New York Injury Talk Blog

A pit bull attacked and bit a 4-year-old Rochester boy who was riding his bike in the neighborhood, according to this news report (). The child, whose name was not released, was reportedly bitten on the forehead. The boy was riding his bike with his uncle and when the two stopped at a house to speak with another man, the pit bull attacked the boy. The dog was on a leash tethered to the front porch and inside the home, but forced his way out, lunged at the toddler and mauled him.

The child was taken to an area hospital. His injuries were not life-threatening. The dog has been impounded by animal control officers and police investigators are also looking into whether the dog owner should face charges in connection with this dog attack. Apparently, this is the third time in three weeks in Rochester that a pit bull has attacked and injured an innocent bystander.

Each year in the United States, close to 5 million people are attacked and bitten by dogs, according to the U.S. Centers for Disease Control. About 1,000 people in this country visit the emergency room each day because of dog bit injuries. A majority of victims are infants and toddlers who are most vulnerable to these attacks because of their age and size.

Many cities and counties in the United States have their own dangerous or vicious dog laws. The laws dictate what dog owners’ responsibilities are and what steps he or she should take in the interest of public safety. A dog, that is known to be aggressive, must be kept restrained at all times. Some cities have specific legislations for certain breeds such as pit bulls and rottweilers, which are believed to be more aggressive and involved in more fatal attacks than other breeds.

If you or someone you love has been a victim of dog attack or dog bite injuries, please be informed that you have legal rights. Please contact a knowledgeable personal injury lawyer at Wingate, Russotti & Shapiro for a free consultation.

A Dodge Caravan rollover crash on the Interstate 380 killed three people and injured 10, according to a Times-Tribune news report. Killed in this horrific crash were Randolf Simmons, 24, Trisha Johnson and 2-year-old Dyshanque Boyd – all of New York City.

According to the news report, the following people were injured in this rollover accident:
Injured in the wreck were: Earl Weldon Sr., S. Main Ave., Scranton; Pauline Weldon, S. Main Ave., Scranton; Earl Weldon Jr., Madison Ave., Scranton; Diana Simmons, S. Main Ave., Scranton; and a 14-year-old female, a 13-year-old male, a 10-year-old male, and 8-year-old female, a 6-year-old male from New York City and a 9-month old infant.

Vehicle rollovers are believed to cause more than 10,000 auto accident deaths each year in the United States. The types of injuries that occur in vehicle rollovers are often catastrophic because of the impact of such a crash. Deaths could occur when the problem is worsened by automobile defects such as roof crush and/or seatbelt failure. Rollover cases are complex because they require an extensive knowledge of the law and familiarity with local judges. It also takes a resourceful law firm with the track record it takes to successfully fight against large auto makers. These cases also involve a variety of issues including product liability, insurance and driver negligence or error.

If you or someone you know has been a victim of a vehicle rollover accident, please call an experience auto accident attorney at Wingate, Russotti & Shapiro to discuss your case. We are ready to fight for your rights and we have to tools and legal strategies it takes to bring about a successful outcome.

Two girls, who were walking to school in Ozone Park, were injured after they were both struck by a hit-and-run driver, according to an ABC News report. The two victims, both seventh grade students, were hit as they were crossing Rockaway Boulevard near 98th Street. One 11-year-old girl was taken to an area hospital and is said to be in stable condition, but the other girl reportedly suffered less serious injuries.

Officials say they have a video of the pedestrian accident, which shows the two girls being dropped off in the middle of the block with the parents waiting on the curb. The girls began to cross the street when suddenly a black car ran directly into them. Police are describing the hit-and-run vehicle as a black Nissan Altima, either a 2007 or 2008 model, which is missing its side mirror.

It is indeed a relief that the two girls are recovering from their injuries and that both did not suffer major injuries in this Queens pedestrian accident. We hope the hit-and-run driver is apprehended and that he or she is prosecuted to the fullest extent of the law. The driver should also be held responsible for the accident and injuries caused to these two young girls.

If you or someone you love has been seriously injured in a New York auto or pedestrian accident, please call a truly experienced attorney at Wingate, Russotti & Shapiro for a free consultation. An auto accident is often costly for victims who have to deal with medical bills, cost of medication and in many cases, loss of wages. We will fight for your legal rights and help you obtain the compensation you rightfully deserve.

