New York Injury Talk Blog

A huge cause of accidents in both New York City and New York State are slip and falls. Because of the dense, somewhat chaotic, and unpredictable environment in cities, individuals must be especially careful in these environments. But really all it takes is a negligent property or business owner anywhere that is open to consumer traffic. Just recently, an elderly woman filed one of these suits against Walmart for slipping and falling on a spilled beverage that was left on the floor by the staff.

U.S. tort law identifies slip and fall cases as involving an individual that slips (or trips) and has an accident that would not have happened without the property or business owner’s neglect.

Frequent factors that produce these kinds of incidents that may justify New York premises liability on the part of the owner include:

• Spills or wet floors: If there is any kind of liquid or slippery agent on floors, customers must be adequately warned by the business in the form of signage and barriers around the hazardous zone.
• Crooked or irregular walking surfaces: This may cause a consumer accident when unlabeled.
• Treacherous steps: The owner must restore any dangerous steps to safe condition or rope them off out of service until fixed.
• Job injury: Too often a danger is overlooked in the workplace that results in injury due to a slip and fall accident that could have been prevented.

However, it’s not easy to prove property or business owner neglect in these kinds of cases. Make sure you have professional legal guidance to be certain your rights are properly protected and adequate compensation is pursued. If you’ve been injured in a slip and fall accident that you think was caused by a negligent business or property owner, call 212-986-7353 to speak with a Manhattan slip and fall attorney with Wingate, Rusotti & Shapiro, LLP.

Whether it is on the road or the trail, bicyclists in New York need to know about two big recalls affecting the current market. In a September 22 release by the U.S. Consumer Product Safety Commission (CPSC), more than 100,000 bicycles have been recalled by two companies: the largest recall was for Bridgeway International, Inc. and the other for bike giant Specialized Bicycle Components.

Naples, Florida-based company Bridgeway recalled approximately 91,000 bikes due to a faulty chain that can split, potentially resulting in a loss of steering control that can lead to a crash. The bike maker has received eleven reports of accidents, according to the CPSC, with nine resulting in injuries detailed as “lacerations and bruises.” The bikes were made in China.

For Morgan Hill, California’s Specialized, the recall consisted of around 14,200 bikes. The problem was the result of a faulty “carbon fork” piece manufactured by a Taiwanese company named Advance Group. The flaw becomes dangerous when part of the fork dislodges, which can cause it to make contact with the wheel spokes while they are rotating, creating a hazardous fall scenario. At present, Specialized has reported two accounts of accidents, according to CPSC, though there haven’t been any injuries reported.

CPSC has ordered consumers to stop using the bikes immediately and contact each company directly for instructions regarding repair or refund. Unfortunately, problems with dangerous products don’t end once they’re recalled because it takes significant time for the news to reach the greater customer base, and often it doesn’t reach everyone. Have you been injured in a bicycle accident that you believe was the fault of manufacturing defects? Contact the New York dangerous product lawyers with Wingate, Rusotti & Shapiro, LLP. Call 212-986-7353 for a free case review today.

With the exception of a few particular clauses, bicyclists in New York are governed by the same traffic laws as different vehicle drivers. The following are a few rules to remember as issued by the New York State Department of Transportation (NYSDOT).

• Bicyclists are expected to adhere to all traffic signs and lights. Riders are required to properly gesture when making a turn, regardless of whether or not the terrain is a designated bike path or lane or a common roadway. Motorists are required to apply the same rules as they would for other vehicles on the road (with respect to turning, yielding, etc, as well as additional caution due to the vulnerable nature of bicycle riders.)
• Riders who break traffic laws can be issued tickets. If the rider is a minor, parents may be held accountable for violations.
• Bicycle riders can legally ride on the majority of public roads. However, they are not allowed on expressways, interstate highways and other large designated thoroughfares. It’s best to research or inquire if there’s doubt regarding a particular stretch of road.
• For the most part, bicyclists are required to stay off pedestrian sidewalks. This is determined by local municipalities though, and some do allow children to ride on sidewalks. As a good rule of thumb, its best stay off sidewalks due to safety hazards, regardless of the law restrictions.
• Bike riders are required to ride in the direction the traffic is moving. Riders moving in opposition to traffic is the leading cause of bike accidents on the road. Riding with the flow of cars gives bikers added visibility, makes maneuvers easier to anticipate and gives motor vehicle drivers more time to react.

