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      <title>New York Injury Talk Blog</title>
      <link>http://www.nyinjurytalk.com/</link>
      <description>Published by Wingate, Russotti &amp; Shapiro LLP</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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            <item>
         <title>Why Should You Contact a New York Personal Injury Lawyer?</title>
         <description><![CDATA[<p>If you have suffered injury or harm as a result of someone else's negligence, it is critical that you act quickly to protect your legal rights. It is important that you consult with a attorney before you make statements to an insurance adjuster or another attorney, which can be misconstrued, misinterpreted or can be used against you to reduce the value of your claim. Experienced <a href="http://www.wrslaw.com/wrs.practice08.html">personal injury attorneys in New York</a> who devote their work to injury investigations understand aggressive insurance company tactics and strategies. They know how to deal with these insurance companies, whose sole purpose is typically to pay you as little money as they can.</p>

<p><br />
You would be well-advised to retain an attorney as soon as possible, so he or she can get down to collecting evidence and commencing an investigation into your case as soon as possible. The longer the delays, the tougher it becomes to collect evidence that may be crucial to your case. In an auto accident, for example, it is important to preserve the crashed vehicle. An attorney will be able get the necessary court orders to preserve important evidence. For example, if a vehicle is lost in an accident case where an auto product defect is suspected, then the victim may never be able to prove that the accident occurred as the result of a defective auto.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/03/why_should_you_contact_a_new_york_personal_injury_lawyer.html</link>
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         <category>Personal Injury</category>
         <pubDate>Fri, 12 Mar 2010 07:00:00 -0500</pubDate>
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         <title>New York Construction Accident Kills Worker</title>
         <description><![CDATA[<p>A Jackson Heights worker was killed in a New York construction accident after he fell from scaffolding while working on an elevator shaft in a Manhattan building. The New York Post reports that the 51-year-old worker was inside an elevator shaft on the third floor of a construction site at 603 W. 129th St. when he fell from scaffolding to the bottom of the shaft. The man was transported to a local hospital where he died. </p>

<p>This man's death was apparently the first <a href="http://www.new-york-construction-accidents.com/construction-deaths.shtml">fatal New York City construction accident</a> in 2010. Last year, the city's Department of Buildings reported an 84 percent drop in construction accident fatalities from 19 in 2008 to three in 2009. However, the total number of reported construction accidents rose from 151 in 2008 to 224 in 2009 and the total number of reported injuries rose from 178 in 2008 to 246 in 2009. Officials say the increase in the number of incidents can be attributed to better accident reporting by construction companies.</p>

<p>Falls from scaffolding are the most common types of fatal accidents, which occur at New York construction sites. According to the Occupational Safety and Health Administration (OSHA), a number of scaffolding accidents occur because scaffolds are not constructed per manufacturer's guidelines or companies fail to install proper fall protection systems such as guardrails. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/03/new_york_construction_accident_kills_worker.html</link>
         <guid>http://www.nyinjurytalk.com/2010/03/new_york_construction_accident_kills_worker.html</guid>
         <category>Construction Accident</category>
         <pubDate>Thu, 11 Mar 2010 07:00:00 -0500</pubDate>
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         <title>Fatal NY Truck Accident Caused by Tired Trucker Distracted by Laptop</title>
         <description><![CDATA[<p>A 33-year-old woman was killed in a <a href="http://www.new-york-truck-accident-lawyers.com/">New York truck accident</a>, which police say was caused by an exhausted driver who was watching a pornographic film on his laptop while driving. According to a <em>WKBW</em> news report, the woman's vehicle was stalled on the Interstate 90 after her car struck deer. Her stalled vehicle was then hit by the truck driver. New York State Police say the driver was operating the tractor-trailer while keeping false log books and was actually operating the vehicle with very little sleep. He also had a computer on his lap that was streaming porn while he was operating the truck at the time of the fatal collision.</p>

