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Showing posts from October, 2019

Who Can Be Held Responsible for a Commercial Truck Wreck?

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While commercial truck accidents are statistically less frequent than average passenger vehicle collisions, these types of wrecks can be much more devastating to those involved. According to the Federal Highway Administration ( FHWA ), semi-trucks with attached trailers, such as big rigs or box trucks, can weigh as much as 80,000 pounds. Because of their sheer weight and size, commercial vehicles can often cause serious injuries, or even fatalities, during a collision. Additionally, legal action can be much more challenging to pursue in the event of these collisions. Unlike typical accidents between personally-owned vehicles, liable parties are not limited to just truck drivers. In fact, several other parties may be held responsible, including the truck driver’s employer. However, commercial truck companies are often well-equipped with experienced legal teams to aid the company in avoiding as much accountability as possible. Because of these factors, seeking legal action can be overw

The Impact of Sexual Assault on Survivors Is More Than Skin-Deep

Sexual assault is something that no one should ever have to experience. While physical trauma will heal, emotional and psychological trauma can linger for the remainder of an assault survivor’s lifetime. According to data from the National Sexual Violence Resource Center (NSVRC), “one in five women and one in seventy-one men will be raped at some point in their lives.” What’s even more alarming is that the vast majority of survivors report being assaulted by someone they knew. Researchers have estimated that the lifetime cost of rape per victim is $122,461. Unfortunately, some of this cost is paid for by the victim. In a study published by the American Journal of Public Health , researchers estimated that victims paid an average of $950 in medical bills for receiving treatment after their assault. This means that survivors do not only have to cope with heavy physical and emotional burdens but heavy financial burdens as well.   Unfortunately, many survivors never report being sexuall

New Video FAQ: What is your experience with preventive maintenance on railroads?

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Want to know more about how preventive maintenance could prevent railroad injuries? Learn more about our specific experience with these types of cases in this helpful FAQ video above. If you were hurt due to a lack of maintenance, contact one of our experienced railroad accident attorneys at (212) 779-0057.

Birth injuries: Which are the most common, and why do they occur?

Perhaps one of the most exciting things about being a new parent is becoming a new parent. Many women have described that giving birth is an experience unlike any other, filled with joy, happiness, and of course, a reasonable amount of pain. However, giving birth can be hazardous to the health of both mother and baby if the medical professionals attending the birth do not provide an adequate standard of care. Infants are extremely vulnerable during delivery, and in some tragic cases, the negligence of healthcare professionals can result in birth injuries that can have a lasting impact on the baby’s life and the lives of their family members.  Ten Most Commonly Reported Birth Injuries   According to a report from the Birth Injury Guide (BIG), 28 thousand babies are born with a birth injury per year — that equates to roughly 3 babies per hour. The ten most common types of birth injuries include: Brachial Plexus Palsy (Erb’s Palsy) – paralysis of the arm caused by injury to the ar

Exposure to Toxic Substances Cause Roughly 2.8 Million Worker Deaths Per Year

According to a report from the New York State Department of Health, a toxic substance can be defined as any substance that causes “harm [when it] enters or contacts the body.” Exposure to toxic substances can result in a number of long-term, life-threatening illnesses — and even fatality. In a 2018 study from the United Nations (UN), researchers estimated that one worker dies from toxic substance exposure every 30 seconds. On a global scale, this amounts to almost 2.8 million worker deaths per year. Despite the presence of clear laws outlining the obligation that employers have to maintain a reasonably safe work environment, many laborers are still routinely exposed to toxic substances that could have long-term negative effects on their health. According to the UN report, one of the most common illnesses that exposed workers develop is cancer, which amounts to approximately 70% of all diseases in the workplace. Some of the most common toxic substances that laborers are exposed to

Know Your Rights: When Can a Police Officer Go Too Far?

