Last year, there were two fatal in New York City, as well as dozens of others throughout the country, including Houston, Las Vegas and MiamiIn an effort to track equipment failures, manufacturers’ recalls, accidents and industry trends, the New York City Buildings Department recently announced an unprecedented partnership with the cities of Chicago and Philadelphia to share critical data on tower cranes erected within their borders. At present, there are more than 50 active tower cranes in New York City, Chicago and Philadelphia. Under the information-sharing agreement, building officials will share information about the design and operation of active tower cranes, as well as other important details, such as crane equipment failures, manufacturer recalls, operational trends and accidents. (more…)

In a press release dated June 16, 2009, the U.S. Food and Drug Administration (FDA) advised consumers to stop use of three over-the-counter Zicam Cold Remedy products: nasal gel, nasal swabs and the discontinued “kids size” swabs. The FDA’s advisory stated that the products are associated with the loss of sense of smell, called anosmia. Anosmia may be long-lasting or permanent. In addition to a loss of the sense of smell, patients have also complained of a loss of the sense of taste. The FDA has received more than 130 reports of loss of sense of smell associated with the use of these three Zicam products.   Many people experienced a loss of smell said the condition with the first dose; others reported a loss of the sense of smell after multiple uses. (more…)

Anyone walking the streets of Manhattan is aware of the prevalence of pedicabs, pedal-powered tourist-friendly tricycles. Pedicab owners estimate that there were about 1,000 pedicabs in the city. But what if someone suffers personal injuries while a passenger in one or is involved in an accident with one? Who will pay for the injuries and damage caused? New York State has financial responsibility requirements for motor vehicles and motorcycles. Not so for pedicabs. In an effort to change that, the city will move forward with its long-stalled regulation of pedicabs by establishing a licensing procedure. (more…)

A recent article by Jennifer Steinhauer of The New York Times discusses the dangers middle school students face when they become pedestrians when the school bell rings. The number of serious traffic incidents involving schoolchildren across the 900 Los Angeles public schools has significantly increased, particularly around middle schools. From January to November 2008, there were 153 traffic-related injuries around schools, which Los Angeles public school officials said was much higher than five years ago. Last year, two eighth-grade girls in Wilmington, near the Port of Los Angeles, were hit by vehicles near school, and one girl was left partly paralyzed. (more…)

Known as “The Hayley Ng and Diego Martinez Law”, bills have been introduced in the Assembly (A.7917) and the Senate (S.5292) establishing the offense of careless driving under a new section 1146-b to the Vehicle and Traffic Law (“VTL”), and imposing penalties when a violation results in the serious injury or death of a vulnerable user of a public way. The law defines careless driving as driving without due care or in a manner that endangers or would be likely to endanger any person or property. A vulnerable user is defined as a pedestrian, highway worker, person riding an animal, or person operating a farm tractor, skateboard, roller or inline skates, scooter or bicycle on a public way, crosswalk, or highway shoulder (new section 159-a of the VTL). Passage of the law is being heavily supported by civic organizations such as CHEKPEDS (Clinton Hell’s Kitchen coalition for Pedestrian Safety) and Transportation Alternatives. (more…)

The U.S. Open golf tournament is scheduled to be played on the Black Course at Bethpage State Park on June 15-21, 2009. The LIRR is posting ads at stations and in newspapers, making extra announcements and distributing fliers telling riders to “watch the gap” between train doors and the station platform. Although New Yorkers can hear the announcements to watch the gap in their sleep, the LIRR is concerned that the many out-of-towners who come to attend the golf tournament will not be aware of the problem. Newsday has reported that an investigation by the newspaper found that there were more than 800 gap accidents from 1995 to early 2007. (more…)

Year ago our office represented the estate of Randolph Walker, who was run over and killed by a New York City Apple Tours bus in an accident that received much coverage in the press at the time. The circumstances were abhorrent and the company was effectively put out of business by the city after this accident.  Just yesterday we were contacted by a community organization called CHEKPEDS (Clinton Hell’s Kitchen coalition for Pedestrian Safety) and advised that a “Pedestrian Memorial March” will be held this Saturday, June 13, 2009, in memory of 6 pedestrians killed by careless drivers on Ninth Avenue.  The march starts at 2:00 P.M. and will proceed on the west side of Ninth Avenue from 45th to 36th Streets. (more…)

Identical bills have been introduced in the New York State Senate (S04603) and Assembly (A8154) that would require the New York City Housing Authority (“NYCHA”) to place door or zone restrictors on its nearly 3,340 elevators. The devices prevent people trapped inside stalled elevators from opening the cab doors by locking the cab door when an elevator is not aligned with a floor landing. The devices operate even when an elevator loses power because they do not rely on electricity.   The bills come on the heels of a class action lawsuit filed in the United States Court for the Eastern District of New York on April 21, 2009 to force the New York City Housing Authority to repair and maintain its more than 3,300 elevators. (more…)

An employee who claims to have suffered injuries proximately caused by a previously identified and unremedied structural defect or unsafe condition affecting an item of power-operated heavy equipment or machinery has stated a cause of action under Labor Law §241(6) based on an alleged violation of 12 NYCRR 23-9.2(a), held the Court of Appeals in Misicki v. Caradonna, — N.E.2d —-, 2009 WL 1286012 (N.Y.), 2009 N.Y. Slip Op. 03764 (May 12, 2009).  The Appellate Division, Fourth Department, had been the only one of the four Appellate Divisions to rule that a violation of the rule and regulation promulgated by the Commissioner of the Department of Labor regarding the maintenance of Power-0perated Heavy Equipment or Machinery invoked the protections of Labor Law §241(6). The Court of Appeals, however, recently held that it was the Fourth Department, and not the First, Second and Third Departments, that was correct. (more…)

A principal underlying assumption regarding limits on and ethics guidelines addressing pharmaceutical promotion is that smaller gifts are unlikely to exert influence on prescribing decisions. Nonetheless, a substantial body of marketing and psychology literature suggests that even trivial items can exert influence irrespective of economic value. Adding a small gift such as personalized mailing labels, a pen or a coffee mug to a solicitation for donations has been shown to significantly increase donations. These types of gifts can also influence prescribing behavior, according to a study that appears in The Archives of Internal Medicine. (Arch Intern Med. 2009;169(9):887-893). The experiment found that exposure to these items results in more favorable attitudes toward marketed products and that medical school policies that restrict pharmaceutical marketing mitigate this effect. (more…)