<p>In this case, police say the driver was in violation of a federal transportation law, which allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. The law also prohibits commercial truck drivers from driving after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days. In this particular case, the driver was also distracted by a movie he was allegedly watching on his laptop. He has been charged with second degree manslaughter in connection with this fatal auto accident.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/03/fatal_ny_truck_accident_caused_by_distracted_driver.html</link>
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         <category>Truck Accidents</category>
         <pubDate>Tue, 09 Mar 2010 13:20:21 -0500</pubDate>
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         <title>Woman Suffers Fatal Injuries during Abortion</title>
         <description><![CDATA[<p>A 37-year-old single mother of four died after a botched abortion at a clinic in New York City. According to a news report, the doctor performing the abortion severed an artery during the woman's procedure. This medical mistake led to massive bleeding and eventually cardiac arrest. The patient was transported to a nearby hospital where she died. The clinic is apparently under investigation by the New York State Medical Board for this incident. </p>

<p>A number of things can go wrong during or after a surgical procedure. During surgery, a surgeon may operate on the wrong body part or operate on the wrong site of the body. After surgery, the patient may suffer from or even die as the result of an infection caused by substandard post-operative care. Things can go wrong even in procedures that may be perceived as "simple" medical actions. If you have been injured because of a surgeon's error or doctor's negligence, you may be able to file a <a href="http://www.new-york-medical-malpractice-attorneys.com/">NY medical malpractice lawsuit</a> against the negligent party. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/03/woman_suffers_fatal_injuries_surgical_error.html</link>
         <guid>http://www.nyinjurytalk.com/2010/03/woman_suffers_fatal_injuries_surgical_error.html</guid>
         <category>Medical Malpractice</category>
         <pubDate>Thu, 04 Mar 2010 07:00:00 -0500</pubDate>
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         <title>Honda Recalls Vehicles for Airbag Defects</title>
         <description><![CDATA[<p>Honda Motor Company has expanded its vehicle defect recall to include an additional 438,000 vehicles worldwide, including 379,000 in the United States. According to a news report, Honda officials said the driver's airbag inflators in these vehicles may expand with too much pressure, which can cause the inflator casing to break. This could result in injury or death. The expanded <a href="http://www.newyorkautoproductliability.com/defective-airbags.html">airbag defect recall in New York</a> and throughout the nation includes 2001 and 2002, Accord, Civic, Odyssey, CR-V and selected 2002 Acura TL vehicles. So far, 12 incidents have been reported in connection with the airbag inflator problem. </p>

<p>The original recall stemming from these problems was issued in November 2008 for 2001 and 2002 models of Accords and Civics as well as some 2002 model year Acura TL vehicles. Last summer Honda added 443,727 vehicles to that recall in the United States. Now, that total number of vehicles recalls is up to more than 826,000 in the United States. Last month, Honda announced a separate recall for 646,000 Fit, City and Jazz models over defective power window switches that pose a potential fire hazard. That auto product defect caused one death in South Africa.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/03/honda_recalls_vehicles_for_airbag_defects.html</link>
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         <category>Auto Product Liability</category>
         <pubDate>Tue, 02 Mar 2010 15:04:52 -0500</pubDate>
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         <title>E. Coli Fears Prompt Yet Another Beef Recall</title>
         <description><![CDATA[<p>The U.S. Department of Agriculture has issued yet another beef recall over food poisoning concerns. This time, it's from Adams Farm Slaughterhouse LLC., a company in Athol, Massachusetts that is recalling about 2,574 pounds of beef products, which may be contaminated with the deadly E. coli O157:H7 bacteria. At least one Massachusetts resident is reported to have been sickened by this contaminated beef. </p>

<p>This is the third beef recall just in the last three months over <a href="http://www.newyorkfoodborneillness.com/ecoli.html">E. coli contamination</a>. In November, ground beef from New York-based Fairbank Farms resulted in 26 illnesses, 19 hospitalizations and five who developed hemolytic uremic syndrome (HUS). This is a complication of E. coli infections, which could lead to kidney damage or even death. In December, Oklahoma-based National Steak and Poultry recalled about 124 tons of mechanically tenderized beef products. Those tainted beef products left 21 people sick in 16 states, including nine hospitalized and one case of HUS. In total, 776,000 pounds of E. coli-tainted beef have been recalled over these three months.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/e_coli_fears_prompt_yet_another_beef_recall.html</link>
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         <category>Food Borne Illness</category>
         <pubDate>Thu, 25 Feb 2010 07:00:00 -0500</pubDate>
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         <title>&quot;Strong Man of New York&quot;  Dies in Pedestrian Accident</title>
         <description><![CDATA[<p>Joe Rollino, who was renowned as the "Strong Man of New York" was killed in a pedestrian accident in Brooklyn when he was crossing a street. According to a news report, the 104-year-old Rollino suffered injuries to his head, chest and pelvis. He was transported to an area hospital, but succumbed to his severe injuries. Officials say the driver was traveling at the designated speed limit. They do not believe alcohol or drugs was involved in the fatal collision. However, the driver was issued a summons for a defective horn. The incident is under investigation.</p>

