New York Injury Talk Blog

According to a NY Times report, people received minor injuries after a bucket that was being lifted by a crane fell, breaking glass windows as it toppled along side of the building. The injured were treated for cuts and abrasions from the debris at a nearby hospital. The bucket, which was being used to hold debris from the construction site was knocked over when a crane that was being used to carry supplies to the upper floors accidently came in contact with it. After the New York Construction Accident, engineers conducted tests to determine the crane’s stability.

These types of NY scaffolding accidents are not at all uncommon and have almost become a part of daily life in the city we live in. The article states that the crane “accidentally knocked” the bucket off of the scaffolding. Despite the characterization of the event as an accident, I would be concerned with the potential negligent operation of the crane and the proper fastening of the bucket. Questions regarding the expertise of the crane operator should also be asked in New York Construction accidents such as this one. How long had the crane operator been on the job? Did the crane operator have a previous history of similar mishaps? Had the company addressed those concerns? Was the operator in the right state of mind during the occurrence?

Continue reading "Construction Accident Involving Bucket Injures Workers, Bystanders" »

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Posted In: Construction Accident

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A story in the NY Times details the story of 2 pit-bulls that attacked a 90 year old man at his home. The man sustained severe bite wounds to his arms and legs and was taken to the emergency room where the police said he was in critical condition. Authorities are uncertain as to how the attack occurred. The dogs were later put down by the Animal Care and Control. The dog owner was taken into police custody. Authorities have yet to determine if the dog owner had proper licenses and vaccinations for the dogs.

The inherent dangers of vicious dog attacks, especially by pit-bulls are well documented. In this instance, we are presented with several issues that must be addressed. Generally, an owner can be strictly liable for injuries caused by wild animals, as long as the person who was injured did nothing to bring about the injuries. In cases like this one, we must determine if pitbulls can be characterized as “wild animals.” If the pitbull is considered a wild animal, then the owner would be strictly liable regardless of any steps he may have taken to prevent the attack. Questions like if the owner of the pitbull knew that it possessed dangerous propensities or if the dog owner failed to properly secure the dogs against attacks on individuals will go a long way in determining negligence in this case. It is when an owner fails to exercise reasonable care when he knew that the backyards were adjoining and he had a potentially vicious animal on his hands.

Continue reading "Staten Island Dog Attack Leaves Man Injured" »

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Posted In: Dog Bites

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Riders at a subway station were evacuated after being exposed to fumes and smoke from an escalator during the morning hours of their commute according to a New York Times article. Authorities investigating the event indicated that the cause appeared to be a burning motor from the escalator at the subway station. Victims compared the odor of the fumes to propane gas and, in some cases, reported difficulty breathing.

Mass incidents like this one can be very dangerous and in some cases lead to serious New York subway accidents. With so many people being adversely affected by an unknown agent, confusion and panic can quickly make a bad situation worse. This accident reportedly occurred during peak morning commute hours and it was not immediately clear from the reports if the smoke inhalation caused any serious medical complications. In many instances, the damage done by foreign agents isn’t immediately visible. It is only after a careful, full medical examination that all of the symptoms and effects come to light.

The family members who were affected by the defective escalator’s motor, would be wise to contact a NY Subway accident attorney to aid in the investigation of the cause and seriousness of this mishap. Questions like what led to the malfunctioning of the escalator’s motor and whether the operators of the subway made reasonable, timely inspections are the types of issues best left to the expertise of New York Subway Accident lawyers like the ones at Wingate, Russotti, and Shaprio. Owners have a duty to perform inspections that are frequently attended by invitees or licensees. It is important to determine the dates of their last inspections (or frequency) in order to assess the extent of their liability. Ultimately, the extent of the injuries suffered by the passengers is a major variable in this case. Although the article reports that passengers suffered minor injuries, the young or elderly might be at greater risk for health complications.

Continue reading "NY Subway Commuters Evacuated After Being Subjected To Fumes, Smoke" »

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Posted In: Subway Accidents

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According to a NY Times report, a dump truck hit a pedestrian footbridge injuring the driver. The incident occurred after the driver triggered the truck’s hydraulic switch that raises the back of the truck. The bridge, which is maintained by state authorities, collapsed after the NY Dump Truck Accident.

Hopefully the driver is able to recover from his injuries quickly. At a first glance, it appears that the truck may not have been equipped with proper protective devices to prevent accidental triggers of the hydraulic system. A simple glass shield or other least costly protective measure may have done the trick. Moreover, I am also concerned with the extent the bridge contained warnings signs of its height. Was the trucker alerted that the bridge posed a dangerous condition unknown to him considering it was in the late night hours?

Also, whether the bridge was properly built to withstand collisions like this one is a question that needs to be asked. Did the bridge meet transportation safety standards? The article states that the collision occurred around 2:06 in morning. Again, was the driver alerted that the bridge overpass may have been too low for his truck. I am not suggesting the driver deliberately touched the hydraulic mechanism, however, a potential comparative liability might arise with the City for its failure to have warning signs. It is not clear from the report if the driver was able to see the overpass. As such if the truck was negligently manufactured the driver might have a potential NY products liability claim against the manufacturer of truck. Also, a potential claim might arise against the state officials for their failure adequately install warning signs at the overpass to alert truck drivers. If the city is found liable, then they will have to pay for damages incurred by the driver. Such damages may include for hospital stay, loss wages, pain and suffering.

If you or a loved one has been seriously injured or fatally injured in a truck accident, the New York auto accident attorneys at Wingate, Russotti & Shapiro, L.L.P., would like to meet with you. Please call our office at 212-986-7353 to set up an appointment to discuss your case.

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Posted In: Truck Accidents

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