New York Injury Lawyer Blog

A new website aimed at informing consumers about potential hazards of common household products launched earlier this week.

The U. S. Consumer Product Safety Commission (CPSC) has set up its SaferProducts.gov database. This website has been mandated by Congress, as part of the Consumer Product Safety Improvement Act to help reduce the risks of personal injury in New York and elsewhere because of faulty, hazardous consumer products.

"CPSC stayed on time and on budget in building this new database," said Chairwoman Inez Tenenbaum. "Through SaferProducts.gov consumers will have open access to product safety information that they have never seen before and the information will empower them to make safer choices."

Our New York injury attorneys understand that, up until now, there have been virtually no government-mandated databases for this type of useful information. With this website, consumers can reduce the risks of at-home injury by actively informing themselves about the products and appliances they commonly use. If you are injured by a consumer product, you are advised to contact an experienced attorney as taking on these large corporations to gain rightful compensation can be difficult, time-consuming and confusing.

If you're aware of a product that may cause harm or have the potential to cause harm, you are asked to submit a report to the CPSC website. They will then have five business days to forward that report on to the product manufacturer. Once the manufacturer has received that report, they will have 10 business days to reply with any comments or claims. At the end of that 10 business day period, and after all requirements are met, the report and the comments will be posted to the website for all consumers to see.

The CPSC would like to remind consumers that they will not be posting information that is faulty or inaccurate. Reports lacking required information and those revealing confidential information will not be posted either. Lastly, information in a report determined to be materially inaccurate within the 10 days after it has been provided to manufacturers to respond will not be published.

"I believe that an informed consumer is an empowered consumer," Tenenbaum said. "The ability for parents and consumers to search this database for incidents involving a product they already own or are thinking of purchasing will enable them to make independent decisions aimed at keeping their family safe."

The CPSC started registering businesses and accepting reports through the website in January. Since then, the website has received approximately 1,500 reports and has signed up about 1400 manufacturers. The manufacturers sign up though the website's Business Portal so that they can receive any reports pertaining to their products via email in a timely manner.

"We will continue to accept written, phone and fax reports, as we have for decades," Tenenbaum said. "What is new and significant today is that we are launching an up-to-date system for letting consumers review safety reports alongside manufacturer comments about those reports."

Continue reading "CPSC Launches New Website to Reduce Risks of Harmful Product Injury in New York and Elsewhere" »

Recently released statistics by the National Safety Council estimate that more than 400 fatalities will occur because of car accidents in New York and elsewhere in the country during the upcoming Memorial Day weekend.

They also estimate that the United States will see another 39,000 injuries that require medical attention during the kickoff weekend of the summer season.

The NSC also estimates that more than 300 vehicle occupants may survive the Memorial Day holiday weekend traffic accidents because they will be wearing seat belts. It is also estimated that another 103 lives could be saved if everyone wore their seat belt.

Our New York City injury attorneys urge all motorists to wear their seat belt while traveling on our New York roadways. Residents and visitors should know the National Highway Traffic Safety Administration will be supporting "Click It or Ticket" campaigns to help raise awareness about the importance of seat belt usage.

The "Click It or Ticket" campaign has been proven the most successful safety belt enforcement campaign of all time as it has contributed to the highest national safety belt usage rate - nearly 90 percent. Law enforcement will strictly enforce their zero-tolerance policy of safety belt violations across the country throughout the entire campaign.

Over the last six years, Memorial Day weekend averages for vehicle accidents experience an increase of more than 12 percent compared to similar non-holiday periods. Many credit the increase in accidents to the increase in travel nationwide.

The NSC offers these tips to help keep you safe on the road this Memorial Day holiday weekend:

-Make sure you and all of your passengers are wearing their seats belts and that children are in age-appropriate safety seats.

-Refrain from all cell phone use while operating a motor vehicle. Distracting driving habits greatly increase your risks of being involved in an accident that results in injury.

-Avoid drinking and driving at all costs.Consumption of alcohol impairs reaction time and driving judgment. Be sure to keep your friends and family from jumping behind the wheel after drinking as well.

-Make sure you're well rested. It is encouraged you get your rest during this busy holiday weekend before driving your car.

-Practice defensive driving habits and always exercise caution, especially during shoddy weather conditions.

-Allow plenty of travel time to get to your destination to avoid frustration and the need for speed. Obey all traffic laws while traveling.

Memorial Day is celebrated May 30 but it is actually observed on the last Monday in May. The holiday is always celebrated as 3.25-day weekend that consists of Friday evening, Saturday, Sunday, and Monday. This year, the holiday period will extend from 6:00 p.m. on Friday, May 27, to 11:59 p.m. on Monday, May 30. All drivers are urged to practice extra safe driving habits during this holiday weekend to avoid becoming one of these unfortunate statistics.

