Criminal/Civil Cases Possible in Elevator-Death
A criminal investigation has been launched by the Manhattan District Attorney in the tragic elevator death of an advertising executive at Y&R. Suzanne Hart was killed when the elevator at Y&R’s Madison Avenue headquarters crushed her between the first and second floors on December 14.
Initial reports said there were no “safety issues” when the elevator was last inspected in June, 2011. But Tony Sclafani, a spokesperson for the Department of Buildings, said that there were many violations issued in the past but all were for “administrative or non-hazardous conditions.” In the aftermath, 11 violations were written against the building’s 13 elevators.
According to the New York Post, the only violation written against the elevator that killed Ms. Hart, was one regarding problems with paperwork. Other, “more serious” issues were found on the 25-story building’s other elevators. Continue reading
In a place that is supposed to nurture, child drowns in pool
Parents in New York and across the country are naturally concerned with safety issues that relate to their school children. It is always terrible when a school child is injured or dies during some school activity. Great shock and disbelief were the first reactions by students, teachers and parents in East Hartford, Connecticut, to recent news of a student drowning in their high school pool.
Legal responsibility issues for cases like this student drowning are addressed under laws of premises liability. When a child is in an environment where parents assume they are safe, such as a school, parents rightly expect that all reasonable precautions have been taken at that facility to assure child safety. The death of a young person is tragic and unexpected, and grief over that tragedy can affect an entire community. Continue reading
Mix-up at pill plant could impact health of New York consumers
A pharmaceutical company has become concerned about potential product liability that may result from the mix-up of several of its prescription pain pills and over-the counter medicines. This story is worth paying attention to because the underlying facts could affect the healths of New York residents.
Novartis, the Swiss pharmaceutical company, operates a drug manufacturing plant in Nebraska. That plant was shut down last week as a result of numerous complaints that mistakes had been made with respect to several of the products made at the facility. Continue reading
Starbucks to pay out for slip-and-fall accident
Residents in New York and across the country are familiar with the feeling that there is a Starbucks around every corner. That feeling is not too far off from the truth with the thousands of coffee shop locations operated under the name across the country.
The very profitable coffee mega-giant is going to have to pay out some mega bucks after a jury awarded a chiropractor $7.5 million in a slip-and-fall lawsuit. Continue reading
New York elevator accident continues to affect workers
We have been following the story of the Dec. 14 elevator accident that took the life of a New York woman. The woman had stepped onto the elevator at the exact moment in which it spontaneously began to rise, trapping the woman between the bottom of the elevator and the ceiling of the floor above.
The premises liability tragedy has affected many more people than just the woman and her family. We often forget that accidents such as these generally do not occur in isolation. There are more often than not many witnesses to these events, especially in New York City. Continue reading
Specific Build-A-Bears may not be so snuggly, declared a hazard
The U.S. Consumer Product Safety Commission is a governmental agency that helps to protect the public from the unreasonable risk of injury or death that could result from dangerous products released into the stream of commerce.
The Build-A-Bear experience has become very popular amongst young children who love the brightly lit store filled with sensory stimulating bold colors and soft and snuggly stuffed bears. Children in New York and across the nation especially love the part of the experience where they can design and create their own bear. Some of those bears may not be as comforting as originally thought after a recall of the Colorful Hears Teddy Bears line was announced. Continue reading
UPDATE: New York elevator firm sued after fatal accident
In a prior post, we reported the news that a woman had lost her life on a New York elevator on Dec. 14. The woman had stepped onto the elevator at the same moment that it spontaneously began to rise. The 41-year-old woman was crushed between the floor of the elevator and the ceiling above.
Almost immediately after the fatal accident occurred, there was speculation as to whether or not faulty repair work was to blame for causing the accident. An inspection report had been conducted on June 16, 2011 which noted that there was a “defect found” although it was unclear as to what the defect referred to. Continue reading
Senate joins attempt to pass bus safety bill after horrific accidents
A recent series of horrific bus accidents, including one in New York that killed 15 people and injured 18 others in March, 2011, has spurred some members of Congress to try to take action. It is an uphill battle, though, and the proposed bus safety legislation faces strong opposition.
A disproportionate number of fatalities are occurring in curbside tour buses, which pick up passengers on the street rather than in bus terminals. Curbside buses have a crash fatality rate that is seven times higher than that of traditional terminal-based buses. Continue reading
NYC Executive Killed in Elevator Accident – Premises Liability or Tragic Accident?
