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

U.S. Consumer Product Safety Commission to Get Involved in Improving Football Helmet Safety

Posted On Dec 12, 2010 @ 01:35 AM by SEO Admin

Football helmet safety standards are currently set by the National Operating Committee on Standards for Athletic Equipment (NOCSAE), a nonprofit corporation. The testing method used today is essentially the same as was established in the 1970s. The original goal was to prevent sudden death, skull fractures and brain bleeding in football, a goal that has been achieved. But the hot topic today in football is concussions, an injury todays football helmets cannot eliminate. The NFL acknowledged that the lack of a perfect helmet contributed to its decision to use big fines and the threat of suspensions to cut down on dangerous hits.Earlier this month Inez Tenenbaum, the head of the Consumer Product Safety Commission (CPSC) said at a Senate Commerce subcommittee hearing that her agency is working to impr

U.S. Consumer Product Safety Commission Advises General Rules for Holiday Safety

Posted On Dec 2, 2010 @ 08:51 PM by SEO Admin

Trees, snow, lights, candles, trimmings, fires and paper are all signs of the season. They are also potential hazards. With safety in mind, the U.S. Consumer Product Safety Commission has posted on its website a pamphlet with highly useful information about enjoying these seasonal activities. The pamphlet includes some General Rules for Holiday Safety, as follows: Keep matches, lighters, and candles out of the reach of children. Avoid smoking near flammable decorations. Make an emergency plan to use if a fire breaks out anywhere in the home. See that each family member knows what to do. PRACTICE THE PLAN! Avoid wearing loose flowing clothesparticularly long, open sleevesnear open flames - such as those of a fireplace, stove, or candlelit table. Never burn candles near evergreens. Burning evergreens in the fireplace can also be hazardous. When dry, greens burn like tinder. Flames can flare out of control, and send sparks flying into

Weight of Falling Object, Not Just Height Differential, Can Implicate Absolute Liability Under Labor Law

Posted On Nov 30, 2010 @ 03:21 AM by SEO Admin

The 39-foot, 1,300-pound rail fell only 12-16 inches onto plaintiffs right leg. It occurred when the plaintiff and his coworkers were using rail hooks to move the rail on top of another rail at the Steinway subway station in Queens. Upon the callman's signal, the plaintiff's coworkers began lifting the rail off the ground, but the plaintiff's hooks were not in place and he was not ready to begin lifting. This allegedly caused the team to lose control of the rail and resulted in the rail falling. Under this scenario, there is an issue of fact whether Labor Law 240(1) applies, holds the Second Department in Gutman v. City of New York, 2010 WL 4678914 (November 16, 2010).

The defendants contended that the 12-16 inch height differential was insufficient to implicate the Tagged with: Personal Injury Construction Accidents Construction Accident Labor Law

Appellate Division Lets Plaintiff Keep $1.2 of $1.75 Million Verdict for 1-2 Hours of Decedents Pain and Suffering

Posted On Nov 25, 2010 @ 04:30 AM by Ira Slavit

In Dowd vs. New York City Transit Authority, 2010 WL 4678916 (November 16, 2010), the 79-year old decedent was struck by a bus that was backing out of a parking space at the bus terminal located at 165th Street and Merrick Boulevard in Queens. Part of the maneuver needed to exit from the parking space required a bus operator to reverse the bus, encroaching on the sidewalk that ran along Merrick Boulevard, before moving forward to exit on 89th Avenue. Because of a blind spot directly behind the bus, bus operators are advised that they are to ask a responsible person to guide them when they are backing up, and to avoid backing up a bus alone. The accident occurred at 6:20 A.M. on June 2, 2006, when the bus driver sounded his horn and reversed slowly out of the spot with the reverse alarm automatically sounding. The

Five-Year Old Big Apple Map Held Not Too Old to Create Prior Written Notice Against NYC for Sidewalk Defect

Posted On Oct 26, 2010 @ 11:43 PM by SEO Admin

Ive wondered about this. Beforethe law changed in 2003 and in most cases made abutting property owners, rather than the Cityof New York,responsible to those injured on sidewalks, Iwouldexplain to clients whohad fallen on a public sidewalk in the City that the City would not be liable (assuming it did not create the condition) unless it had received prior written notice of the defect,clients would ask Who would do that? Clients were happy to hear the answer: The Big Apple Sidewalk and Pothole Protection Corp. which prepared and filed maps showing the locations of sidewalk defects. But when the law changed, Big Apple stopped filing the maps. Current accidents where liability against th

More Statistics From the National Census of Fatal Occupational Injuries - Falls, Construction Workers, Minority Workers

Posted On Sep 14, 2010 @ 11:46 PM by SEO Admin

Certain statistics from the Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor preliminary results of its 2009 National Census of Fatal Occupational Injuries warrant more attention than in our last blog post. Thestudy contains specific tables analyzing fatal falls by the type of falls, fatal work injuries in the private construction industry by the type of work being performed, and the demographic relationship between workers and fatalities. Fatal falls by type of falls: From ladder - 20% From roof

Workplace Injuries in 2009 at Their Lowest Since Being First Compiled in 1992

Posted On Sep 11, 2010 @ 03:08 AM by SEO Admin

The Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor released its preliminary results of its 2009 National Census of Fatal Occupational Injuries last month. A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992. The B.L.S. suggested some economic explanations rather than better safety practices for the results. The B.L.S. noted that total hours worked fell by 6 percent in 2009 following a 1 percent decline in 2008. In addition, some industries that have historically accounted for a significant share of fatal work injuries, such a

Plan for Pedestrian-Friendly New York City Streets

Posted On Sep 1, 2010 @ 11:59 AM by Ira Slavit

Last week we posted a blog concerning the NYC Pedestrian Safety Study conducted by the New York City Department of Transportation. Based on the study's findings, the DOT has made several action plan recommendations to continue to drive down pedestrian traffic fatalities and ensure New York City truly has world class streets that are safe for everyone. This plan includes, the installation of countdown pedestrian signals at 1,500 intersections around the city, re-engineering 60 miles of streets for greater pedestrian safety, according to corridor crash data and 20 intersections for pedestrian safety o

Proposed Seat Belt Requirement: Old Hat in Japan

Posted On Aug 30, 2010 @ 11:37 AM by SEO Admin

Last week we posted a blog discussing the U.S. Department of Transportation proposal requiring seat belts in buses to attempt to reduce bus accident fatalities. Coincidentally, I'm in Japan on a tour bus equipped with a seat belt. In and of itself barely noteworthy, except that as we're about to enter a highway, the tour guide announced that everyone should put on their seatbelt. Apparently, in Japan wearing a seatbelt on a bus that is travelling on a highway is required. We're now buckled up on a bus taking us to a Ninja Museum. Supposedly there are real ninjas there, wearing pink day-glow outfits. My kids can't wait. Sayonara

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

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