In 1989, the United States Supreme Court carried out a pivotal ruling on the use of excessive police force in the case of Graham v. Connor , 490 U.S. 386 (1989). This ruling stated that officers must be “objectively reasonable” in their use of force against citizens, where objectivity is determined from the perspective of a “reasonable officer.” There are many crucial factors for establishing liability in cases like these, including whether or not the suspect posed an immediate threat to the officer, the nature of the alleged crime, as well as the suspect’s attempts to resist or evade arrest. The presence of police officials should help communities feel safe. However, instances of excessive force from officers can induce severe anxiety in many citizens. According to a study on Mapping Police Violence, researchers estimated that police killed a total of 1,164 people in 2018. Additionally, researchers determined that Black citizens are three times more likely to meet deadly force than

Common Hazards on New York Subways

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New York City is home to one of the most extensive public transportation networks in North America. In an annual report from the Metropolitan Transit Authority (MTA), researchers estimated that the total ridership on New York City subways, buses, and railroads was approximately 2.56 billion in 2018. Unfortunately, this vast transit network also has an alarming number of fatal incidents. “In New York, we have more incidents of people on the tracks than anywhere else I’ve worked,” said Andy Byford, the Chief Executive Officer of the New York City Transit Authority in a 2018 interview with the New York Times (NYT). Byford has served as a chief transit official in cities such as London, Sydney, and Toronto. According to the NYT report , the number of incidents where someone was caught on the tracks or hit by a train amounted to roughly 900 in 2017. “It’s a real challenge, and it’s one of the many factors we need to tackle in this all-out push to improve the reliability of our service,”

How To Prevent Dog Bites

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In a report from the Center for Disease Control (CDC), researchers estimate that roughly 4.7 million Americans are bitten by dogs each year. Around 800,000 of those bites require medical attention. This means that every day, about 1 in 69 Americans are bitten. While this information can seem frightening, there are a few simple ways to reduce the likelihood of being bitten by a threatened or overly-playful dog.   Who Is At Risk? According to the CDC, children are statistically more likely to be bitten by dogs than adults are. While many parents believe that the majority of bites come from unfamiliar dogs, over half of the dog-bite injuries are from household dogs. Because small children are especially vulnerable, it is not advisable to let them play with a dog unsupervised. Prevention Here are a few small steps you can take to lower the risk of sustaining an injury from a dog bite: Before reaching out to pet someone else’s dog, ask for permission. Always allow a dog to see and s

Construction Accidents in New York State Have Increased by 39%

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According to the United States Department of Labor (USDL), construction work was named one of the most physically demanding types of labor in 2018. Workers are exposed to many on-site risks, including fall hazards, dangerous machinery, and chemical exposure. In fact, these risks are so alarmingly common that construction workers have some of the highest rates of illness and injury out of every occupation in America, according to the USDL. While New York City has experienced a 23% decrease in fatal injury rates for construction workers, the overall rate in New York State has increased by 39% within the past five years. This information was revealed in a 2019 report by the New York Committee for Occupational Safety and Health, which also states that OSHA fines against negligent employers for fatality cases continue to remain low. Gary Labarbera, NYTC Building & Construction Trades Council president, stated in a recent interview with CBS2 that “The past several years have been [a

What To Do If You’re In A Motorcycle Accident in New York

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Motorcycles are associated with a number of known risks in New York City. Riders have less physical protection, are more difficult for other drivers on the road to identify, and are operating more complex types of vehicles. According to a 2015 study from the Department of Transportation, the fatal collision rate for motorcycle riders in New York City is almost twice as much as in New York State. The most common type of collision resulting in the fatality of a motorcycle rider was one involving another vehicle. An average mid-size sedan can weigh roughly 3,350 pounds, while the average motorcycle weighs only 400 pounds. Because of these factors, even a seemingly minor collision for a mid-size sedan could result in devastating injuries for a motorcycle rider. While it is impossible to control how other drivers behave, here are a few simple safety measures that motorcyclists can follow to minimize risks on the road:   Carefully follow all traffic laws, and do not drive aggressively

