New York Injury Talk Blog

On May 26, the U.S. Consumer Product Safety Commission (CPSC) announced the recall of approximately one million in-ground spa and swimming pool drain covers, produced by eight different manufacturers. This announcement coincides with the CPSC’s pool safety campaign, “Pool Safely: Steps Save Lives,” which began with a press conference in California, also on May 26.

The recall was initiated because the drain covers were incorrectly rated to handle the water flow through the cover. This increases the risk of entrapment and drowning, especially for children who may inadvertently fall into the pool or spa and not know how to swim. The affected pool and spa drain covers were manufactured by the following eight companies:

• A&A Manufacturing,
• Aqua Star Pool Products Inc.,
• Hayward Pool Products,
• Color Match Pool Fittings,
• Pentair Water Pool and Spa,
• Custom Molded Products,
• Rising Dragon USA, and
• Waterway Plastics.

All recalled drain covers, except for those manufactured by Pentair Water Pool and Spa, were sold through independent distributors to professional spa and swimming pool installers and builders from December 2008 through April 2011. Pentair manufactured drain covers were sold from June 2009 through April 2011.

All New York pool owners who own one of the recalled drain covers should contact the manufacturer as soon as possible so their defective drain cover may be replaced or retrofitted. For more information, consumers may call the CPSC Drain Cover Recall Hotline at 866-478-3521 or visit the Drain Cover Recall website at www.apsp.org/draincoverrecall.

Summer time is full of fun activities for the entire family, but a swimming pool or spa accident isn’t the way to welcome the season. If you or your loved one has been injured by a defective product in New York, you may be entitled to financial compensation for medical costs, lost wages, pain and suffering, as well as other losses. To find out more about your legal rights and options, contact the skilled Manhattan product liability attorneys of Wingate, Russotti & Shapiro for a free consultation at 1-212-222-4336.

A veteran Department of Transportation (DOT) worker was killed while repaving the Cross Island Parkway, according to New York Daily News. The fatal victim was crushed under the tires of an NYC DOT Mack Truck while he was directing the driver during construction near Northern Boulevard in Queens.

According to the article, the driver lost sight of the victim in the rearview mirror as he was reversing. The driver was determined to be unimpaired and not charged with any crime, though the victim’s family expressed concern over the careless actions of the driver and call for justice. In a statement to the press, the DOT Commissioner called the victim, who worked in the Roadway Repair and Maintenance Division, one of their best workers. His family is very grieved. Although New York workers’ compensation can provide benefits to the surviving family, it is of little comfort to those who have lost someone they loved.

According to the Bureau of Labor Statistics (BLS), 122 workers were killed in fatal New York work injury accidents in 2009. Of those:

• 53 were caused by transportation incidents,
• 20 involved contact with objects and equipment,
• 19 involved assaults and violent acts,
• 16 involved falls,
• 8 involved exposure to harmful environments or substances, and
• 6 involved fires or explosions.

Fatal work injuries in governmental organizations accounted for 16 of these fatalities.

Workers’ compensation can only repair part of the damage done by a fatal work injury in New York. If the workplace accident was caused by the negligence of another employee or an employer, the family of a fatal victim might pursue legal action for additional compensation with a wrongful death claim.

The compassionate Queens work injury lawyers at Wingate, Russotti & Shapiro can help you understand your legal rights if you have been injured or have lost a loved one in a workplace accident in New York. Our dedicated attorneys will examine the details of the situation to determine whether you have a valid claim and thus advise you on your legal options. Please call us for a free consultation today at 1-212-222-4336 so that we may answer any questions you may have.

A serious auto accident in Louisiana last week resulted in the hospitalization of a 22-year-old New York Giants running back, according to Fox Sports. The details of the injury accident are still under investigation; however, it is known that the Giant was a passenger in the car at the time of the incident and was admitted to the hospital’s Intensive Care Unit (ICU) with injuries to both of his knees. He has since been moved out of the ICU, but remains in the hospital.

