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Levine and Slavit, PLLC - Blog

Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

Perhaps Sling Carriers for Babies Should be Banned Until a Mandatory Safety Standard is Developed

Posted On Jun 5, 2010 @ 11:44 PM by SEO Admin

Baby slings - soft fabrics that wrap around the chest so that busy parents can carry their babies or just stay close as they bond with their infants are potentially dangerous products that continue to be of great concern. This past week the U.S. Consumer Product Safety Commission (CPSC) announced the recall of about 40 Sprout Stuff infant ring slings. The CPSC advised consumers to immediately stop using Sprout Stuff infant ring slings due to a risk of suffocation to infants. This recall follows one on March 24, 2010 by Infantino LLC, of more than one million Infantino SlingRider and Wendy Bellissimo infant slings. Also in March, the CPSC issued a warning about these potentially dangerous products, advising parents and caregivers to be cautious when using infant slings for

Older Pedestrians Are Far More Likely To Be Killed While Walking Than Younger Ones

Posted On May 23, 2010 @ 11:19 PM by SEO Admin

Between 2006 and 2008, 290 pedestrians aged 60 years and older were killed in motor vehicle accidents on downstate New York roads. Though comprising just over 17 percent of the areas population, people aged 60 and older accounted for 42 percent of the total pedestrian fatalities during the three-year period. Those aged 75 years and older represent less than 6 percent of the downstate New Yorks population, but nearly 20 percent of pedestrian deaths. Details are contained in a report released earlier this month by Tri-State Transportation Campaign titled The Most Dangerous Roads for Walking. Fatality rates for older pedestrians Tagged with: Personal Injury Motor Vehicle Accidents Pedestrian Car Accident Wrongful Death

Accident Injuring 4 Herricks High School Students Underscores Importance of Having Substantial Uninsured Motorists Coverage

Posted On May 20, 2010 @ 09:36 PM by SEO Admin

New York State mandates that every policy of liability insurance issued to a motor vehicle provide Supplementary Uninsured Motorists (SUM) coverage. This coverage protects policyholders and residents of their household when a negligent party is either uninsured or has a smaller amount of liability coverage than the amount of SUM coverage. One of the advantages of SUM coverage is that it affords coverage to the policyholder and his or her household members even if the insured vehicle is not involved in the motor vehicle accident. Unfortunately, a prime example of this kind of situation where SUM coverage comes into play occurred yesterday evening when four Herricks High School students,

Will New York City Try to Claim Limitation of Liability on Yesterday's Staten Island Ferry Crash?

Posted On May 9, 2010 @ 10:22 PM by SEO Admin

On October 15, 2003, the Staten Island Ferry vessel Andrew J. Barberi missed its dock and hit a maintenance pier at full speed. Eleven people were killed and 71 injured, some critically. Yesterday the same ferry lost some of its engine ability to slow and stop and slammed into a pier. Nearly 40 people of the 252 people on board were taken to hospitals. People were treated for injuries including cuts, bruises, broken bones and head trauma. After the first crash, which resulted when the ships pilot became incapacitated and no other crew member was in position to help, the City of New York unsuccessfully tried to claim that its liability to those who sustained personal injuries was limited to the value of the vessel and pending freight pursuant to an 1851 federal statute. Had the City been successful, its liability would have been limited to $14.4 million, far less than what it has paid and will pay for the injuries sustained in that accident. The pilot, who had been i

Danger on the Tracks: Subway Dead Mans Switch Avoids Catastrophe

Posted On May 5, 2010 @ 08:37 AM by SEO Admin

The dead mans switch is a handle the subway operator must keep depressed while the train is in motion. If the train operator lets go, the train will stop immediately as if an emergency brake was pulled. Every subway train comes equipped with a dead mans switch. Last week a motorman of a G train in Long Island City was pulling out of the Court Square station when it suddenly stopped. The conductor walked to the cab and found the motorman unconscious, having suffered a fatal heart attack while the train was in motion. Because the train automatically stopped there were no injuries. In another incident, last Mondaytrack crew supervisor James Knell, 45, was electrocuted when he fell onto the electrified third rail on the elevated Rockaway Shuttle.Under NYC Transit's own safety rules, Knell shouldn't have been working near the uncovered third rail because of the wet conditions tha

Tagged with: Personal Injury Events

Should You Have That Back Surgery?