Asbestos in New York: The Threat Still Exists

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When the mineral asbestos was used in the 19th century, it was lauded as one of the most versatile and cost-effective construction materials on the market. It was cheap, fire-resistant, acid-resistant, insulating, and more. According to the Environmental Protection Agency (EPA) , asbestos is also linked to causing various forms of life-threatening illnesses, such as mesothelioma, asbestosis, and lung cancer. It wasn’t until the late 1960s and early 1970’s that federal agencies began to regulate its production and usage. By that time, however, asbestos was already so deeply integrated within city and neighborhood infrastructure that it was impossible to completely remove it. As a result, the infrastructure of many cities all across the country still contain the cancer-causing material, where thousands of people are being unknowingly exposed on a daily basis. Additionally, asbestos is still used in some current-day construction materials. If proper engineering procedures are not follo

Video FAQ: Why do railroad workers have the shortest lifespan of any blue-collar worker?

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Want to know why railroad workers have some of the shortest life expectancies of any blue-collar worker? Watch our video above, and if you or a loved one were hurt in a railroad accident anywhere in New York, contact our experienced railroad accident attorneys to get the help you need and deserve.

Uber Accidents: The Cost of Convenience

For many people, using a ride-share application like Uber can be a much safer alternative to driving under the influence of alcohol. According to a 2017 study by Stonehill and Providence Colleges , the use of Uber has reduced DUI’s and alcohol-related accidents by as much as 62 percent in observed areas. However, those who use the ridesharing services or who share the road with Uber drivers are still at risk of being involved in severe and potentially fatal collisions. According to a 2016 report from the Taxi and Limousine Commission (TLC), Uber-affiliated vehicles were involved in 753 injury-causing accidents. Although a representative from Uber stated that this data was inaccurate, TLC spokesman Allan Fromberg stood by the organization’s studies.   “Measuring incidents solely by a vehicle’s base affiliation attribute incidents to Uber bases even when other services are dispatching drivers,” said Wing from Uber. However, Fromberg highlighted the importance of matching cars to bases,

School Bus Safety Week

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National School Bus Safety Week Highlights Student Transportation Safety Photo credit: National Association for Pupil Transportation The National Association for Pupil Transportation has designated this week as National School Bus Safety Week . This public awareness campaign takes place every year in October and this year’s theme is “My School Bus, the Safest Form of Student Transportation.” Although school buses are the safest form of student transportation, that doesn’t mean accidents don’t happen. According to a study conducted by the U.S. Department of Transportation, an annual average of 128 people were killed in accidents involving school buses from 2007 to 2016.  To help avoid the risks involved in contributing to these types of fatal bus accidents, here are some tips that parents can follow: Encourage your child to walk in groups, which are easier for bus drivers to identify Remind your child to practice good behavior while on the bus, as bus drivers may become distrac

Infant Sleeper Products Linked to Dozens of Deaths

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Photo credit: Consumer Reports Although infant sleepers are popular products that are regularly purchased by new parents, a Consumer Reports (CR) investigation has revealed that these products are associated with dozens of infant deaths. The Consumer Product Safety Commission (CPSC) recently revealed that certain types of sleepers were linked to at least 73 infant deaths, including non-rocking inclined products, in-bed sleepers, and hammock products that have now been recalled. While new parents may be drawn to the idea of in-bed infant sleepers, many pediatricians advise against their use. Roy Benaroch, a professor of pediatrics at Emory University in Atlanta, stated that “padding is a suffocation risk” in a recent report with CR. According to medical professionals, this is especially true for inclined infant sleepers, and sleepers that are intended for use within an adult bed. This is because the mobile nature of sleeper products can cause an infant to shift onto their stomachs

