New York Injury Talk Blog

This year’s Super Bowl features a long-time rivalry between the New York Giants and the New England Patriots, which means that Super Bowl parties will be popping up all over town. If you’re planning to host a party, there are several steps you can take to help protect yourself and your friends from a New York City car accident caused by alcohol this weekend:

• Make sure everyone has a sober way to get home before you start serving alcoholic drinks. Designated drivers, taxis, subway lines, and even walking can all keep your friends and family from suffering a drunk driving accident.
• Give designated drivers extra perks. Keep their non-alcoholic drink topped off, give them a great seat to watch the game, or offer to cover the cost of gas.
• Serve only one alcoholic drink at a time to each person. Keep your eyes peeled for under-21 party guests - they should not be drinking alcohol at all.
• Stop serving alcohol at least an hour before the party is scheduled to end. The end of the Super Bowl’s third quarter is a good time to switch to non-alcoholic drinks and start passing around dessert.

At Wingate, Russotti, Shapiro & Halperin, our experienced New York drunk driving victim attorneys are dedicated to helping those injured in crashes find the compensation they deserve and hold any negligent parties accountable for the harm their actions have caused. If you’ve been injured in an accident with a drunk driver, you have several legal rights and options. Call us today at (212) 222-4336 for a free and confidential consultation about your case and the steps you can take next.

The U.S. Consumer Product Safety Commission (CPSC) and Triple Eight Distribution recently announced a recall of Triple Eight’s “Little Tricky” multi-purpose helmets for children and youth. The helmets were sold as suitable for a number of activities, including bicycling, skateboarding, and roller or in-line skating.

The recall was announced because the helmets failed CPSC testing. Children wearing the helmets could suffer a serious traumatic brain injury or other head injury in a fall, which a properly-built helmet could prevent. The CPSC has not yet reported any actual incidents in which children wearing the recalled helmets were injured.

The recalled helmets feature a hard plastic shell over foam padding inserts. The outer shell of the helmet has large “Little Tricky” logos on each side and comes in a variety of colors, including black, white, bone, blue, army green, and pink. They are marked either “S/M” (for “small/medium”) or one-size, and were sold at bicycle and sports retailers nationwide from August 2006 through November 2011 for about $40 each.

Parents should take these helmets away from children and contact Triple Eight for a full refund. Triple Eight can be reached toll-free at (888) 548-8518 or at its website, www.triple8.com.

Safety gear is meant to protect kids who ride bikes, go skateboarding, or join in the fun of similar sports. When safety gear is defective, however, it can cause injuries or make them worse instead of preventing them. At Wingate, Russotti, Shapiro, & Halperin, our experienced New York product liability attorneys have the legal resources and courtroom experience to fight on behalf of those injured by defective products or in accidents. Call us today at (212) 222-4336 to learn more; your call is free and completely confidential.

Four separate individuals suffered life-ending injuries in New York subway system accidents during the night spanning from January 21 to 22, in what law enforcement officials currently see as a bizarre coincidence. All four accidents are being investigated separately, and so far, police believe there is no connection among them - except that they all managed to happen on the same night.

The first man, who had been out with friends, had apparently wandered into an emergency exit in the subway system, where he was hit by an oncoming subway train. Police believe he had been drinking and was planning to take the subway home when the accident occurred.

Police were later called to stations on Avenue A and Avenue L in response to subway engineers seeing people on the tracks. Both of these individuals died before rescue workers could reach them. Power to the tracks was cut off for several hours while police and paramedics worked to save the individuals, causing delays along the subway system.

The fourth individual was found lying unconscious in an Avenue R station; rescue workers believe he fell down the stairs. He was rushed to a local hospital, but succumbed to his fatal injuries by the time he arrived.

Accidents can happen in nearly any location. At Wingate, Russotti, Shapiro & Halperin, our experienced New York subway accident attorneys are dedicated to helping you or your loved one seek needed compensation after an accident, so that you can focus on getting well and returning to the activities you enjoy. For a free and confidential consultation, call us today at (212) 222-4336.