Continue reading "Memorial Day Holiday Weekend Sees Spike in Car Accidents in New York and Elsewhere" »

May is Motorcycle Safety Awareness Month as part of an effort to help raise awareness about the vulnerability of these drivers.

These motorists are much more susceptible to injuries and death when involved in a motorcycle accident in New York and elsewhere in the state, as they are smaller and have less protection. They are often left in a motor vehicle's blind spot and overlooked on our roadways.

Throughout the entire month, the National Safety Council and our New York personal injury attorneys urge motorists to share the road with our motorcyclists and to exercise extra caution and awareness when they're nearby. Driver awareness may be one of the most effective ways to avoid these potentially deadly interactions.

The need for this awareness month continues as accidents involving motor vehicles and motorcycles jumped more than 130 percent between 1998 and 2008. In 2007, it was estimated that the mileage death rate for motorcycle riders was nearly 40 times greater than that of a passenger vehicle occupant.

"Throughout spring and summer the number of motorcyclists on the road will increase. It is important for both motorists and motorcyclists to be aware of one another," said David Teater, NSC senior director of Transportation Initiatives. "To better defend themselves, motorcyclists should follow the rules of the roadway and wear protective gear, including a Department of Transportation compliant helmet."

Our roadways see more motorcyclists in the springtime weather. Drivers in New York and elsewhere across the state need to be cautious and alert for our two-wheeled drivers.

As the economy recovers, we expect more and more motorcycles to be hitting our roadways. We expect that number to rise even more because of the rising gas prices.

According to the National Highway Traffic Safety Administration, more than 150 motorcyclists lost their lives in traffic accidents occurred in New York State in 2010. This is a number that continues to rise every year.

The NSC offers these tips for motorists to help recognize the presence of motorcyclists:

-Do not tailgate a motorcycle. Allow even more distance between you and them than you would a motor vehicle.

-Allow a motorcycle to use the entire width of a lane. Never try to share a lane.

-Exercise extra caution in intersections. Most accidents happen when a motorist fails to see a motorcyclist and turns left in front of a motorcycle.

-Check, and double check, your surroundings before making a maneuver in traffic.

A complete list of motorcycle events in New York, including rides to support National Motorcycle Safety Awareness Month, can be found on the Cycle Fish website.

Continue reading "May Raises Awareness for Motorcycle Accidents in New York and Elsewhere" »

According to the most recent findings by the Centers for Disease Control and Prevention, motor-vehicle related fatalities in the United Stated resulted in roughly $41 billion in medical and work loss costs. Half of the total costs were from only ten states and New York car accidents ranked near the top.

"Deaths from motor vehicle crashes are preventable," said CDC Director Thomas R. Frieden, M.D., M.P.H. "Seat belts, graduated driver's license programs, child safety seats, and helmet use save lives and reduce health care costs."

New York City injury lawyers understand that areas that are densely populated, like New York, create a higher risk for being involved in a car accident. It is with heightened awareness and focused, safe driving habits that we can attempt to reverse these crash statistics and produce safer New York roadways.

In 2008, roughly 1,000 passenger-vehicles were involved in fatal accidents in New York, according to the National Highway Traffic Safety Administration.

The top ten states, according to CDC data, with the most expensive medical and work loss costs:

-California ($4.16 billion)

-Texas ($3.50 billion)

-Florida ($3.16 billion)

-Georgia ($1.55 billion)

-Pennsylvania ($1.52 billion)

-North Carolina ($1.50 billion)

-New York ($1.33 billion)

-Illinois ($1.32 billion)

-Ohio ($1.23 billion)

-Tennessee ($1.15 billion)

The CDC released new fact sheets involving these statistics to highlight state-based costs of crash deaths to coincide with the kickoff of the Decade of Action for Road Safety campaign. This campaign, created by the United Nations General Assembly, aims to raise awareness about the number of motor-vehicle accidents worldwide and make an attempt to reduce those statistics by 2020.

According to the info provided by the CDC, motor-vehicle accident deaths among children under the age of 16 had the highest percentage of costs than any other age group -- nearly $900 million.

"It's tragic to hear that anyone dies on our nation's roads. But it's especially so when the person who loses his or her life is a child or teenager," said Linda Degutis, Dr. P.H., M.S.N., director, National Center for Injury Prevention and Control. "Child passenger safety laws and comprehensive graduated driver licensing laws are proven to protect young lives. We encourage states to strengthen and enforce these laws to help keep more of our young people safe."