Halloween and Increased Child Pedestrian Fatality Rates

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According to a 2019 study by JAMA Pediatrics , Halloween is one of the most dangerous nights to be a pedestrian. In the United States, children are more than twice as likely to be involved in fatal car accidents as pedestrians, and the risk increases on Halloween as trick or treaters take to the streets. Research shows that from 1975 to 2016, a total of 608 pedestrians died on Halloween night. Children aged 12 to 15 are the most vulnerable subgroup, accounting for 32% of all child fatalities, while children aged 5 to 8 accounted for 23%. Many factors can contribute to the increased pedestrian fatality rates on Halloween night, including darker evenings, vision-impairing costumes, and negligent drivers. To remain safe this holiday, it’s extremely important to be aware of the potential risks your children might face, and how they can be avoided. 60% of fatal accidents occurred between the hours of 5 p.m. to 9 p.m. Almost 70% of these accidents took place in the middle of the road when

Construction Safety: Six Initiatives that Companies Should Not Ignore

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When it comes to safety on the job site, construction company owners, managers, and employees must focus on safety to protect themselves, other employees, and potentially passersby from harm. When companies fail to focus on safety, severe injury accidents or fatal incidents can and do occur. While  equipment and protective gear can help, actual safety starts with the company’s culture  Six vital initiatives that construction company managers should not ignore are: Make Safety a Primary Priority — The Occupational Safety and Health Administration (OSHA) notes that possible hazards for workers in the construction industry include falls from heights, trench collapses, scaffold collapses, electric shock, failure to use personal protective equipment, and repetitive motion injuries. Employers need to make sure scaffolding is erected properly, fall protection is in place, protective systems are in place for trenches, and all workers are equipped with necessary personal protective equipme

Nursing Homes Cited for Unsafe Food Handling Practices

According to the Centers for Disease Control and Prevention (CDC), there were 230 reported food-related illness outbreaks in nursing homes from 1998-2017, resulting in 7,648 reported illnesses by residents. Of that number, 532 residents were hospitalized and 54 died as a result of food-borne illness. In 2018, unsafe food handling was the third most common citation issued to nursing homes in the U.S., behind lack of infection prevention and injuries caused by a lack of supervision, hazards, or devices. In fact, 33% of all nursing homes were cited for violations concerning food safety last year. One of the largest organizations in the U.S., Genesis Healthcare, which operates more than 400 homes in 30 states, received violations at nearly half of its facilities. Commonly-Cited Food Safety Hazards at Nursing Homes Some of the most frequent food safety citations at nursing homes include: Employees failing to wash hands before handling food Cockroach infestations Mouse droppings in c

Salem Legionnaires Disease Outbreak

The Salem Board of Health has confirmed two cases of Legionnaires’ disease at the Pequot Highlands apartment complex. The Salem Board of Health notified the management of apartment complex earlier this week and according to a spokesman from the complex, outside company’s testing of Legionnaires in the building also came back positive. Here’s what you need to know about this Salem Legionnaires Disease Outbreak: Residents were asked to vacate the apartments, if they could and if they chose to stay they were asked to keep precautions like not fill up the tub or sink very fast or take any showers so as to avoid water vapor.  Legionnaires is a severe form of pneumonia that affects the lungs. It spreads when a person breathes in a mist or water vapor contaminated with legionella bacteria. Not everyone who breathes in the contaminated mist will get sick but some will.  The apartment complex is hoping that they will be able to treat the water system by Sunday. The authorities started the

October is Window Covering Safety Month

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Poster courtesy of the CPSC. October is Window Covering Safety Month, according to the United States Consumer Product Safety Commission (CPSC) . This campaign aims to promote awareness about the dangers that window covering cords can pose to children, particularly infants and toddlers. According to the CPSC, from 2012 to 2017, there were 50 fatalities reported that directly related to strangulation of children by window covering cords. The commission recommends that all parents replace corded window coverings with cordless versions, but if you are unable to do so, the following recommendations were also made: Ensure that pull cords are as short as possible Keep all cords out of reach of children Move beds, cribs, and all furniture away from windows and window cords Check that cord stops are installed correctly Adjust all cord stops to limit movement of the lift cords inside Permanently anchor continuous loop cords on vertical blinds and drapes to the nearest wall As of Dec

