New York Injury Talk Blog

As the Fourth of July holiday approaches, many people begin to plan their family celebrations. For most, that includes enjoying a fireworks display. In the state of New York, revelers who wish to see fireworks should go to a professional show as all consumer fireworks are banned.

Fireworks are dangerous, even in the best of circumstances, and are classified as a hazardous substance under the Federal Hazardous Substances Act. In 2008, seven people died and approximately 7,000 people were treated in emergency departments for fireworks-related injuries across the U.S. Here are just a few examples of the dangers of fireworks:

• A 34 year old man lit an M-80 while holding it. It exploded in his hand, blowing off his index finger. He is not expected to regain full use of his hand.
• A 26 year old male lit a firework designed to shoot into the air. The device tipped over and shot out the back of the tube, hitting the man in the groin. He suffered cuts to the area.
• A 3 year old girl was standing nearby a group that was lighting fireworks when one of the devices unexpectedly flew toward her and set her clothes on fire. She sustained first degree burns to her legs.

As these examples demonstrate, using consumer fireworks can cause serious accidents and burn injuries. Although fireworks are prohibited in New York, some people may purchase them illegally and set them off. If you or someone you love is injured by the illegal and negligent use of fireworks, the experienced New York burn injury attorneys at Wingate, Russotti & Shapiro can help you hold negligent parties responsible. Call us at 212-222-4336 for a free case evaluation.

According to an article in The New York Times, a pedestrian was hit and killed by an SUV in Brooklyn on June 16. The pedestrian was a 91-year-old man who was crossing the street at an intersection when a Nissan Pathfinder made a right turn and struck him. According to police, the driver of the Pathfinder fled the scene.

Authorities say that moments after the initial crash, a second vehicle ran over the man as he lay in the street. The driver of the second car stopped and called for help. The man was taken by paramedics to a nearby hospital where he was pronounced dead. Police are still looking for the driver of the Pathfinder.

According to the National Highway Traffic Safety Administration (NHTSA) 4,092 pedestrians were killed in traffic crashes in the U.S. in 2009 (the most recent year for which statistics are available). In that same year, 72 percent of pedestrian deaths occurred in urban settings. Of pedestrian fatalities, 775 or 19 percent were people age 65 or older.

When a car strikes a pedestrian, the resulting injuries are often catastrophic, if not fatal. Hit-and-run drivers who cause injury or death to pedestrians due a huge disservice to their community and will most likely be found by authorities after an investigation is conducted.

The Brooklyn pedestrian accident attorneys at Wingate, Russotti and Shapiro, LLP can help you get compensation you may be entitled to after an accident caused by another person’s negligence. If you or a loved one has been injured or killed in a pedestrian accident, call our New York pedestrian accident lawyers today for a free consultation at 212-222-4336.

Mazda is recalling some model year 2008 and 2009 Mazda3 and MazdaSpeed3 vehicles manufactured between January 7, 2008 and November 28, 2008. There are approximately 103,300 vehicles worldwide that could be affected by the recall. The recall is due to a defect in the windshield wiper motor. The ground terminal of the motor may have been bent accidently during assembly. This would cause the electrical resistance of the motor circuit to increase to a point where the windshield wipers would no longer function. Not having working windshield wipers could pose a hazard to drivers in inclement weather and might increase the risk of a crash.

Complaints about the windshield wipers began in late 2009 but Mazda decided that no action was necessary at the time and that they would keep an eye on the problem. This month, Mazda issued a recall because of an “increase in frequency of the occurrences.” Through the end of May there have been 132 reports of the problem worldwide. There have been no injuries reported so far.

Consumers will be notified by July 15 if their vehicle is part of the recall. Owners will be able to take their car to a dealer to have an additional ground harness installed on the wiper motor for free. For more information, contact the Mazda customer assistance center at 1-800-222-5500.

Vehicle manufacturers are responsible for making sure that their vehicles meet safety standards and are free of dangerous defects. If you or someone you love has been injured or killed by a defective vehicle or auto product, our skilled New York City automotive defect attorneys at Wingate, Russotti & Shapiro have the experience and knowledge to help you get the compensation you may be entitled to. Call us for a free consultation at 212-222-4336 today.

“I’m happy [about the verdict] but I’d give every dime back to walk,” says a Staten Island man who recently won a multimillion-dollar medical malpractice suit. According to a story on silive.com, following a health episode in 2006, the man was taken to the hospital where he required sedation and intubation. His doctors diagnosed him with encephalopathy, meaning brain dysfunction. The man was already suffering from several other health issues before being hospitalized, including obesity, hypertension, high cholesterol, diabetes, and gall stones.

Several days after being admitted to the hospital, the man developed severe bedsores. The bedsores worsened and appeared on more parts of the man’s body, requiring surgery in some cases to remove dead and infected tissue. Over the next year, the man was moved back and forth between the hospital and a nursing home. At one point, during a visit to the hospital for treatment of a bedsore, it was found that the man had developed osteomyelitis, an acute or chronic bone infection, in his right hip. The man’s hip is now dislocated and he must use a wheelchair but he cannot have surgery to repair the hip because of the infection, says his lawyer.

The man sued the hospital, claiming that improper treatment of his bedsores led to the infection and dislocation. The man was awarded $5.4 million dollars by the New York state Supreme Court, 75 percent of which will come from the hospital, which was found partially liable for the man’s injuries.

If you or someone you love has been injured or killed in Staten Island as a result of negligence by a hospital or its staff, the Staten Island medical malpractice attorneys at Wingate, Russotti and Shapiro, LLP can help you. Call today at 212-986-7353 to set up an appointment to speak with our experienced New York hospital negligence lawyers.