The parents of a 21-year-old man, who was killed two years ago when his Jeep fell off a 90-foot cliff at a Rockaway Township quarry, have filed a wrongful death lawsuit against the operator of the quarry and a restaurant where the man drank before the fatal accident occurred. According to an article in the Daily Record, Thomas and Barbara Schultz filed the lawsuit on behalf of their deceased son Matthew Quinn Schultz.

The couple alleges that the company Tilcon knew the Mt. Hope quarry site was dangerous and an “attractive nuisance” to trespassers and fun-seekers, but failed to install gates and secure the facility. The couple also named Charlie Brown’s Steakhouse as a defendant alleging that their son, who worked at the restaurant, became heavily intoxicated there after finishing his shift on the night of the accident. The lawsuit alleges negligence on the part of the defendants and seeks damages for loss of enjoyment of life and the pain and distress Schultz suffered before his death.

The New York wrongful death attorneys at Wingate, Russotti & Shapiro have handled wrongful death cases involving catastrophic auto accidents, medical malpractice and construction accidents. If you have lost loved ones as a result of someone’s negligence, then you have a right to file wrongful death lawsuit seeking compensation for your loss and expenses.

If you would like to find out if you have a case, please call an experienced New York wrongful death attorney at Wingate, Russotti & Shapiro for a free consultation. We will work hard to make sure you get the justice and compensation you rightfully deserve.

A female driver died in a chain reaction crash involving several vehicles on the Long Island Expressway, Newsday reports. The automobile crash was reportedly triggered by a driver who swerved as he changed lanes.

Police said George Spinelli, who was driving a Ford van west on the expressway near exit 49, moved from the right to the center lane and then moved back to the right as another vehicle moved to the center lane. As Spinelli swerved, he crashed into a Honda CR-V driven by Ligia Gomez of North Babylon. Gomez then slammed into a Saturn sedan driven by another woman, who suffered the fatal injuries in this auto accident.

This is clearly a tragic and unfortunate auto accident. But the families and heirs of auto accident victims have legal rights. If they believe the accident was caused because of someone’s negligence, then they have the right to sue that individual, business or government agency for the wrongful death of their loved one.

If you or someone you love has been severely injured or killed in a New York auto accident, please call an experienced NY auto accident attorney at Wingate, Russotti & Shapiro to discuss your rights and legal options. We will conduct a thorough and independent investigation of the auto accident and make sure that the negligent parties are held responsible for their actions.

A construction worker, who was severely injured in the Staten Island ferry accident on Oct. 15 2003, has agreed to a $1 million settlement with the city, the New York Daily News reports. According to the report, 68-year-old Lloyd Joseph had to stay five weeks in the hospital to recover from severe injuries he suffered when the Andrew J. Barberi vessel crashed into a concrete pier.

Lloyd suffered fractured vertebra and a collapsed lung. This settlement caps a costly week for the city. A jury turned in a $22.9 million verdict against the city and in favor of a paralyzed victim also injured in the Staten Island ferry crash. Jurors agreed that the city’s negligence caused the catastrophic crash. The city has also agreed to pay $2.5 million to the estate of a security guard who was killed in the same accident. The ferry slammed into a maintenance pier near the St. George Ferry Terminal in what many agree is one of the worst mass-transit disasters in history. Eleven people died and scores were injured.

This was a tragic New York workplace accident which involved not only innocent bystanders but also people who were on the job. The city should have settled with all the victims instead of taking the case to a jury trial. However, we are pleased that the victims received the justice and compensation they rightfully deserve.

If you or someone you love has been severely injured or killed in an accident, please call an experienced and knowledgeable New York personal injury lawyer at Wingate, Russotti & Shapiro L.L.P. to discuss your case.

Federal officials have slapped three contractors with fines totaling $313,000 for safety violations which they say led to the March 15 crane collapse on E. 51st Street that killed seven people. According to an article in the New York Daily News, officials from the Occupational Safety and Health Administration (OSHA) determined that a web sling used to haul parts of a large-sized crane ripped open causing the fatal construction accident.

The biggest portion of the penalty -- $210,000 – is to be paid by Rapetti Rigging of Massapequa, Long Island. This company has been accused of numerous infractions including failing to inspect the crucial web slings that set off the crane collapse. Two other contractors who paid the fines were Reliance Construction Group and Joy Contractors Inc. Among those who died in the fatal crane collapse accident were six workers and a woman in a nearby building.