Traumatic brain injury (TBI) involves a wide range of possible injuries to the brain. Concussions are a commonly-known type of TBI, but other injuries, including incidents when an object pierces the skull, known as penetrating head injuries, also fall into this category. The New York Department of Health keeps track of the number and types of TBIs treated in hospitals throughout the state each year, so that education and resources can be provided to survivors, their families, and people at high risk for this life-altering injury.

According to the New York Department of Health, Dutchess County saw the highest rate of hospitalizations for TBI in 2006 (the last year for which statistics are available), with 137.1 hospitalizations for every 100,000 residents. Nassau County was second, with 131.0 hospitalizations per 100,000 residents. For TBI emergency room visits that didn’t result in the patients being admitted, Genessee County’s rate was the highest, with 884.3 visits per 100,000 people.

The Department of Health estimates that the most common cause of TBI emergency room visits are slip and fall injuries, hitting a victim’s head on an object, or being hit by an object (especially among children), and car accident injuries. Men and boys in New York are slightly more likely to suffer TBIs than women and girls, but this gap is closing, especially among children who are more likely to participate in sports and games regardless of their sex.

Traumatic brain injury is called “traumatic” for a reason: it can have serious and even permanent consequences. If you or someone you love suffered a TBI in an accident, please don’t hesitate to contact the experienced New York traumatic brain injury attorneys at Wingate, Russotti, Shapiro & Halperin, P.C. For a free and confidential consultation, call us today at (212) 222-4336.

The rate of unintentional or accidental injuries suffered by the State of New York State residents has stayed relatively stable for the past decade, according to statistics gathered by the state’s Department of Health. The rates of deaths, hospitalizations, and emergency room visits for accidental injuries have not changed much since the early 2000s.

In 2006, the last year for which the Department of Health has released data, 4,413 New Yorkers died of an accidental injury. Another 132,895 required a hospital stay of at least one night, and 1,344,677 were seen in emergency rooms but not admitted for an overnight hospital stay. These numbers do not include people who suffered injuries inflicted intentionally, such as those involved in fights.

Although the population of New York State has grown over the past ten years, the rate of accidental injuries has stayed relatively the same. For instance, in 2002, the rate of deaths from accidents was 22.5 people per 100,000; in 2006, the rate was 22.9 people per 100,000. The rate of hospitalizations in 2002 was 612.4 people per 100,000; it increased slightly by 2006, to 688.4 people per 100,000. Statistics on emergency department visits for accidental injuries were not kept until 2005, but they have also held steady at about 6,900 visits per 100,000 New Yorkers.

Accidents can occur almost anywhere, and some of them can cause serious or even fatal injuries. At Wingate, Russotti, Shapiro, & Halperin, P.C., our experienced New York personal injury attorneys are dedicated to helping injured people and their families. To learn more about how we can help you, call us today at (212) 222-4336 for a free consultation.

Civil juries in the Bronx awarded a total of more than $80 million in damages to plaintiffs in cases heard throughout 2011, according to a recent article in The New York Daily News. These cases included one $18 million verdict for a worker who suffered severe burns in a Bronx workplace accident.

About 20,000 lawsuits were filed in courts in the Bronx last year. The most common claims involved construction accidents, wrongful death cases, and medical malpractice claims. People injured in car accidents also filed many cases. Juries were more likely to rule in favor of injured people and their families in these types of cases - and to provide generous damages awards - than they were in many other types of personal injury cases.

Burn injuries topped the list of large verdicts, though other serious workplace accidents that left workers permanently disabled also won over juries. One medical malpractice case in which a doctor failed to diagnose appendicitis also netted a large verdict. Many of the injured plaintiffs felt relief at the results, realizing that they now had the resources they needed to move forward with their lives.

Accidents of any kind can be terrifying. When an accident causes serious injuries or death, more than one life is changed forever. At Wingate, Russotti, Shapiro & Halperin, LLP, our experienced Bronx personal injury attorneys are dedicated to helping injury victims and their loved ones seek the compensation they need after a life-changing event. To learn more about your legal rights and options after an injury, call us today at (212) 222-4336 for a free and confidential consultation.

