Sidewalk Injuries in New York – Who’s Responsible

New York City is a city of walkers. Unfortunately for some, the sidewalks can be laden with unpleasant surprises that an unsuspecting pedestrian would not be able to anticipate. These include:

  • Uneven sidewalks
  • Obstructed sidewalks
  • Trapdoors in sidewalks including open trapdoors
  • Icy sidewalks or snowy sidewalks
  • Bricks or cobbles sticking out above the rest of the sidewalk
  • Cracked sidewalks
  • Sidewalks with holes in them
  • Broken manhole covers in sidewalks

The owners of property adjacent to sidewalks are charged with maintaining the sidewalks. The law says that the property owner must maintain the sidewalk in a timely manner. Not all property owners comply with the laws. When a dangerous sidewalk is not maintained, people can slip and fall and seriously injure themselves.

If you have suffered an injury as a result of a slippery, cracked, or otherwise dangerous condition on a sidewalk in Manhattan, Brookyln, Queens, or elsewhere throughout New York City or state, the law is on your side. You can seek compensation from the property owner at fault to pay for medical expenses and other accident-related damages.

Injured by a Sideawalk Trip and Fall? Contact Personal Injury Attorneys in NYC

The attorneys at Alpert, Slobin & Rubenstein LLP, in New York, NY, will help you understand if you have a legal basis to file a trip-and-fall claim against the property sidewalk owner. Please call to schedule an appointment with an experienced personal injury attorney at 888-694-6587 or 718-829-8800 to learn more about your rights and how we can help.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

Injuries Related to Police Misconduct – NY, NY

There are over 36,000 police officers in New York City. Not all of them act appropriately at a crime scene. For example, excessive force, tampering with evidence at a crime scene, unlawful arrest, false imprisonment, assault and battery, and malicious prosecution are all forms of police misconduct.

While it is lawful for police to control a situation, especially when there is a suspected crime involved, they are not allowed to use excessive force to arrest or subdue suspects, innocent bystanders, or inmates in prisons.

The police department has been under fire for excessive use of force and corruption. For example, in 2011, 16 Bronx police officers were indicted and hundreds of others caught in a ticket-fixing sting. In 2012, two police officers were filmed repeatedly battering a young man inside a Brooklyn Jewish Community Center. To add insult to injury, the victim was charged with a felony count of assault on police officers, among other crimes. This is often the case. The actual victim is often charged with a number of crimes.

Clearly, there is a problem with police misconduct. A 2012 report by a group of New York-based attorneys called the Protect and Assembly Rights Project listed hundreds of instances of “excessive force and other forms of police misconduct.” For instance, a café worker who was filming arrests of an individual involved in a protest was grabbed by the wrist and flipped hard to the ground. The worker was then charged with obstructing justice and blocking traffic. The report detailed 130 instances of alleged excessive force and misconduct.

Police work is dangerous, but police who use excessive force when arresting, detaining or as the result of a pursuit must be held accountable for wrongful action. If you have been injured or you know someone who has been seriously harmed as a result of police excessive use of brutality, you may have a legal basis to file a claim against him or her for compensation.

Injured Due to Police Brutality or Police Misconduct? Contact Personal Injury Attorneys in NYC

The personal injury attorneys at Alpert, Slobin & Rubenstein LLP, in New York, NY, are here to fight for your rights. We offer caring, focused, and experienced legal representation that holds those who have done wrong accountable.

If you have suffered from police misconduct, find out how we can help by scheduling an appointment with one of our lawyers today. Call 888-694-6587, 718-829-8800 or email us.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

Why Are the DePuy Hip Implants Failing?

Cause and Symptoms of DePuy Hip Implant Failure

Nearly 40,000 people in this country received the DePuy metal ASR hip implant between August 2005 and August 2010, when Johnson and Johnson’s DePuy Unit recalled it. DePuy also manufactured metal-on-metal hip implants under the name Pinnacle hip with a metal liner (Ultamet metal liner). The metal-on-metal Pinnacle hip implant has failed for many patients.

The DePuy metal-on-metal hip implants are failing for two main reasons:

  1. The metal hip does not actually stay in place in the hip and it resists bone growth.
  2. The friction among the metal components of the hip implant causes micro shavings and metal debris to be scraped off and released into the tissue and blood of the wearer. Excessive exposure to metal can lead to metallosis, causing painful inflammation of the tissue and high metal count.

