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

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 … Read the rest

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

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 … Read the rest

Pediatricians Urge The Extension of Choking Prevention Strategies from Toys to Food

When considering the risk of young children choking, thoughts tend to center more upon toys than upon food. But that can cause the risk of choking on food to be overlooked. Statistics currently on the website of the Centers for Disease Control state that in 2000, 160 children ages 14 years or younger died from an obstruction of the respiratory … Read the rest

Injured Child Cannot Recover from Foster Parent on Claim Based Upon Negligent Supervision

It is a long-standing rule in New York that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. A major impact of this rule upon personal injury practice is that it precludes a defendant in a case brought on behalf of a minor from bringing a claim (by either a counterclaim or … Read the rest

NYC Department of Buildings Announces Construction Site Accident Statistics for 2009

New York City Buildings Commissioner announced an 84% decrease in fatal construction-related accidents in New York City in 2009 when compared to the previous year. However, the total number of construction-related accidents and injuries rose in 2009. The Department attributes the increase primarily to more accident reporting by industry members.

The total number of reported construction accidents rose from 151 … Read the rest

U.S. Consumer Product Safety Commission Reports Difficulties Enforcing Reduced Lead Level Limits in Children’s Toys

The Consumer Product Safety Improvement Act of 2008(CPSIA) directed the U.S. Consumer Product Safety Commission (CPSC) to assess and report to the House and Senate enforcement efforts, difficulties encountered, as well as recommendations for improvement to the lower numerical level limits for lead content of childrens products the CPSIA established.

The CPSC issued its report on January 15, 2010, noting … Read the rest

Does Anybody See Those On-Line NYC Buildings Department Advisories to Take Precautionary Steps at Construction Sites In Preparation for Gusts Of High Wind?

New York City didn’t get the snowstorm forecasted for this past weekend, but the City Department of Buildings issued whats become its customary and standard warning to contractors to secure construction sites when the forecast calls for severe weather and gusts of high winds.

A review of the Buildings Departments website reveals that it has been routinely issuing such advisories … Read the rest

Wiitis Is Not Just a Funny Name

Once in a while discussions about injuries resultant from playing Nintendos games are published. Ailments have humorously been labeled “Nintendinitis” and recently more specifically as “Wiiitis,” referring to Nintendos Wii video-game system. The Wii games console includes a wireless remote that detects movement in three dimensions for players participating in sports such as tennis, golf, boxing, baseball, and bowling. Wiitis … Read the rest

Attention Taxi Drivers in New York City: No Electronic Devices Allowed While Driving. Period. Or Else.

For more than ten years, Taxi and Limousine Commission rules have prohibited drivers from using cell phones while driving. In May, 1999, the Commission was the first regulator in the country to ban hands-free cell phone use while driving. Now the TLC has gone further. Effective January 29, 2010, the ban against licensees using a telephone while operating a vehicle … Read the rest