Ice fishing accidents have increased this year, as unseasonably warm weather has prevented safe amounts of ice from forming on many New York lakes, according to a recent news report from YNN.

Two Binghamton residents lost their lives recently while ice fishing on a northern New York lake. Their untimely deaths have highlighted a problem on many northern and central New York lakes: the ice is not thick enough to stand on, and what ice is collecting isn’t freezing in a way that makes it stable. This spells danger for many people who would otherwise be enjoying ice fishing and other activities on New York’s usually-frozen lakes.

Several ice fishers on Oneida Lake stated that they usually will not venture out unless the ice is at least six inches thick and the weather has stayed consistently below freezing for at least two weeks. Although the ice on the lake isn’t near these conditions yet, many are hoping that by February, ice fishing will be a less treacherous option.

Normally, ice fishers thwarted by warm weather would consider fishing by boat. However, on many lakes, enough ice has formed to make boating dangerous as well. Most private boat owners and boating companies will not venture out on the lakes because of the ice that has formed, since the risk of an accident would be too great.

Winter is a great time for any number of sports, including ice fishing, skiing, and sledding. Unfortunately, weather conditions can also cause serious accidents. If you or someone you love has been injured in a boating or other recreational accident, the experienced New York boating accident attorneys at Wingate, Russotti, Shapiro & Halperin, LLP may be able to help. Call us today at (212) 222-4336 for a free and confidential case evaluation.

Build-a-Bear, the popular store that allows children and adults to assemble their own stuffed animals, recently announced a recall of its Colorful Hearts Bear due to a potential choking hazard. According to the U.S. Consumer Product Safety Commission (CPSC), the bear’s plastic eyes can come loose. Young children may accidentally choke on the eyes if they are pulled off the bear.

The Colorful Hearts Bears were sold at both Build-a-Bear Workshop stores and at the store’s website from August to December 2011. The bears are made of white plush fabric printed with hearts of varying colors and sizes. The dangerous toys are about 16 inches tall and have black plastic eyes. The nose, bottoms of the feet, and inside of the ears are pink.

Parents or caregivers whose children have a Colorful Hearts Bear should take the bear away from children and return it to any Build-a-Bear store. The store has promised coupons in exchange, which will allow purchasers to select another Build-a-Bear stuffed animal as a replacement.

Information about the recall is available from the CPSC and at Build-a-Bear’s website, www.buildabear.com. You can also call the company’s toll-free number, (866) 236-5683, or email colorfulhearts@buildabear.com for more information about the recall.

No one who loves a child ever wants to give that child a toy that could cause injury. If a hidden defect in a toy has injured someone you love, please don’t hesitate to call the experienced New York recalled product lawyers at Wingate, Russotti, Shapiro & Halperin to learn more about your legal rights and options. For a free and confidential consultation, call us today at (212) 222-4336.

An increasing number of medical professionals are playing with their cell phones, iPads, and other technological devices while also tending to patients, a situation that might result in dangerous medical mistakes due to inattention, according to a recent article in Information Week.

Recently, The New York Times cited several examples of doctors, nurses, and other professionals using gadgets for personal reasons while tending to patients. In a survey performed by the professional journal Perfusion, over half of medical staff responsible for checking perfusion rates during coronary bypass surgeries who were surveyed admitted to using their cell phones to make or receive calls during surgery. Just under half, 49.2 percent, admitted to sending or receiving text messages during coronary bypass surgeries.

Technological tools like smartphones and iPads can make healthcare workers’ jobs easier and more effective in some ways, such as giving them the ability to carry patient records easily or reference diagnostic scans and other information during treatment or surgery. But personal use of these devices for chatting, shopping, or Web-surfing might actually distract from patient care - and distracted health care professionals can make mistakes that may cause serious harm.

The risks of texting or using apps while doctoring aren’t as obvious as, say, the risks of texting or using apps while driving. But until more is known about health care professionals’ ability to multitask, the wise move is to avoid using these tools for personal reasons and focus on the patient.