Data from the UK, which has a national registry of patients, indicates that the ASR implants fail for up to one in two patients within six years of the implant installation surgery.

Symptoms that indicate you may have a defective DePuy metal hip implant include:

  • Limping or other negative changes in ability to walk
  • Groin pain
  • Hip pain
  • Leg pain
  • Hip joint swelling or swelling near hip joint

Contact Experienced Personal Injury Attorneys About Your Defective DePuy Metal Hip Implant

Are you experiencing pain, inflammation and other problems related to having a defective DePuy ASR or Pinnacle metal hip implant? Were you told that your artificial metal hip must be replaced? We encourage you to contact an attorney at Alpert, Slobin & Rubenstein LLP, in New York, NY, at 888-694-6587 or 718-829-8800.

Our attorneys can help you understand whether you have reason to bring a claim against the makers of your metal hip implant. We represent clients who have suffered as a result a defective hip implant, medical malpractice, or other types of personal injury in the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island, and throughout the nation

Dram Shop Claims in New York

Car crashes where there’s a drunk driver behind the wheel result in serious injuries and often fatalities. In fact, recent statistics show that 31% of all traffic vehicle deaths involve an alcohol-impaired driver

What if the drunk driver doesn’t have enough insurance to cover the innocent victim who was seriously injured? What if the injured person didn’t have uninsured motorists coverage? New York law takes this into account. There is a way to recover the costs of any medical treatment and other accident-related damages through the New York Dram Shop Act.

What Is the New York Dram Shop Act Law?

The New York Dram Shop Act (Law 11-101) states that the people working at bars or other types of liquor establishments can potentially be held responsible for a crash that results from an unlawful selling of alcohol.

It is, quite simply, against the law for a person at a bar, liquor store, or any other establishment in which liquor is sold to sell alcohol to an obviously intoxicated person. If that visibly drunk person caused an accident in which people were injured, the person who provided the alcohol to the person who was visibly intoxicated will be held accountable.

In the case of Romano v. Stanley (90 NY2d 444), the highest court in New York said that a Dram Shop compensation claim does not even need to be proved with direct evidence. Circumstantial evidence may establish the obvious drunkenness of the customer who caused the crash. Circumstantial evidence in this case also includes eyewitnesses.

Dram shop law also covers selling liquor to a minor, even if there is no accident involved.

The term, “dram shop” originates in England around the 18th century, when alcohol was sold by the dram, which is about one-eighth of a fluid ounce, or a teaspoonful.

Protect Your Rights — Personal Injury Attorneys in NYC

The attorneys at Alpert, Slobin & Rubenstein LLP, in New York, NY, have extensive experience bringing those who caused harm in alcohol-related accidents to justice. If you or a loved one was seriously injured due to the actions of a drunk driver, you may have legal basis to pursue a claim to pay for your recovery and other damages through the Dram Shop Liability Law. To find out more, schedule an appointment with an experienced personal injury attorney at 888-694-6587 or 718-829-8800.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

About Labor Laws 240 / 241

Much has recently been made about New York’s Labor Law 240 and 241. In fact, many in the New York construction industry say that the laws are unreasonable and lead to excessively high insurance premiums. However, these laws are critical because they involve the safety of construction workers and who may be held accountable in the case of injuries on unsafe construction sites.

New York Labor Law 240 AKA Scaffolding Law

This Labor Law 240 essentially states construction companies, contractors, and property owners are responsible for keeping workers whose jobs are performed at heights safe.
This means that those responsible must take safety measures that include:

  • Safety harnesses for workers
  • Barricades
  • Fencing
  • Safety rails at heights
  • Netting to protect workers if they do fall

Additionally, scaffolding is required to hold four times the weight that is would be expected to bear. If these precautions mandated by law are not followed and a worker is injured as a result, then the Construction Company, property owner, or contractor may potentially be held accountable to pay for the injured worker’s accident-related medical treatment and other damages.