Last week a New York City advertising executive was killed moments after she got her foot stuck in an elevator. The elevator she was boarding in the lobby suddenly malfunctioned and with a burst of speed shot upward before the doors closed. She was pinned between the elevator cab and the wall. Electrical experts say that any number of electrical problems could have caused this tragedy. The law firm of Omrani & Taub, P.C. will be following this incident to discover more information as an investigation gets under way.
In another story, an elevator repairman was criminally charged when a woman was seriously injured in an elevator accident last Christmas. According to court papers, the repairman disabled a safety switch that was supposed to prevent the elevator’s movement while the door is open.
Although not as common as motor vehicle accidents, elevator accidents occur more often than people think. Malfunctions such as doors closing on a person, sudden acceleration, free fall of the elevator car down the shaft, or a sudden drop can inflict serious injuries to a person. An individual riding an elevator has every right to assume the elevator will not malfunction. The elevator doors should not shut when there is something [or someone] between them. In fact, elevator accidents would not happen if elevators are properly manufactured and installed, and routinely maintained and inspected. As such, property owners are duty-bound to properly maintain and service their elevators to ensure people’s safety.
Any person riding an elevator can fall victim to an elevator accident. If you or a loved one were injured in an elevator accident, you should immediately speak with a personal injury lawyer who is experienced in elevator accident cases. At the Law Offices of Omrani & Taub P.C. our attorneys are experienced in handling elevator-related accident cases. Our attorneys have the right expertise and resources to investigate the circumstances surrounding your accident, and aggressively represent your right to attain the maximum compensation you deserve.
Nuts & Bolts of Motorcycle Accidents in New York
Motorcycles, as a mode of transportation, have gained popularity in recent years in the U.S and especially in New York. However, there has also been a steady increase in motorcycle related accidents and injuries. The unfortunate reality is that there still seems to be a prejudice towards motorcycle riders when it comes to accidents and apportioning liability. Many “non-riders” upon hearing about a motorcycle accident will wrongfully assume it was the motorcyclist’s fault because “those things are dangerous.” Or that “the rider must have been reckless.” These opinions are usually far from the truth. In fact, according to The Hurt Report [aka Motorcycle Accident Cause Factors and Identification of Countermeasures]:
• 75% of motorcycle accidents involve a collision with another vehicle and out of those accidents approximately 67% of the accidents were caused because the driver of the other vehicle violated the motorcycle’s right-of-way.
• The failure of motorist to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents.
• The most frequent accident configuration is the motorcycle proceeding straight then the automobile makes a left turn in front of the oncoming motorcycle.
• The median pre-crash speed of a motorcycle is 29.8 mph and the median crash speed was 21.5mph.
Besides the fact that a motorcycle rider is more often than not the innocent victim of an accident-he or she is often faced with unexpected medical bills which are not covered by their motorcycle insurance policy. These bills will have to be litigated along with the rider’s claim for lost wages as well as any claim for pain and suffering.
If you believe that you were injured because of another driver’s negligence you do have legal rights -even if you are not a licensed motorcycle operator, you should always contact an attorney to discuss your possible remedies at law.
When trying to find an attorney, always make sure the law firm has the proper experience and expertise and has handled many motorcycle accident cases, as these can easily become very complicated. In addition, look for an attorney who can successfully argue against the preconceived prejudices toward riders by educating jurors as well as insurance company representatives, about the facts surrounding motorcycle accidents. The personal injury attorneys at Omrani & Taub, P.C., have successfully handled numerous cases for motorcyclists. For a free consultation clients should contact the office at 212-714-1515 or 212-529-7848 (that’s 212-LAW-SUIT).
It may be a slippery Christmas for New York shop owners
It has been an unusually warm start to the winter this season. While last year set record snowfalls across the country, this year there has barely been anything to measure. Residents in New York are hoping that they will see snow for Christmas and the forecast shows at least some precipitation.
Whether it is rain or snow, when more precipitation falls more slush is tracked into stores across the city. Store owners have a duty to keep their floors free of slippery slush that could result in slip and fall accidents and injury to patrons. Continue reading
Family says restraints could have saved NY construction worker
In New York, a construction accident involving a worker who was killed after a wind gust blew him off a roof apparently involved employer negligence and liability as described by personal injury laws. The family of the deceased worker is suing the subcontracting firm, claiming employer negligence in failing to provide any type of safety protection for the worker to prevent a fall.
The 36-year-old worker fell over 50 feet onto a concrete slab and died at the scene. In this lawsuit, personal injury claims are also being made against the development partnership owners of the property as co-defendants. Under Occupational Safety and Health Administration regulations and laws designed to protect workers from on-the-job injuries, there should have been adequate protection provided to prevent this fall. Protection could have been provided with restraining devices or a safety harness configuration for that worker. Continue reading