<p><a href="http://www.wrslaw.com/pa_pedestrian_accidents.html">New York pedestrian accidents</a> can result in devastating injuries for victims. Some of these accidents are caused by pedestrians who do not follow the rules of the road. However, very often, pedestrian accidents happen because drivers do not yield the right-of-way. This could happen because the motorist is driving under the influence, talking on a cell phone, texting, or simply not paying attention to his or her surroundings.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/new_york_pedestrian_wrongful_accident_death_injury_attorneys.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/new_york_pedestrian_wrongful_accident_death_injury_attorneys.html</guid>
         <category>Pedestrain Accidents</category>
         <pubDate>Tue, 23 Feb 2010 15:37:44 -0500</pubDate>
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         <title>New York City Construction Accident Deaths Decline</title>
         <description><![CDATA[<p>According to a recent report in the <em>New York Post</em>, <a href="http://www.new-york-construction-accidents.com/construction-deaths.shtml">construction site accident fatalities in NY</a> have dropped by 84 percent compared to last year. The report states that this marked improvement is the result of tougher safety standards imposed by New York City officials. The reduction in construction site fatalities has also been attributed to a slowdown in construction activity due to the economic recession. In 2009, three fatal construction accident deaths were reported compared to 2008 when there were 19 construction site fatalities, including two devastating crane accidents in Manhattan.</p>

<p>These serious construction accidents prompted a thorough review of the city's construction safety standards. The new regulations also gave the city's Building Department more teeth and expanded enforcement powers. The new standards require more extensive training for construction workers as well. City officials say their goal has been to change the culture of the construction industry and basically teach them to "put public safety ahead of profit."</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/new_york_city_construction_accident_deaths_decline.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/new_york_city_construction_accident_deaths_decline.html</guid>
         <category>Construction Accident</category>
         <pubDate>Tue, 16 Feb 2010 07:00:00 -0500</pubDate>
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         <title>Toyota Announces Official Recall Due to Brake Defects</title>
         <description><![CDATA[<p>With consumer confidence certainly waning in the auto sector over the last couple of months, Toyota has issued yet another recall, this time due to an anti-lock braking system (ABS) software glitch. Toyota announced the voluntary recall on February 9, 2010 for several vehicle models, including the popular 2010 Prius. The complete list of <a href="http://www.wrslaw.com/toyota-recall2.html">recalled Toyota vehicles</a> includes the following:<br />
<ul><li>2004-2010 Prius</li><br />
<li>2005-2010 Avalon</li><br />
<li>2005-2010 Tacoma</li><br />
<li>2007-2010 Tundra</li><br />
<li>2007-2010 Camry</li><br />
<li>2008-2010 Highlander</li><br />
<li>2008-2010 Sequoia</li><br />
<li>2009-2010 RAV4</li><br />
<li>2009-2010 Matrix</li><br />
<li>2009-2010 Venza</li><br />
<li>2009-2010 Corolla</li><br />
<li>2010 Lexus HS 250h</li></ul></p>

