Window Washers Estate Wins Summary Judgment on Labor Law Violation in Scaffold Collapse

The case involving a 47-story fall of a scaffold where one of two brothers on it died and the other lived (albeit with catastrophic injuries) is wending its way through the court. This past week the estate of the deceased window washer was granted summary judgment pursuant to Labor Law 240(1) (the scaffold law) in Cumbicos v. Tractel Inc., 103247/08, NYLJ 1202473921555, at *1 (Sup., NY, Decided October 25, 2010). The decision highlights the utter carelessness of the company hired to maintain the scaffold for attempting to repair the ends of brand new cables that were delivered in defective condition … Read the rest

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

I’ve wondered about this. Before the law changed in 2003 and in most cases made abutting property owners, rather than the City of New York, responsible to those injured on sidewalks, I would explain to clients who had 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 … Read the rest

2010 National School Bus Safety Week Begins Next Monday, October 18

With the theme “Cross In View, It’s the Right Thing to Do!”, this years National School Bus Safety Week is October 18 22. Every weekday in the school year school transportation systems in the United States operate approximately 440,000 yellow school buses to provide safe transportation for more than 24 million school-aged children.

Each year more than 800 students are killed going to and from school. It is safer to ride the bus than not. For bus riders, there were 5 passenger fatalities and 15 pedestrian fatalities at school bus stops. For students not riding buses there were 448 fatalities … Read the rest

NYC Firefighters To Stop Using Lights And Sirens When Responding To Certain Non-Fire And Non-Life Threatening Emergencies

New York City’s fire trucks collided with other vehicles and with one another nearly 700 times last year. In an attempt to increase safety for firefighters and civilians by reducing the number of accidents caused while responding to non-fire and non-life threatening emergencies the New York City Fire Department is implementing a 3-month Modified Response pilot program in Queens effective October 4, 2010.

The new protocol increases the instances where the either none or at most one first-due units will respond at a reduced speed and obey all traffic regulations. All-out emergency responses will still apply for fires and medical … Read the rest

10 Million Fisher-Price Childrens Products Recalled Trikes, Infant Activity Centers, High Chairs and Toy Cars

One of the big news stories during the summer of 2007 was Mattel’s recall of nearly one million toys made in China because of lead paint. Other recalls followed almost immediately. These numbers pale in comparison to yesterday’s recall announced by the U.S. Consumer Product Safety Commission (CPSC) of TEN million Fisher-Price children’s products due to dangerous conditions posing choking and other hazards.

Fourteen models of the Fisher-Price Trikes and Tough Trikes toddler tricycles can cause serious injury, including genital bleeding when a child sits, strikes or falls on a pretend plastic ignition key that protrudes in front of the … Read the rest

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