New York Labor Law 241 for Ground-Level Construction

New York’s Labor Law 241 also known as the Safe Place to Work Law, covers ground-level construction sites. The law is designed to protect workers from being injured due to:

  • Tripping accidents
  • Drowning construction site accidents
  • Water accidents
  • Chemical hazards
  • Air contamination problems

Specific regulations that must be followed at these sites involve how the site is constructed, shored up, equipped, guarded, arranged, operated, and conducted.

Contact Personal Injury Attorneys in NYC

Were you injured on a construction site? Do you suspect or know that your employer or the construction site property owner did not follow New York labor laws?

The construction accident attorneys at Alpert, Slobin & Rubenstein LLP, in New York, NY, can help you understand whether you have a legal basis to file a claim. We have extensive experience helping individuals who have suffered grievous harm in an accident through no fault of their own obtain the compensation they need to help them recover.

Please email us call to schedule an appointment with one of our lawyers at 888-694-6587 or 718-829-8800.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island

Injury or Illness Due to Mold Infestation

We probably have all heard of or know someone who has been injured to some degree due to exposure to a toxic mold substance. How do you protect yourself from mold exposure when mold is everywhere in our environment? And while mold that grows out of doors is an integral part of nature, indoor mold is not. Certain types of indoor mold have been known to harm some people exposed to it.

If you have suffered injury due to toxic mold exposure, you may potentially be able obtain compensation from those responsible for your illness, for the cost of remediation, and for other damages.

Toxic mold exposure has been linked to everything from sick building syndrome to chronic respiratory problems to chronic fatigue syndrome. Increasingly, people who have been exposed to toxic mold and are ill are making the connection between their illness and exposure to mold in a home or workplace. And approximately 10 percent of the population is susceptible to indoor mold illness.

Mold grows in dark, moist conditions. It is a fungus, and there are thousands of different species of mold. Indoor mold can be found in our basements, in refrigerators, in drywall, in insulation.

People who are dealing with mold illnesses present a wide range of symptoms. These include:

  • Runny nose and sinus problems
  • Fatigue and low energy
  • Nausea
  • Headaches
  • Respiratory problems including asthma
  • Sick building syndrome
  • Autoimmune illnesses like chronic fatigue syndrome (CFS), fibromyalgia (FM), reactive airway dysfunction (RADS), multiple chemical sensitivity (MCS), and toxic encephalopathy (TE).

Many questions remain about mold and its toxicity, including questions like these:

  • Does exposure to mold cause permanent illness?
  • At what level of exposure does illness set in?
  • What is the allowable level of indoor mold to be exposed to before a person gets really sick?

While we do not have all the answers, we can say with certainty that if you have suffered harm from toxic mold exposure, you can hold those responsible for your illness accountable, including:

  • Former homeowners (if they knew of the toxic mold and did not tell you)
  • Architects and structural engineers (if they did not build with mold prevention incorporated into the design)
  • Contractors and subcontractors such as framers, roofers, siding and stucco contractors
  • Suppliers and manufacturers of materials, including siding and window manufacturers

Toxic Mold Injured? Protect Your Rights — Personal Injury Attorneys in NYC

Did exposure to toxic mold cause make you or a loved one ill? If the toxic mold exposure and ensuing illness was caused by negligence, you may have a right to seek compensation. Find out more about your legal rights by scheduling an appointment with an experienced personal injury attorney at Alpert, Slobin & Rubenstein LLP, in NY, please call us at 888-694-6587 or 718-829-8800.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

Proving Whiplash With Chiropractic After a Car Crash

Whiplash commonly occurs when a car is struck from behind in a rear-end collision. The impact of the crash causes the driver’s (and any passenger’s) head to “whip” quickly back and then forward again.

In low-speed rear-end collisions, a person may appear to have no visible injury, yet he or she will have suffered a whiplash injury. When the head is violently snapped back and forth so quickly, the neck is stretched far beyond its normal capacity.

Whiplash Injuries Can Cause Severe Pain

The whiplash movement’s accelerated force typically damages neck muscles and upper back muscles in the immediate area. The vertebrae can also be injured, causing moderate to severe pain and other symptoms.

People who have suffered whiplash may brush the injury off. They often believe they are just sore after the accident, and that they will soon recover. The accident may well have adrenalized them and they are numb to what is truly going in their body. As a result, it may be days before they finally visit the doctor or chiropractor.