The Giants’ agent remains positive about his recovery and emphasizes that his injuries were not life-threatening or career threatening. The man tweeted similar sentiments, as well as thanking his friends, family, and fans for their support.

This incident marks the second serious car crash involving a former Louisiana State University Tiger and the Giants. The first occurred last summer with a Giants safety. He was involved in a single-vehicle crash in New Orleans that almost resulted in the amputation of one of his legs. The safety is currently in rehabilitation and hopes to return next year.

New York auto accidents, whether they involve just one vehicle or multiple vehicles, can be devastating to both the victim and their family. Although it is possible to survive a car accident with only a few bumps and bruises, most injuries are more severe and often require intensive medical treatment and extensive rehabilitation. This can create undue financial hardships for the victim. If an injury car crash was caused by the negligence of another driver, however, a victim may be able to pursue compensation for their losses.

At Wingate, Russotti & Shapiro, LLP, we help injured auto accident victims in New York hold negligent parties accountable for medical costs, pain and suffering, time lost from work, as well as other damages. Our experienced car accident lawyers will answer all of your questions and determine whether or not your personal injury claim merits legal action. Contact us today at 1-212-222-4336 for a free consultation.

One of the most serious and life-altering New York accident injuries are brain injuries. They are often difficult to diagnose and can permanently affect a person’s ability to function, both physically and emotionally. The most common type of New York brain injury is traumatic brain injury, or TBI.

TBI is defined as trauma to the brain caused by an external force that alters brain function. Traumatic brain injuries occur after birth and so the term cannot be used to describe hereditary, congenital, or degenerative brain conditions. TBI does not always cause permanent loss of brain of brain functions. Their severity ranges from mild to moderate to severe, and can be caused by various types of events.

The U.S. Centers for Disease Control and Prevention (CDC) establishes the leading causes of brain injuries to be, in order of prevalence: 1) falls; 2) unknown; 3) motor vehicle accidents; 4) struck by or against; and 5) assault. New York brain injury accidents also occur in sporting events. Contact sports such as football increase the risks of a concussion or contusion. Concussions are the most common type of traumatic brain injury.

Immediate emergency care is vital to diagnosing and effectively treating New York traumatic brain injuries. If the brain injury is a mild concussion, the injured victim will likely be treated and released from an emergency department. However, more serious brain injuries may require extensive medical treatments, extended hospitalization, and ongoing rehabilitation. In extreme cases, a traumatic brain injury victim may fall into a coma, a minimally responsive state, or die.

The effects of a traumatic brain injury can be forever. This can be an extremely difficult time for a brain injury victim and their family, both financially and emotionally. It is especially difficult when a brain injury is caused by the negligence or recklessness of another person or entity. The compassionate Manhattan brain injury lawyers at Wingate, Russotti & Shapiro, LLP, have successfully helped brain injury victims and their families recover compensation for their losses from at-fault parties. To learn more about your legal rights, please call us today for a free consultation at 1-212-222-4336.

A Port Authority of New York and New Jersey (PATH) commuter train accident injured more than 30 people Sunday morning when it hit a rubberized barrier at the end of the line in Hoboken, NJ, according to The New York Times. Injured victims were treated onsite or transported to local hospitals for treatment; most suffered minor injuries such as bumps, bruises, and scrapes, but several more seriously injured victims were transported to Jersey City Medical Center. There were no life-threatening injuries.

The PATH NY to NJ train crash occurred on Track 2 of the station’s 3 tracks. The tracks remained out of service until Sunday evening, when one of the tracks was reopened. Although an investigation is still ongoing, an official believes that operator error may have been the cause of the train accident. According to one of its passengers, the train seemed to pull into the station at normal travelling speed as if no one was applying the brakes. The first car crushed a portion of the platform and collided with 3 turnstiles before stopping. Because the accident occurred at the end of the line, most of the injuries were caused as people had begun moving towards the doors to disembark.

A similar accident occurred in October 2009 when an NY-bound train overran its stop and crashed into a barricade, called a “bumping block,” at the end of the line in Manhattan. The Manhattan train accident also caused minor injuries.