If you’ve been injured in a highway accident involving a bicyclist that you believe to be the fault of the other party, contact the New York bicycle accident lawyers with Wingate, Rusotti & Shapiro, LLP at 212-986-7353 to speak with an attorney today.

After a continuing rash of damaging fires, which is said to have resulted in over one million dollars in damage to property, the U.S. Consumer Product Safety Commission (CPSC) has reissued a former recall of approximately 98,000 of the tech giant LG’s Comfort Aire and Goldstar dehumidifiers. The units were initially recalled in December of 2009 after causing 11 accidents, four of which were serious fires.

Since the first recall, 16 more fire accidents have been reported to LG and the CPSC; nine of those fires were categorized as serious. According to the CPSC, no injuries have been reported but due to the critical nature of the warnings, both the company and the agency are worried about the public’s awareness, or lack thereof, towards the dangerous issue, as the accidents have not only continued since the recall but increased. A mere two percent of the total 98,000 users affected by the recall returned the unit for a complimentary repair, leaving 98 percent of the products unaccounted for and potentially endangering lives and properties.

The CPSC lists some of the damaged residence locations and their approximate damage amount as:

• Gibsonia, PA ($500,000);
• New Brighton, MN ($200,000);
• Hudson, MA ($183,000);
• Valparaiso, IN ($192,000);
• Salem, OH ($139,000);
• Brielle, NJ ($129,000); and
• Philadelphia, PA ($95,000).

The units were sold at many retail locations across the country, including but not limited to Do It Best, Ace Hardware, Walmart, Home Depot and Orgill Inc. between January 2007 and June 2008. The dehumidifiers were made in China. The CPSC and LG strongly implore users to stop usage at once, remove the unit’s plug from the wall and contact LG’s customer support for more information.

This recall illustrates the insidious nature of defective and dangerous products, the continuing period of time that it takes to purge the tainted product inventory and the strong need for consumer awareness and vigilance. Have you been injured by a defective or dangerous product in New York? Call 212-986-7353 for a free consultation from the New York dangerous product attorneys with Wingate, Rusotti & Shapiro, LLP.

In another step in the nationwide fight against distracted driving, the National Transportation Safety Board (NTSB) proposed banning the operation of cell phones by commercial vehicle drivers, with the exception of emergency situations. The current law only outlaws texting, with fines as much as $2,750 for violations.

The heightened initiative stems from a horrific accident involving an 18 wheeler in Kentucky that killed 11 individuals in March of 2010. The wreck was allegedly caused by distraction and cell phone use; examiners concluded that the driver made 69 texts and calls in the 24 hour window before the accident, with four calls made in the minutes before the accident.

In addition to the Kentucky accident, there have been many other tragedies due to alleged distracted vehicle operation. A couple of the headlines included a boat wreck involving a barge that crashed into a tour ship in Philadelphia that killed two people and drowned the ship, as well as a highly publicized rail accident in Southern California that resulted in 25 fatalities.

Surprisingly, no state outlaws cellular phone use in its entirety. Thirty-four states and Washington D.C. forbid text messaging for every driver, while nine states and D.C. prohibit holding any electronic device while operating a vehicle. New York is now one of those states thanks to recent updated legislation. Just last month, during the first week of August, police officers in the Suffolk region handed out 1,109 tickets associated with handheld device usage for driving distracted. Contact the New York car accident attorneys with Wingate, Rusotti & Shapiro, LLP for a complimentary consultation at 212-986-7353 if you or a loved one has been injured by a distracted driver.

In the first two parts of this series on Motorcycle Safety we covered helmets and proper eye and face protection. Now, in the third and final installment, let’s talk about knowing your bike with instructions courtesy of the New York DMV.