Posted On Apr 8, 2010 @ 01:00 AM by SEO Admin

Deciding whether to have back surgery after a motor vehicle or other type of accident is a decision our clients often have to make. It is usually not an easy decision. No doctor in his or her right mind will guarantee the results of surgery to the contrary, in making sure not to do so, many doctors scare their patients when rightfully advising them that they may feel worse after the surgery. More than one client who had surgery have lamented that they wish they never had the surgery, especially when spinal fusion has been performed. Their concerns have been confirmed in a just released study that shows that invasive fusion procedures are associated with a higher risk of life threatening complications. The study was published in

An Extreme, If Not Perfect, Storm This Past Weekend: Anyone Liable?

Posted On Mar 16, 2010 @ 10:31 AM by SEO Admin

Amongst the most compelling aspects of this weekends historically strong storm is the number of fatalities that resulted from falling trees. Six people were reported to have been killed as a result of the storm that knocked down hundreds of trees in the New York City area. Any attempt to sue the owner of the trees for personal injuries or wrongful death will likely be met with the defense that the storm was so unusually violent a wind gust of hurricane force (75 MPH) was recorded at Kennedy Airport that the tree falling was an Act of God for which no person can be blamed negligence. But even conceding the unusual circumstances, that may not be the end of the case.

Property owners have a duty to maintain their property, including trees situated thereon, in a reasonably safe condition.

More McDonalds Cases for the Late Night Comics?

Posted On Mar 13, 2010 @ 08:20 PM by SEO Admin

At first it was coffee. Now its chicken sandwiches and cancer. Perhaps the greatest propaganda tool for the insurance industry in its self-serving campaign against supposedly frivolous lawsuits is the so-called McDonalds Case where the plaintiff sued for spilling hot coffee on herself. Never mind the hundreds and hundreds of prior complaints against the coffee McDonalds deliberately super-heated in order to keep customers from realizing just how bad it tasted, or the third-degree burns to sensitive, private areas requiring grafting. Carnival operator Frank Sutton sued McDonalds after suffering burns to his lips when he bit into a chicken sandwich at a McDonald's at a truck stop in the far corner of southwest Virginia. Grease supposedly flew all over the inside of his mouth. He says the scars are still visible on his lower lip and that he has to take precautions to keep it out of the sun to avoid further damage. The U.S. District Court dismissed the l

More Stringent Requirements for Carbon Monoxide Detectors In Effect in New York State

Posted On Feb 28, 2010 @ 11:54 AM by SEO Admin

On July 30, 2002 legislation requiring the installation of carbon monoxide detectors in all new residential construction in New York was signed into law. The law required new construction to contain at least one carbon monoxide detector. But spurred by the tragic death of Amanda Hansen, a 16-year-old West Seneca, NY girl who died January 20, 2009 from carbon monoxide poisoning from a defective boiler while sleeping at a friends house, Amandas Law went into effect on February 22, 2010. It requires essentially all residences, both new and existing, to have a carbon monoxide alarm installed, and new construction to sometimes have more than one. Existing one and two family residences will be required to have one carbon monoxide alarm installed on the lowest story having a sleeping area. In new construction,dwellings constructed on or after January 1, 2008, a carbon monoxide alarm shall be installed on each story having a sleeping area and on each story where a ca

Levine & Slavit on the Front Page of Today's New York Law Journal

Posted On Feb 26, 2010 @ 04:04 PM by SEO Admin

One of our negligent security cases, Benson v. Monte Carlo, LLC, (Nassau County, Supreme Court Index # 016489/2007) made the front page of today's New York Law Journal. We successfully opposed the defendant's motion for summary judgment, and an article appears in the newspaper discussing the decision of Hon. Thomas Feinman, dated February 23, 2010, that denied the motion. Our clien

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