Every year hundreds of crane operators and construction workers are catastrophically injured or killed on the job in construction site accidents or crane collapse accidents. These injuries and deaths occur in spite of state and federal regulations and industry standards which require owners, general contractors and sub-contractors to adopt and implement a variety of safety measures. Workers’ compensation benefits are by no means sufficient to fully compensate injured workers for all damages sustained as a result of their work-related accident.

A majority of crane related accidents in New York occur because of crane instability, lack of communication and lack of training. If you or a loved one has been involved in a crane accident in New York, please call Wingate, Russotti & Shapiro, L.L.P. to schedule a free consultation and find out more about your legal rights.

“The outbreak appears to be over,” a Centers for Disease Control and Prevention report released August 28th stated. “However, C.D.C. and state health departments are continuing to conduct surveillance for cases of infection with the outbreak strain.”

The New York Times reports the illness has apparently dissipated but questions still remain regarding the pathogen’s origins. Salmonella carrying suspects include Jalapeno peppers described as a “major vehicle”, Serrano peppers described as “also a vehicle”, and Tomatoes described at one time to be “possibly were a vehicle for infection, particularly early in the outbreak”. In a case control study Tomatoes were a vehicle for infection early in the outbreak particularly in the consumption of raw tomatoes. Studies found that relatively few people had eaten raw peppers before becoming sick while a large number of the ill did eat raw tomatoes prior to showing symptoms of e. coli bacterial infection. This supports the possibility of contamination of other produce items, including tomatoes, during growing, processing, or distribution.

Product Liability falls on the farms that grow, process, and distribute these produce. The Baltimore sun reports that “These findings indicate that additional measures are needed to enhance food safety and reduce illnesses from produce that is consumed raw,” the report said.

If you or a loved one have experienced any form of illness in New York after eating produce please contact the experienced New York Foodborne Illness Attorneys at Wingate, Russotti, & Shapiro who have been specializing in food poisoning cases for many years and have a proven success record. Please call 212-222-4336 for a free and confidential consultation.

The New York Times reported that the number of motorcyclist accident deaths jumped in 2007, with the region accounting for nearly one in eight motor vehicle deaths, government safety officials said on Thursday. Deaths of people in cars and trucks, on bicycles or on foot dropped by nearly 2,000 last year, pushing the overall death rate to a historic low. But deaths of motorcyclists surged 6.6 percent, to 5,154; 2007 was the 10th straight year of increase.

Experts say the trend is most likely to continue, as high gasoline prices will encourage some travelers to use their bikes more often. The average motorcycle gets 50 miles for the $4 gallon of gasoline instead of the 20 miles per gallon the average car travels.

“We have seen the total motorcycle participation in vehicle miles traveled go up,” said Mary E. Peters, the secretary of transportation and a longtime Harley-Davidson rider. “We might see more people moving to that mode of transportation,” Ms. Peters said. “We might see that data skew.”

Continue reading "New York Motorcycle Accident Deaths Rise Again" »

The New York Times reported Anthony Esposito, a construction worker, fell to his death 48 stories in New York City on September 4th. The NY construction accident took place at a work site at West 41st Street and 11th Avenue on the Far West Side of Manhattan where developer Larry A. Silverstein is building the Silver Towers.

Preliminary information stated that Anthony may have been involved with the “jump” of the crane. ‘Jumping’ is the process by which the giant machine is raised or lowered and requires the removal of bolts from its foundation. Fire Department Commader Anthony DeVita said that Esposito lost his footing on the walkway, which was attached to scaffolding about 48 floors up, while the crane was being maneuvered, but said that the accident appeared to be unrelated to the movement of the crane.

Work related accidents at construction sites have become a common occurrence recently in New York City, prompting city officials to pass several new reforms. New York’s city council was ironically preparing to pass three more bills related to worker safety regulations at construction sites the day the accident occurred.

If you or a loved one has been involved in an accident at a construction site in New York please contact the experienced New York Construction Accident Attorneys at Wingate, Russotti, & Shapiro who have been specializing in work related accidents at construction sites for many years and have a proven success record. Please call 212-222-4336 for a free and confidential consultation.