<p>With this recent recall for <a href="http://www.wrslaw.com/toyota-recall3.html">Toyota defective brakes</a>, 133,000 Prius vehicles and 14,550 Lexus HS 250h vehicles will be affected. Anti-lock brake systems (ABS) are utilized in motor vehicles to maintain tire traction while driving over rough or slick road conditions. However, the software responsible for controlling ABS has proven unreliable, and Toyota owners may find themselves experiencing inconsistent braking while operating the aforementioned affected vehicles. Inconsistent braking could potentially lead to loss of vehicle control, which could further result in a motor vehicle accident and serious injuries. More information regarding these recalls may be obtained at www.toyota.com/recall, or by calling the Toyota Customer Experience Center at 1-800-331-4331, or the Lexus Customer Assistance Center at 1-800-255-3987.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/toyota_brake_defects_recall_new_york_lawyers_injury_attorney.html</link>
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         <category>Toyota Recalls</category>
         <pubDate>Fri, 12 Feb 2010 16:01:39 -0500</pubDate>
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         <title>Pedestrian Killed in Staten Island DUI Car Accident</title>
         <description><![CDATA[<p>A 22-year-old special education teacher was killed in a <a href="http://www.staten-island-lawyers.com/">Staten Island pedestrian accident</a> after he was struck by a driver, who officials say, was under the influence of drugs. An ABC news report states that the man and his girlfriend were jogging along Hylan Boulevard in Annadale when he was hit. He suffered severe head and chest trauma. His girlfriend suffered a broken ankle, scrapes and bruises.</p>

<p>The 34-year-old driver, described as an aspiring model, has been charged with possession of a controlled substance and driving under the influence. Police also found the sleep aid, Ambien, in her car. She apparently also admitted to authorities that she took two Xanax, one Ambien and one Percocet less than one hour before the fatal car crash.</p>

<p>Driving While Intoxicated (DWI) is a crime. In New York State, the penalties include the loss of driving privileges, fines, and a possible jail term. It is a serious violation to operate a motor vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs. It is also illegal to drive under the influence of prescription drugs or any type of intoxicant or hallucinogen that can impair your judgment while driving.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/pedestrian_killed_in_staten_island_dui_car_accident.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/pedestrian_killed_in_staten_island_dui_car_accident.html</guid>
         <category>Drunk Driving Accident</category>
         <pubDate>Thu, 11 Feb 2010 15:07:21 -0500</pubDate>
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         <title>Hyundai Azera Models Recalled for Defective Airbags</title>
         <description><![CDATA[<p>Hyundai, the Korean auto maker, has issued an auto product defect recall for 65,266 Hyundai Azera vehicles from 2006-2009 model years, according to a news report in the Miami Herald. The National Highway Traffic Safety Administration (NHTSA) states that the vehicles involved in the recall were manufactured between September 27, 200 and October 1, 2008. </p>

<p>These Hyundai Azera models have a wiring harness for the right front seatbelt tension sensor that could become damaged after repeated use of the seatbelt. This could lead to the right front passenger airbag not deploying in the event of a car crash. This seatbelt and airbag defect could lead to catastrophic or fatal injuries to the front passenger. When the recall begins, Hyundai dealers will replace the wiring harness for the seatbelt tension sensor free of charge. If you own a Hyundai Azera involved in this recall, you should take your car to a dealer right away to check if your seatbelt tension sensor needs to be replaced.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/hyundai_azera_models_recalled.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/hyundai_azera_models_recalled.html</guid>
         <category>Auto Product Liability</category>
         <pubDate>Tue, 09 Feb 2010 07:00:00 -0500</pubDate>
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         <title>Traumatic Brain Injuries Have Long-Term Effects</title>
         <description><![CDATA[<p>Brain injury is called "the silent epidemic" for a reason. According to the U.S. Centers for Disease Control, more than 5.3 million Americans are living with long-term disabilities because of traumatic brain injuries. Every year, according to the CDC, at least 1.4 million people in the United States suffer a traumatic brain injury, more than the number of people who suffer heart attacks. Very often, the problem of traumatic brain injury is underestimated or dismissed.</p>