New York train accidents can be caused by mechanical failure or malfunction, operator error or negligence, poorly maintained tracks, collision with another vehicle, or train or derailment. Derailment may also be caused by an accident. Whenever a train crash is caused by something within the control of the train operator or responsible company, such as applying the brakes or repairing dilapidated tracks, the operator and/or the company may be held responsible for the injuries their negligence caused.

At Wingate, Russotti and Shapiro, our knowledgeable New York train crash attorneys help injured victims hold negligent parties accountable for the financial and emotional losses they have suffered. To learn more about your legal rights and options, contact one of our experienced New York train accident lawyers today at 1-212-222-4336 for a free consultation.

If a New York resident under 65 years of age can no longer work any job due to a disability, they have the option of applying for Social Security disability benefits. To qualify for monthly Social Security Disability Income/Insurance (SSDI) benefits, a person has to have held an occupation covered by Social Security and have sustained a medical condition that the Social Security Administration (SSA) considers a disability. The SSA has very specific definitions for the aforementioned requirements, however, and attempting to understand every aspect of these requirements can become very difficult and burdensome. If you have become disabled and cannot work, speaking to an experienced New York Social Security Disability attorney can help you understand all requirements before applying for Social Security disability benefits in New York.

Before speaking with an attorney, however, it is important to have a basic knowledge of SSA defined qualifications to qualify for these benefits. According to the SSA website, a person may apply for SSDI benefits if they have a physical or mental condition that prevents them from working their current job, or any former occupation; their condition is expected to last at least 1 year, or result in death; they are under 65 years of age; and, generally, they have worked at least 5 out of the last 10 years as of the “start date” of the disability, although age affects the required years worked.

If your disability is the result of a workplace accident in New York, you may still file for workers’ compensation benefits; however, receiving workers’ compensation or other public disability benefits affect your Social Security disability benefits. The total of these benefits cannot exceed 80 percent of your average earnings before your disability.

The information provided here is unfortunately the tip of the iceberg as there are more specific qualifications to the aforementioned requirements. If you have become disabled and cannot earn a living, it is essential that you act immediately. You do not have the time to dissect the SSA’s requirements. The experienced New York Social Security disability lawyers at Wingate, Russotti & Shapiro understand the importance of being able to provide for yourself and your family. We can help you get the benefits you deserve when you need them. Call us today for a free consultation at 1-212-222-4336.

A bill, sponsored by Senator Carl L. Marcellino and co-sponsored by numerous others, that proposes to strengthen laws regarding cell phone use while driving was introduced to the New York legislature in January of this year. As of April 12, the bill was amended on its third reading, and today, the Senate is expected to act. According to ObserverToday.com, if the bill becomes law, it will allow law enforcement to more easily cite texting while driving violations, as well as help prevent serious New York traffic accidents.

The bill, S00998B, would make texting while driving a more severe violation in New York than it currently is. Texting while driving would be considered a primary violation as opposed to a secondary violation, as it stands now. This means that a driver may be cited for texting while driving in and of itself, without the citation of any other traffic violation. Currently, a New York driver may only be cited for texting if they were first cited for another violation. The basic premise of the bill is as follows:

“…no person shall operate a motor vehicle upon a public highway while…talking into, listening to, dialing, activating, deactivating or initiating any function of a hand-held mobile phone while the vehicle is in motion.”

Distracted driving, especially as a result of cell phone use, is considered to be negligence and is one of the primary causes of New York injury auto accidents. According to the National Highway Traffic Safety Administration (NHTSA), 20 percent of nationwide injury accidents in 2009 were caused by distracted driving. Cell phone use accounted for 18 percent of accident fatalities in the same year. Distracted drivers endanger other motorists and increase the risk of causing serious injury to themselves as well as others.

If you or a loved one has been injured in a car crash in New York that was caused by a distracted driver or other negligent party, the Manhattan car accident attorneys at Wingate, Russotti and Shapiro can help you recover financial compensation for medical bills, lost wages, pain and suffering, and other losses. To learn more, contact us today for a free consultation at 1-212-222-4336.