Negligent Truck Maintenance

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Improper Truck Maintenance New York ranked among the ten states with the highest average of fatal truck crashes from 2014-2106, according to the Federal Motor Carrier Safety Association (FMCSA) . While trucking accidents can happen for a wide variety of reasons, one of the most concerning for others on the road is improper maintenance. Truck drivers, trucking companies, and the third-party maintenance companies they hire all have a responsibility to ensure that these large, heavy vehicles and their systems are in proper working order before allowing them to hit the road. A simple inspection is often the difference between a safe trip and a severe injury or fatal tractor-trailer accident.   Some of the most common causes of accidents caused by improper maintenance include:  Brake failure Tire blowouts Headlight failures and broken taillights Defective fifth-wheel couplings Faulty mirrors Steering malfunction Lack of reflective tape Trucking companies are required by FMCSA r

Raw Pet Food Danger to Humans

We all want what is best for our furry friends, myself included. We lost several animals in the last year and that is always a hard pill to swallow, especially when they are members of the family. We make choices on the medical care, how they live within our homes and one of the biggest things: what to feed them. Read on to learn the real raw pet food danger. In my many years of animal ownership we have dealt with many dietary restrictions, digestive issues and even issues that involved me making a rice mixture with cooked chicken to settle an upset stomach, especially when we had German Shepherds who are known for stomach upset. Lately the internet has been full of articles, recipes, etc of people raw feeding their pets. While this is the newest “trend” in internet world it isn’t exactly the best option for humans. Why? Well handling anything raw is definitely not the best choice. Most pet owners do not think feeding their animals with raw food increases infection risk, according t

Boo! Food Safety This Halloween

Like the dark figure creeping out of your closet, Halloween is approaching. As a horror writer, Halloween is one of my favorite holidays (the whole month is actually) because of kids dressing up, scary movies, and candy. Yes, now that I am older the candy doesn’t have such a hold on me but I still enjoy the occasional peanut butter cup or caramel apple. But, also being a food safety writer, my favorite time of year and topic have come together today. Let’s talk about Halloween Food Safety. As responsible adults, it is now our job to worry less about the candy and more about the safety aspect of parties, food, and children. I’m not trying to spoil all the fun but this year lets plan on being more proactive when it comes to food safety. How you might ask? In this time together, let’s look at trick-or-treating safety, focus on food safety issues surrounding this holiday, and finish up with some tips to keep October 31st more enjoyable for us all. When I was young, trick-or-treat was s

Crock Pot Food Safety

With the recent popularity of the show This is Us on the NBC Network many people were scared enough to totally throw their Crock Pot in the trash and never look back. While yes that was a freak accident and it is obviously a television show so I kept on cooking. And here’s my take on Crock Pot Food Safety. Whether you call it a crock pot or a slow cooker (I will use the term crock pot in the post because while yes it is a brand, it is also what I am most familiar with) there are always food safety tips to follow when cooking up your favorite meals. This is the opposite of our friend the Instant Pot . There are also myths that have been passed on from our parents and even grandparents that we want to make sure are debunked. There are so many resources on the internet for cooking in a crock pot but we stuck to credible ones such as the University of Minnesota Extension . Is a slow cooker a safe way to cook food? Yes, if you use them correctly. The slow cooker cooks foods slowly at a

4th Person Dies of Legionnaires Disease in North Carolina

A fourth person has died as the extent of Legionnaires disease outbreak in North Carolina escalates . There have been 141 confirmed Legionnaires cases until now as a result of the outbreak in 19 North Carolina counties and ‘multiple states’. In addition to 4 deaths, 94 people have been hospitalized in this North Carolina Legionnaires Outbreak.  North Carolina Department of Health and Human Services have confirmed the cases are reported among people who attended North Carolina Mountain State Fair in Fletcher, North Carolina. The fair was held between September 6 – 15 at Western North Carolina Agricultural Center in Fletcher.  Investigation and source:   Source of the outbreak has been linked to hot tubs display in one of the events center. According to the officials, the display took place during the last five days of the fair. Preliminary report suggests that people who contracted Legionnaires at the fair likely visited the Davis Event Center and are even more likely to have wal