At Wingate, Russotti, Shapiro & Halperin, our experienced New York medical malpractice attorneys have the legal resources and courtroom experience to hold any negligent parties accountable for their actions. If you’ve been injured, call us today at (212) 222-4336 for a free and confidential consultation.

A New York woman was killed recently when the elevator in her Midtown office building began rising as she stepped into it, and two other people were left injured and psychologically traumatized by the accident, according to a recent news report on MSNBC.

The elevator had stopped to pick up the 41-year-old woman, who worked in an advertising agency in the 90-year-old building. As she stepped onto it, however, it suddenly began moving, without the doors closing. The woman was trapped between the elevator and the wall of the shaft. Rescue workers rushed to the scene but were unable to save the woman’s life.

Two other people who worked in the building were already on the elevator as the woman stepped on. They saw the accident occur but were unable to stop it or to save the woman, according to investigators. A technical fault in the elevator’s wiring has been blamed for the accident, but the defective equipment investigation is still ongoing.

The elevator has been placed out of service in the meantime, but the building’s 10 other elevators are available for use. The elevator involved in the accident was temporarily taken out of service due to a safety problem in 2003, but that problem was corrected and the elevator had operated properly since, according to building personnel.

Modern society relies on all kinds of machinery, equipment, and programming to work correctly so that we can travel, work, and live safely. When something goes wrong, however, serious injuries can result. If you or someone you love has been injured by a defective product or equipment, please don’t hesitate to call the experienced New York elevator accident attorneys at Wingate, Russotti & Shapiro. Our number is (212) 222-4336, and your initial consultation is free and confidential.

A recent study published in the New England Journal of Medicine found that drivers who used their cell phones while driving were four times more likely to cause a crash that sent at least one person to the hospital than drivers who did not use cell phones while driving.

The study followed 456 drivers ages 17 or older in West Perth, Australia who had also been to the hospital emergency room for treatment following a car crash. The researchers interviewed each of the crash victims and also looked at their cell phone records, examining when and how often these drivers had used their cell phones in the weeks leading up to the crash that injured them.

After analyzing the data, researchers concluded that the risk of having a crash while distracted by cell phone use increased fourfold over the risk of having a crash while not on a cell phone. The increase in the risk did not change when the driver was using a hands-free device. The researchers also found that, at any given time of day, approximately five percent of drivers were using cell phones, but that they caused considerably more than five percent of the accidents that sent at least one person to the hospital.

Distracted driving takes a driver’s eyes and mind off the road and his hands off the wheel, which increases the chance that the driver will not see or respond to a hazard in time to prevent a crash. At Wingate, Russotti & Shapiro, our experienced New York car accident attorneys are dedicated to helping injured people get the compensation they need after a crash. If you or someone you love has been injured, call us today at (212) 222-4336 for a free consultation.

Whether it's a quiet office building or a bustling construction site, a New York workplace has to meet stringent state and federal rules for worker safety. These rules cover everything from proper uses of equipment to what workers should wear to protect themselves from injury and employers are usually responsible for making sure a workplace meets safety standards. In order to lower healthcare costs and protect employee safety, however, some employers are looking into off-the-job safety training as well.

According to the National Safety Council (NSC), off-the-job safety programs are designed to help employees understand the major risks of injury that occur in their lives when they are not at work. Off-the-job safety programs are usually provided at work, but focus on accidents that occur at home, when out with family or friends, or when commuting.

Statistically speaking, workers are safer in the workplace than out of it, according to the NSC. Ninety percent of deaths and over 75 percent of injuries occur when workers are somewhere other than their jobs. Poisoning, falls, suffocation, and drowning are the most common causes of off-the-job injuries. Off-the-job safety programs focus on these accidents and their most common triggers, helping workers to stay safe in their daily lives and keep them healthy and ready for work.

Workplace injuries can cause more than just pain and suffering, as well as multiple trips to the doctor. They can also result in lost wages or even an inability to keep doing the work you did before. If you or someone you love has been injured while on the job in New York, the experienced Manhattan workplace accident lawyers at Wingate, Russotti & Shapiro can help. For a free and confidential consultation, call us today at (212) 222-4336.