The CDC's Injury Center offers these suggestions to states nationwide to help reduce the risks of accident-related deaths in their area:

-Create comprehensive graduated driver licensing (GDL) systems, as these regulations have been proven to reduce teen crashes. These GDL systems help new, teen drivers to gain driving experience under lower-risk conditions by allowing driving privileges in a number of stages. GDL systems have been shown to reduce accidents among 16-year-old drivers by about 40 percent.

-Create and enforce primary seat belt laws; a law would allow motorists to be stopped and given citations for not wearing a seat belt. Seat belts have been proven to reduce the risk of death to front seat occupants by about 50 percent.

-Enlist universal motorcycle helmet laws. A law that would require all riders to wear helmets. The use of a helmet can reduce the risk of death in a motorcycle accident by nearly 40 percent and can reduce the risk of brain injury nearly 70 percent.

-Enforce strong child passenger safety policies. Children should be required to ride in age- and size-appropriate child safety seats and booster seats while riding in motor vehicles.

"These preventable costs are a reflection of the terrible suffering of American families whose loved ones are killed or injured on the roads," said Norman Mineta, chairman of Make Roads Safe North America and the longest serving Secretary of Transportation in U.S. history. "Today, on the launch of the first-ever Decade of Action for Road Safety, occurring in 30 cities across our nation and 50 countries worldwide, it is time for all of us to take action to save lives at home and around the globe."

Continue reading "New York Car Accidents Place State in Top Ten for Most Costly State" »

The New York Daily News reported on the tragic death of a pedestrian run over by a drunk tour bus driver.

Our New York personal injury lawyers urge you to contact an experienced New York bus accident attorney if a family member has been tragically killed by a negligent bus driver.

The tour bus driver was allegedly drinking vodka while driving prior to striking a man in midtown, according to police. The 57-year-old driver had his booze in a silver-colored travel mug and sipped it as he cruised through Manhattan. Police found $1,300 in cash and a half-full bottle of Smirnoff vodka on the bus. The driver has been charged with DWI, vehicular manslaughter and criminally negligent homicide. The horrific accident happened when the bus turned onto Ninth Ave. at 47th St. and hit the 29-year-old pedestrian and then dragged him almost 30 feet underneath the rear wheels before bystanders alerted the driver to stop. The victim was taken to Bellevue Hospital, where he died from catastrophic injuries. The driver's blood alcohol content was .14 at the scene and was later .08, which is double the legal limit of 0.04 for commercial drivers. Records show in 2004 this driver had a DWI charge in Kentucky. The tour bus belongs to TraveLynx but the tour was run by L & L Travel, a Chinatown operator.

In March we posted on our New York Injury Lawyer Blog about the Bronx bus accident that killed 15 after crashing into a tractor-trailer. This accident triggered an increase in bus safety inspections which we wrote about last month on our New York Injury Lawyer Blog. Inspections in Manhattan resulted in 72 vehicle infractions and more than 60 percent of drivers or buses were taken out of service.

"While the actions of a few should not tarnish an important and reliable industry, the memory of those who lost their lives in March demands that additional action be taken to safeguard the traveling public," said NYSDOT Commissioner Joan McDonald. "As always, drivers and buses found to be unsafe will be removed from the road."

Continue reading "Tour bus companies liable for hiring safe drivers to reduce risks of car and pedestrian accidents in Manhattan" »

It is probably the last thought on their minds but as the end of the school year nears, teens need to be reminded about traffic safety. No one wants their next road trip, the prom or summer vacation to end in a tragic car crash.

Our New York City personal injury lawyers know all about the shocking statistics associated with teen drivers, especially in the summer time.

The National Highway Traffic Safety Administration Fatality Analysis Reporting System (FARS) indicates the months of May through August are the most lethal of the year for teens ages 15 to 19. It is a sad reminder that nationally more teens die in a traffic crash than by any other means. In the summer time, on a daily basis roughly twice as many teens are killed in crashes than any other time of the year. It is clear that summer doesn't give teens a break when it comes to traffic accidents.

That is why May is designated as the National Youth Traffic Safety Month to kick off the summer reminding teens to be safe. Events, contests and promotions are held during May by the National Organizations for Youth Safety (NOYS) to urge teens to drive safely and emphasize the dangers out on the road.

Safe driving projects are taking place in local communities nationwide conducted by over 220 high school teams as part of the NOYS Act Out Loud contest. Teams are promoting anti-distracted driving campaigns with PSA's, school assemblies and creating music videos. They are also collecting X the TXT pledges which urge teens to put away the cell phones while driving. The winning team's local youth safety organization will get a cash prize of $10,000.

