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Personal Injury Law

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Last Entry: May 23, 2010 at 23:19:20

Should Television Ads for Chantix Be Required to State That Its Side Effects are the Subject of an FDA ?Black Box??

Posted on September 11, 2009
Yesterday morning an advertisement for smoking cessation drug Chantix came on my television. The ad featured a man extolling how much better his life is now that Chantix (and support, slips in the ad) has helped him kick his smoking habit. Then an announcer came on and read, for what seemed like an extraordinary time [...

Nassau County?s Red-Light Cameras Catch Red Light and Right on Red Violators: Will They Really Improve Traffic Safety or Mostly Generate Revenue for the County?

Posted on September 09, 2009
Beginning on Thursday, August 6, 2009, Nassau County on Long Island initiated a red-light camera program, with cameras placed above two intersections to videotape motor vehicles running red lights and send tickets to the vehicles? owners. It has now come to light that the cameras are not just catching red light violators ? they are [...

Personal Injury Lawsuits in Dallas Cowboy Roof Collapse; Low Scoreboard OK for this Season

Posted on September 06, 2009
A Dallas Cowboys scouting assistant paralyzed and a special teams coach whose neck was broken in the May 2, 2009, collapse of the team?s practice facility due to high winds filed separate lawsuits against the Pennsylvania-based company that built the structure and several other companies involved in the construction and maintenance...

New York City Launches International Design Competition For A Safer, More Appealing Sidewalk Shed of the Future

Posted on September 02, 2009
Sidewalk sheds are typically wooden structures (nowadays usually painted blue) built over public space to protect pedestrians during construction activity. Walking around Manhattan while trying to avoid walking under a sidewalk shed can be a true challenge...

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Suffolk County Nation?s First County to Ban Electronic Cigarettes from Minors and From Public Indoor Spaces

Posted on August 31, 2009
On August 18, 2009, the Sullolk County Legislature voted to ban electronic cigarettes from public indoor spaces where ‘traditional forms of smoking are already disallowed,’ but allows adults to use the devices anywhere cigarette smoking is permitted...

Four New York Juvenile Detention Centers Use Excessive Force and Restraints, Concludes U.S. Department of Justice

Posted on August 29, 2009
A report of the Civil Rights Division of the Civil Rights Division?s investigation of conditions at four Office of Children and Family Services (?OCFS?) facilities found conditions violate constitutional standards in the areas of protection from harm and mental health care...

N.Y.C. Departmentof Buildings? Special Enforcement Team Does Its Job - Prevents Potentially Disastrous Hotel Fires

Posted on August 26, 2009
The N.Y.C. Department of Buildings has suspended the license of Master Electrician Robert Spallino?s and fined him $100,000 after determining he installed cheap, illegal wooden parts, instead of the metal, insulated collars required by the Electrical Code, inside the electrical systems of five high-rise hotels in midtown Manhattan...

Comprehensive Set of Regulations For The Pedicab Industry Signed Into Law

Posted on August 22, 2009
Pedicabs, the three-wheel pedaled vehicles with a carriage in the back have gone unregulated for years in New York City. They are increasingly popular among tourists and New Yorkers ? in fact, our office has recently been contacted via the internet from Australia on behalf of a visitor who sustained injuries, including a broken collar [...

Continuing Violation Doctrine Can Extend Prisoner?s Time to Bring Claim Alleging Medical Indifference to His ?Paralyzed Hands? That He Had Used to Discharge Murder Weapon

Posted on August 20, 2009
Jose J. Shomo was convicted in New York State court, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentenced as a persistent violent felony offender to concurrent terms of 25 years to life...

District Attorney Unsuccessfully Attempts to Prosecute Charges Carrying Maximum Penalty Against Taxi Driver for Fatal Accident

Posted on August 17, 2009
In 2006, Hassan Afzal, was involved in an accident while driving a taxicab on West Street (a/k/a the West Side Highway) in the vicinity of West Houston Street in Manhattan. Mr. Afzal had a history of seizures that he failed to disclose in applications that he filed for a taxi license...

Take Me Out to the Ball Game, Take Me Out to the Crowd, Buy Me Some Peanuts and a Helmet

Posted on August 12, 2009
Two stories recently in the news raise questions about what risks are assumed by baseball fans attending games.� One story involves a minor-league game last year, at which pitcher Julio Castillo threw a baseball that went into the stands during an on-field melee in Ohio, striking a fan who suffered a concussion...

A 100th Birthday and Lessons Learned

Posted on August 09, 2009
Today marks what would have been the 100th birthday of our founder, Louis H. Levine. It?s hard to imagine that on this day 100 years ago he was just starting out, and how different the world was in 1909 and all the things that have happened since then...

Court of Appeals Reverses: No Liability Where Violation of Leash Law Without Pet Owner’s Prior Notice of Pet’s Vicious Propensity

Posted on August 07, 2009
Last year we wrote a blog about the case of Petrone v. Fernandez, 53 A.D.3d 221, 862 N.Y.S.2d 522 (2009), an Appellate Division, Second Department decision that held that liability can be imposed when the leash law violation is coupled with affirmative canine behavior such as a dog bite, or an attack upon the plaintiff, [...

