring safety. If these same people worked in an environment where they were exposed to the risk of a workplace accident or construction accident, I think they would change their tune.

Car crashes into Times Square Sbarro during New York shoot of new Nicolas Cage film

A Ferrari crashed into the Times Square Sbarro early this morning while shooting a chase scene for Nicolas Cage's upcoming film, "The Sorcerer's Apprentice." The New York Post reports that two people were injured, though neither sustained serious injuries.

Although this was surely one of the more exotic car crashes in New York over the last few weeks, auto accidents happen all the time. While it is clearly best to avoid an auto accident, in the event that you find yourself involved in one it is important to contact a top auto accident attorney. New York has some of the busiest streets in the world, and even when no one is filming any chase scenes, they can be quite dangerous.

The car accident happened during a scene in which the Ferrari had to swerve through traffic chasing a Mercedes down Seventh Avenue, which was closed for the shoot. The Ferrari was driving in the middle lanes while the Mercedes was driving in the outer lane. While weaving between some "stunt taxis," the Ferrari took a hard right turn and lost control, swerving into a lamppost and newsstand before crashing into Sbarro's front door.

More than anything, this car accident validates the wisdom of scheduling these shoots early in the morning when pedestrian traffic is very light. Though car chases and other vehicular stunts are generally conducted at fairly slow speeds (usually 35 mph or slower), there is still a danger that the complex and risky maneuvers stunt drivers execute could go awry.

Long Island man dies in car crash, other driver high

Louis Spero, a 60-year-old man from Riverhead, New York, was killed earlier this week when another driver, Paul Nelson, rear-ended his truck after rapidly switching lanes, The Long Island Press reports. Mr. Spero was not wearing a seat belt and Mr. Nelson was allegedly high on PCP and other drugs.

The accident occurred as Mr. Nelson tried to correct a sudden move from the left lane to the right lane. As he tried to maneuver his vehicle back to the left lane he struck Mr. Spero's truck, causing a rear-end collision.

Mr. Spero was ejected from his truck and died shortly after. Mr. Nelson's vehicle rolled over and came to rest on the median. Authorities declared Mr. Spero dead at the scene and arrested Mr. Nelson on charges of possession of illegal drugs, driving under the influence of drugs and aggravated unlicensed operation.

Though Mr. Nelson clearly holds the bulk of the responsibility for the accident, Mr. Spero probably could have prevented his death by wearing a seat belt.

You would be hard pressed to find a New York auto accident attorney who would advise against wearing a seat belt at all times while in a moving vehicle. Thousands of people die needlessly each year in auto accidents in which a seat belt could have saved their lives.

Mr. Spero's family will likely seek out a New York auto accident attorney to seek compensation for their loss. Unfortunately, they would probably still have their family member with them if he had taken the simple precaution of buckling his seat belt.