"There's no doubt that young people have the power to educate both their peers and adults about safe driving and safer roads," said NOYS Executive Director Sandy Spavone.

The winning Drive 2 Life Public Service Announcement was recently announced by the National Road Safety Foundation (NRSF) and NOYS. A 16-year old Arizona student won the first annual contest. She recently returned from New York where she got to assist with the making of her PSA that will air nationally during the month of May as part of National Youth Traffic Safety Month.

Continue reading "New York teens drive safely in May to honor National Youth Traffic Safety Month " »

Thousands of people experience spinal cord injuries in New York and throughout the country each year. The seriousness of these injuries often leaves victims with emotional and physical distress, as well as, a lifetime of medical costs. New York spinal cord injury attorney Nicholas Rose encourages victims to contact an experienced law firm to help get you the compensation you need to look after you and your family in the wake of a spinal cord injury.

The New York Post reports about a former Chinese gymnast who has filed a $1.8 billion lawsuit against Time Warner Inc. and the U.S. Gymnastics Federation for broken promises to take care of her after suffering a spinal cord injury in the 1998 Goodwill Games in New York. The gymnast who is now paralyzed, broke her neck during a warm-up routine on the vault at the games. The suit was filed against the media company and gymnastics organization for failure to carry proper insurance which in essence has caused her condition to deteriorate over the last 13 years according to The Wall Street Journal.

The burden of medical costs has left her without the necessary treatments and has caused the gymnast's condition to worsen over time.

Motor vehicle accidents (42 percent of cases) are the leading cause of spinal cord injuries. Falls (26.7 percent) and violence (15 percent) are other leading causes of the devastating injury.

Approximately 12,000 new spinal cord injury cases occur each year, which doesn't include the number of people who die on the way to the hospital. It is estimated that over a quarter of a million people are living with a spinal cord injury in the U.S. The average age for most injuries is 40 years old. Men are most often the victims.

The emotional stress of a spinal cord injury can not only stem from learning to adapt to the change in lifestyle but also from the financial burden suffered for the rest of your life. Paraplegics and quadriplegics need constant medical attention.

The following are statistics related to medical expenses for a spinal cord injury:

-Average inpatient rehabilitation stay is approximately 37 days.

-Medical costs include initial hospital stay, rehab, and continued medical care by a caregiver.

-The most severe spinal cord injury, tetraplegia, is estimated to cost $800,000 in the first year. If the injury is suffered at age 25, medical costs add up to over $3 million in their lifetime.

-Someone age 50 can sustain medical cost of almost $2 million.

-52 percent of individuals suffering from a spinal cord injury are covered by private health insurance.

-63 percent of spinal cord injury victims are unemployed within 8 years of sustaining the injury.

Continue reading "New York spinal cord injuries require immediate legal representation" »

Fall accidents are the leading cause of New York work injuries sustained at constructions sites.

Construction workers, as well as others who work in an industry with fall hazards, are reminded to speak to a New York personal injury lawyer or workers' compensation attorney when a New York construction accident leads to serious injury.

Occupational Health & Safety (OHS) recently announced the start of a citywide campaign in New York called "Experience is Not Enough". In an effort to reduce the number of fall accidents at constructions sites, workers are being encouraged to use netting, guardrails, and fall harnesses while working on the job. Employers have a responsibility to provide workers with the safety equipment necessary to minimize their risk of a fall accident while on the job. The launch of the multilingual campaign is in conjunction with the start of the Build Safe/Live Safe conference and the 7th Annual Construction Safety Week.

The Department of Buildings reported that 42 percent of all accidents at constructions sites were falls in 2010. Since 2008, 16 construction workers have died on the job due to employers being remiss in providing fall protection. Two ironworkers were recently killed in February after falling 65-feet during the installation of a steel beam at a work site. Later, investigators discovered safety harnesses on the site premises but employers failed to require workers to wear protection for their own safety.

"Experience alone does not make you invincible," said Building Commissioner Robert LiMandri. "A worker falling is a tragic accident that can be easily prevented, and this new campaign reminds workers and their supervisors to take steps in order to protect themselves, their colleagues, and the public. No matter how many years you have worked in construction, you can lose your life if the appropriate safety measures are not in place."

Posters and banners in multiple languages which include Spanish, Russian, Chinese, Polish and English are being posted throughout the city at different constructions sites in order to increase awareness and emphasize the use of fall protection on the job.

Employers at construction sites have a responsibility to make it company policy that fall protection devices such as guardrails, netting and harnesses should be used at all times. Failure to protect employees typically leads to senseless deaths and injuries on the job.

Continue reading "New York construction workers have a high risk of fall accidents, on-the-job injuries" »