<p>More than 40 percent of traumatic brain injuries are caused by auto accidents, which is the most common cause of this type of injury. A <a href="http://www.new-york-brain-injury-lawyers.com/">traumatic brain injury in New York</a> can result in changes to how a person processes information. Speech can become slurred. Thinking can be slowed down. Short-term memory can be completely lost in some cases. Judgment can become impaired. Almost always, brain-injured patients need extensive therapy, which dramatically increases the cost of treating this condition as well. And even so, the therapy only helps these injured victims cope with their brain injury. Brain damage is forever.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/traumatic_brain_injuries_have_long_term_effects.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/traumatic_brain_injuries_have_long_term_effects.html</guid>
         <category>Brain Injuries</category>
         <pubDate>Thu, 04 Feb 2010 16:25:14 -0500</pubDate>
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         <title>Rhode Island Hospital Fined for Wrong-Site Surgery</title>
         <description><![CDATA[<p>The Associated Press reports that Rhode Island's largest hospital was recently fined $150,000 and ordered to install video cameras in all its operating rooms after surgeons at the hospital performed their fifth wrong-site surgery since 2007. This is Rhode Island Hospital's second fine for wrong-site surgeries. The hospital was also fined $50,000 after its brain surgeons operated on the wrong part of the heads of three patients in 2007. The most recent incident apparently involved a patient who was scheduled to have surgery on two fingers. The surgeon performed both surgeries on the same finger instead.</p>

<p>These incidents show nothing short of a complete breakdown in protocols and procedures at this Rhode Island hospital. The surgical team failed to mark the proper part where the surgery was to take place. The team also did not take the necessary "timeout" to make sure they were operating on the correct body part.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/rhode_island_hospital_fined_fo.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/rhode_island_hospital_fined_fo.html</guid>
         <category>Medical Malpractice</category>
         <pubDate>Tue, 02 Feb 2010 07:00:00 -0500</pubDate>
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         <title>Toyota Accelerator Defect Results In Voluntary Recall</title>
         <description><![CDATA[<p>Vehicle safety is an issue that many motorists take for granted. We trust that auto manufacturers have rigorously tested their products, ensuring the safety of consumers as a consequence. However, as the most recent safety recall issued by Toyota illustrates, faulty design is not always caught by auto manufacturers before its products are introduced and sold to the public.</p>

<p>The National Highway Traffic Safety Administration reports that between 2006 and 2009, 13 Toyota vehicles have been involved in fatal accidents stemming from gas pedal sticking. Due to statistics such as these and additional reports of serious accidents involving Toyota’s accelerator defects has resulted in  Toyota recently recalling over 2.3 million vehicles, specifically the 2009-2010 RAV4, Corolla and Matrix models; the 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra and the 2008-2010 Sequoia; and some 2007-2010 Camrys .  This recall comes after an earlier recall that was announced in November 2009 of floor mats that Toyota had indicated were at risk of becoming lodged underneath gas pedals, causing them to accelerate uncontrollably. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/toyota_accelerator_defect_voluntary_recall_new_york_auto_part_injury_lawyers.html</link>
         <guid>http://www.nyinjurytalk.com/2010/02/toyota_accelerator_defect_voluntary_recall_new_york_auto_part_injury_lawyers.html</guid>
         <category>Auto Product Liability</category>
         <pubDate>Mon, 01 Feb 2010 14:55:07 -0500</pubDate>
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         <title>Cadmium-Tainted Children&apos;s Products under Scrutiny</title>
         <description><![CDATA[<p>An Associated Press news report has shown that children's jewelry sold in retailers such as Wal-Mart, Claire's and New York City dollar stores is tainted with a dangerous, poisonous metal called cadmium. What is cadmium? It is a substance, which has been listed number seven on the U.S. Centers for Disease Control's (CDC) top 200 hazardous substances. Federal regulators really cracked down on lead-tainted toys last year. So more and more Chinese toy makers are now resorting to cadmium, which is extremely toxic even in low doses. </p>

<p>The AP report says children can get persistent low-level doses by regularly sucking or biting jewelry with a high cadmium content. The news agency conducted lab tests on cadmium jewelry bought at stores including several in New York. The investigation showed that out of 103 pieces of costume jewelry, 12 contained at least 10 percent cadmium, which can cause brain damage and kidney failure in young children. A day after this report came out, Wal-Mart pulled several suspect items off its shelves. Cadmium exposure at high levels can even cause cancer, experts say.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/cadmiumtainted_childrens_produ.html</link>
         <guid>http://www.nyinjurytalk.com/2010/01/cadmiumtainted_childrens_produ.html</guid>
         <category>Product Liability &amp; Recalls</category>
         <pubDate>Thu, 28 Jan 2010 07:00:00 -0500</pubDate>
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