How Distracting is a Cell Phone Really to a Driver? Naturalistic Driving Studies and Driving Simulator Tests Don’t Agree

Posted on August 03, 2009
Naturalistic driving studies that record drivers (through continuous video and kinematic sensors in participants? personal vehicles) in actual driving situations�are a scientific method to study driver behavior in real-world driving conditions in the presence of real-world daily pressures...

Transportation Alternatives, Advocate for Bicycling, Walking and Public Transit, Releases Report Decrying Gaps in Deterrence of Dangerous Driving and Makes Sensible Recommendations

Posted on July 30, 2009
Earlier this month, Transportation Alternatives (TA) released Executive Order: A Mayoral Strategy for Traffic Safety, which TA says shows startling gaps in the way NYC deters the most dangerous driving behaviors. TA?s stated mission is to reclaim New York City’s streets from the automobile, and to advocate for bicycling, walking and public transit as the [...

New York?s Statutes Aimed at Protecting Construction Workers Held to Apply to Accident on Indian Reservation

Posted on July 26, 2009
In Alexander v. Hart, — N.Y.S.2d —-, 2009 WL 1955556, 2009 N.Y. Slip Op. 05716 (N.Y.A.D. 3 Dept., 2009) the plaintiff, a service technician, fell while working on a rooftop heating, ventilation and air conditioning unit at defendants’ fitness center on the St...

The Government?s Deadly Secret: Hands-Free Cell Phones No Less Distracting Than Handheld Devices

Posted on July 23, 2009
While driving on the highways in the New York metropolitan area, have you noticed that when the overhead highway electronic traffic signs have no traffic jams to report, they warn that only hands-free devices can legally be used? While happy to not have to deal with a traffic jam, who knew that this seemingly friendly [...

Report Debunks the Myths of Medical Malpractice Litigation and Health Care Costs and Shows that Most Compensated Injuries are Extremely Serious

Posted on July 20, 2009
?If you spend an hour reading this report, chances are that five to 11 Americans will die from preventable medical errors by the time you finish. Chances also are better than 50-50 that not a single malpractice payment will be made as a result of any of these avoidable deaths...

Gas Buyers, Ever Wonder Who Checks the Pumps For Accuracy? (Who Checks the High Price, You Ask? Fuggedaboudit!)

Posted on July 16, 2009
Under New York City?s Weights and Measures law, the Department of Consumer Affairs (DCA) tests all gas pumps for accuracy. In the past year, DCA has performed more than 1,800 gas station inspections, checking more than 12,000 individual gas pumps throughout the five boroughs...

Brain-Computer Interface Research Used for Speech Prosthesis to Assist ?Locked-In? Motor Vehicle Accident Victim

Posted on July 13, 2009
Around midnight on November 5, 1999, Erik Ramsey was a passenger in a friend?s Camaro that was in an accident with another vehicle and flipped and landed on an embankment. His injuries were devastating - a collapsed lung, a lacerated spleen, a ruptured diaphragm, ripped tendons in his hand, and a femur that was broken [...

Jaloma Pacifiers Sold in New York and New Jersey Recalled Due to Choking Hazard; One Million Play Yards Recalled Nationwide Due to Fall Hazard

Posted on July 10, 2009
It?s been a tough couple of days for the safety of infants and toddlers. On July 7, 2009, the U.S. Consumer Product Safety Commission (?CPSC?), in cooperation with Gromex Inc., of Passaic, N.J., announced a voluntary recall of about 700 Jaloma Pacifiers...

Is Nothing Sacred Anymore? FDA Warns Bar-B-Q and Dessert Lovers to Guard Against E. coli

Posted on July 07, 2009
On June 19, 2009, the U.S. Food and Drug Administration (?FDA?) and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestl� Toll House refrigerated cookie dough due to the risk of contamination with E...

FDA Requires Boxed Warning on Serious Neuropsychiatric Events for Chantix and Zyban. Is a Ban Next?

Posted on July 04, 2009
The U.S. Food and Drug Administration (FDA) announced on July 1, 2009, that it is requiring manufacturers to put a Boxed Warning on the prescribing information for the smoking cessation drugs Chantix (varenicline) and Zyban (bupropion) and to update the Medication Guides for patients that further discuss the risk of mental health events when using [...

Suit for Injury During Insurance Company Doctor’s Medical Examination Subject to Medical Malpractice Statute of Limitations, Holds Court of Appeals

Posted on July 01, 2009
Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim...

NYC Department of Buildings to Share Information About Tower Cranes With Other Cities to Prevent Crane Accidents

Posted on June 28, 2009
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 [...

FDA Advises Consumers to Stop Using Zicam; Active Ingredient Can Cause Loss of Smell

Posted on June 25, 2009
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...

New York City Council to Consider Licensing Procedure for Pedicabs

Posted on June 23, 2009
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 [...

Schoolchildren Face Traffic Dangers When School Lets Out

Posted on June 20, 2009
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...

Bill Creating the Offense ?Careless Driving? Introduced in New York to Protect Pedestrians, Bicyclists and Other Vulnerable Road Users

Posted on June 17, 2009
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 [...

New LIRR Public Awareness Campaign Aimed At Golf Fans Headed to U.S. Open

Posted on June 14, 2009
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...

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