On June 22, 2010 a New York sixth grader tragically drowned on a school field trip to a Long Island beach. Although the student did not know how to swim, she was allowed to go in the water where she was caught in a riptide and drowned. Posted signs warned that there was no lifeguard on duty that day and the group of 24 students was being supervised by only three adults, just one of whom was a certificated teacher at the school.

In response to the unfortunate incident, The New York Times reports that the city launched an investigation and now, one year later, the New York City schools chancellor has issued new regulations regarding field trips. Chancellor Dennis M. Walcott wanted to tighten the rules saying that, “While we can never change history, we can take action to prevent future tragedies”.

The new regulations require that four adults are present on school trips that involve swimming and that a lifeguard is on duty. In addition, students must wear life vests when participating in school-related water activities, including boating and tubing. As an added measure, the school involved in the incident is now testing all students for swimming competency at the beginning of the school year and offering lessons to those that need them. Another proviso in the new regulations is that permission slips must be issued for every trip and any risks must be disclosed to parents.

As the weather warms up and end-of-the-year field trips approach, it is important to keep swimming safety in mind. If you or your loved one has been injured in a New York near-drowning accident, you may be entitled to compensation. Call the New York swimming pool accident lawyers at Wingate, Russotti & Shapiro for a free consultation at 1-212-222-4336.

The New York Times recently published a report about an ongoing investigation they have been conducting on several state institutions in New York that care for the developmentally disabled—people affected by conditions such as cerebral palsy, autism, and Down syndrome. The investigation reveals numerous cases where institutions knowingly hired unqualified employees, ignored complaints by concerned workers, and failed to examine allegations of abuse and neglect. There are nine of these types of institutions in New York and since 2005, seven of them have failed inspections by the State Health Department and one was closed down entirely. As a result of the Times investigation, Gov. Andrew M. Cuomo demanded the resignation of the commissioner of the Office for People With Developmental Disabilities, the administration that runs the institutions.

In a particularly heart-breaking story, a 13-year-old autistic boy was crushed and suffocated in the back of a van while being improperly restrained by an employee of one of the institutions. The employee had a previous criminal record and been working for 15 straight days without a day off when the incident occurred. The driver of the van, who did nothing to help the boy, had been fired from four different care facilities before being hired at this particular institution. The employee was later convicted of manslaughter and the driver pleaded guilty to criminally negligent homicide.

The families of disabled individuals trust the institutions that care for their loved ones to provide a safe and healthy environment. Unfortunately, abuse and neglect can happen in any New York assisted living facility. If you believe that your loved one is being abused or neglected, call the experienced New York personal injury lawyers at Wingate, Russotti & Shapiro today at 1-212-222-4336.

Summertime usually means time for a vacation and for 10 million Americans, that vacation includes a cruise. While many associate cruising with an all-inclusive extravaganza of relaxation and eating, it is important to keep your personal safety at the forefront of your cruising plans. Here are some tips for a safer cruise for New Yorkers:

Check the ship’s report card: The Centers for Disease Control and Prevention (CDC) issue report cards for vessels based on cleanliness, repair, food preparation and storage, water quality, hygiene, and pest management. Check the score before you book to make sure the ship has passed inspection.

Be on alert: Even though the environment feels relaxed, use the same common sense you would in the city. Avoid secluded or dark places, stay away from volatile situations and keep an eye on your drink.

Safeguard your valuables: Don’t bring high value items on the cruise to begin with. Use the safe in your cabin to store jewelry and pocket money.

Don’t forget food and drink safety: Check foods for ingredients that you may be allergic to. Make sure that meat and eggs are cooked thoroughly. If you are suspicious of something, don’t be afraid to send it back or ask for something else. Alcohol can impair your judgment, so enjoy in moderation.

Be careful when gambling: If you are a lucky winner, ask for an escort and keep your winnings in the safe. Resist the temptation to celebrate or throw your new-found money around as it will draw unwanted attention to you.

Even with these safety tips in mind, dangerous events can still happen while on a cruise due to various forms of negligence and reckless behavior. If you or a loved one has experienced an accident on a cruise ship due to another person’s negligence, contact the experienced New York cruise ship injury lawyers of Wingate, Rusotti and Shapiro at 212-222-4336.

The summer months have hardly begun but the statistics related to drowning and near-drowning incidents released by the Consumer Product Safety Commission (CPSC) are staggering. In the first five months of 2011, there have already been 55 drowning and 63 near-drowning incidents across 29 U.S. states and territories. Even more disturbing is the news that in each year from 2006-2008, there were an estimated average of 383 pool and spa-related drownings for children younger than 15, 76 percent of which were children under the age of five. CPSC Chairman Inez M. Tenenbaum and U.S. Olympic swimmer Janet Evans held a press conference to remind parents and children to be careful in and around pools and spas this swimming season. Chairman Tenenbaum reminds the public that “the number of drownings and near-drownings involving children under five [is] still a serious public health issue”.

Recently, the CPSC announced a recall of roughly 1 million pool and in-ground spa drain covers that pose an entrapment risk. These drain covers were not rated to accommodate the flow of water through the cover, causing too much suction and creating a situation where swimmers, especially young children who are not strong swimmers, may become stuck and be at risk of drowning. While no drownings or injuries have been reported in connection with the recalled pool drain covers, it serves as a reminder of the importance of vigilance in and around pools and spas.

A pool or spa-related accident is a traumatic incident for all involved. If you or a loved one has been involved in such an incident, the owner or manager of the pool may be legally responsible. Call the New York drowning accident attorneys at Wingate, Rusotti and Shapiro at 212-222-4336 for a free consultation.