• Make sure your bike fits you; get guidance from a professional bike shop. For starters, your feet should be able to touch the ground while sitting down.
• Your bike should without exception have: a headlight, taillight, brake light, front and rear brakes, turn signals, and a horn. While New York State law mandates only one mirror on a bike, having two mirrors is highly recommended.
• Be comfortable with all controls before riding on busy roads. Practice riding at slow speeds in a quiet area, like an empty parking lot.
• The owner’s manual is not for geeks; it’s a document essential to your safety — read it!
• Establish a thorough routine to check every component of your bike for safety problems prior to all rides.
• Avoid borrowing or lending out your bike. Crashes often occur with beginners or those riding unfamiliar motorcycles. If you do lend your bike out to a friend, ensure that he or she is experienced and licensed.
• Always ride exceptionally careful on any new motorcycle or in unfamiliar terrain. The NY DMV reports, “more than half of all crashes occur on motorcycles ridden by the operator for less than six months.”

Despite the safety measures, motorcyclists are incredibly vulnerable to accidents and serious injury. If you’ve been injured in a motorcycle accident in New York due to what you believe was negligence on the part of another driver, contact the Manhattan motorcycle accident attorneys with Wingate, Rusotti & Shapiro, LLP for a free case review. Call 212-986-7353 to speak with an attorney today.

The most frightening part of a hurricane may be when it makes landfall and passes through a populated area but, as stressed by the U.S. Consumer Product Safety Commission (CPSC) and U.S. Fire Administration (USFA), serious dangers linger in a storm’s wake even after it’s gone. Following Hurricane Irene, which wreaked havoc and destruction on the Northeast, the two agencies released the following tips to stay safe:

• Never operate portable generators, charcoal grills, or camp stoves indoors (inside a home, basement, shed, garage, etc) regardless of whether doors or windows are open. They emit potentially lethal levels of carbon monoxide. Use these items outside and far away from vents, doors, and windows.
• Install carbon monoxide alarms inside all sleeping areas and on every level of a home to guard against poisoning. Change the batteries in the alarms annually.
• Always avoid any downed wires, as they may be charged with dangerous electrical current.
• Do not use any electrical components or equipment that have gotten wet, including circuit breakers; they must be replaced or tested by a qualified electrician.
• Make sure any electrical cables you use with any appliances are free of damage and suitable for outdoor use.
• Never handle or operate electrical appliances if you’re standing in water.
• Replace propane and natural gas valves that have been under water, and check for leaky connections by smelling and listening. If you suspect a gas leak, immediately evacuate your house. Before turning the gas back on, have the system evaluated by a professional.
• Never strike a match in areas where gas may have leaked.
• Use candles with extreme caution and never leave them unattended or near any flammable items. Use flashlights or battery operated light sources instead whenever possible.

If you’ve been injured due to another’s negligent actions following a storm or power outage, or due to defective emergency equipment, contact the New York personal injury lawyers at Wingate, Rusotti & Shapiro, LLP at 1-212-986-7353 for a complimentary consultation. We may be able to help.

Drivers across the nation are seeing increased enforcement and patrol efforts during these last weeks of summer, in part due to a movement by the National Highway Traffic Safety Administration (NHTSA) named “Drive Sober or Get Pulled Over.” The initiative, in effect August 19 through September 5, culminates with DUI enforcement of the crowded Labor Day weekend, a notorious time for impaired driving infractions. The NHSTA measure fuses “high-visibility enforcement and public awareness messaging,” said the administration.

Officials from state and local law departments as well as government offices are working in partnership on the program. Here in New York, over 500 local law enforcement departments, along with the State Police, are implementing increased sobriety checkpoints and patrols during the period. The movement is also backed by local STOP-DWI Association community awareness functions throughout the region. Additionally, to kick off the program, the Governor’s Traffic Safety Committee sponsored a STOP DWI publicity night at the Binghamton Mets baseball game on Aug. 18; a press conference regarding the efforts was held outside the stadium afterward.

While “Drive Sober or Get Pulled Over” marks a concentrated effort to fight an important problem, the issue is one that deserves intense focus all year long. Contact the New York drunk driving victim lawyers with Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a free review of your case if you’ve been injured in an accident that you believe was the fault of an impaired driver.