Some whiplash injuries heal within days or weeks, even without treatment. However some whiplash, if left untreated can lead to serious, chronic pain and leave a person vulnerable to serious injury and other problems in the neck and back.

If you have suffered a whiplash injury that needs treatment, it can take time to heal. Generally, people receive chiropractic treatment and physical therapy.

Chiropractic Treatment of Whiplash Neck Pain

Chiropractors are regularly involved in the diagnosis and treatment of whiplash injuries caused by car accidents and other types of accidents. The chiropractor’s work centers on performing gentle, noninvasive spinal treatments so that whiplash neck pain patients will regain a sense of health and wellbeing.

In many cases, a chiropractor’s work helps track the pain back to its source, thus resolving the issue at its roots through carefully administered chiropractic treatments.

Chiropractors also document and track a patient’s progress, records which can be useful in the event that a personal injury claim is filed.

Physical Therapists and Whiplash Injury

Physical therapists work with whiplash-injured patients to help reduce spasms in the neck or upper back muscles, increase the circulation, and help with healing the injured area. PT generally includes carefully monitored and appropriate exercise of the injured area. It can also include ice, moist heat, electrical stimulation, and ultrasound.

Contact an Experienced Personal Injury Attorney in Columbia, Maryland

If you were injured in an accident caused by another, you may have a right to seek compensation for your neck, pain, or other types of injuries suffered. To schedule an appointment with an experienced personal injury attorney at the Smith Personal Injury Law Firm, in Columbia, Maryland, call 410-740-0101 or contact us online.

Misdiagnosis – When Cerebral Palsy Is Misdiagnosed – New York

What if your doctor diagnosed your baby as having the constellation of brain and central nervous system disorders known as cerebral palsy, and you followed all the recommended treatments but nothing really helped? And what if you understood, like most people do, your doctor to be the expert and kept following doctor’s orders but your baby kept getting worse?

This is what happened in the case of Beery family twins. The twins exhibited symptoms that seemed indicative of cerebral palsy. Cerebral palsy’s brain and nervous system disorders affect a person’s thinking, hearing, seeing, moving, and learning.

Retta Berry began researching online herself. She discovered an article that discussed the use of Levodopa (L-Dopa) to treat people with symptoms similar to what the twins were experiencing. With this treatment, the twins’ ability to function began to improve.

Yet one of the twins, Alexis, began suffering breathing problems so severe she needed to be taken to the hospital’s emergency room on numerous occasions. By now the twins were six years old.

The family redoubled their efforts to help their children. DNA tests revealed that the twins both had deficiencies in serotonin and dopamine. Giving them the supplement 5-HTP addressed their brain’s neurotransmitter issues. The twins, now 14, are living happy, healthy, and productive lives.

Misdiagnosis is more common than you think. If you believe that you or a family member has suffered harm due to a misdiagnosis, failure to diagnose, surgical error, or any other medical mistake by a healthcare professional, you may have reason to file a medical malpractice claim.

Talk to an Attorney Who Can Help

The New York City law office of Alpert, Slobin & Rubenstein can answer your questions and help you understand whether you have legal basis to file a medical malpractice claim. Please call today to schedule an appointment and learn how we can help you: 1-888-NY-INJURY (888-694-6587). You may also contact us online.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

50% of Heart Patients Make Medication Errors

One of every two heart patients make one or more prescription-drug-related mistakes after they have left the hospital. Extra guidance from pharmacists on how to take the medicine did not appear to reduce errors, reports a new study.

According to the study, led by Dr. Sunil Kripalani, of Vanderbilt University Medical Center in Nashville, Tennessee, sometimes patients just forget to take a specific drug. Other times they take an incorrect dosage. Side effects can range from minor problems like constipation to serious lowering of blood pressure. In two percent of cases, the mistakes are life threatening.

The study also found that while the average heart patient didn’t experience benefits from the extra pharmacist intervention, those patients who were on many drugs or who had other difficulties digesting the complexity of health information did indeed benefit.

The hospitals taking part in the study were making efforts to prevent medication mistakes, including having a pharmacist take the time to help the patient understand how to take the medication once at home.

This is a good step for hospitals, but perhaps not enough. For instance, a landmark study by the Institute of Medicine in 1999 reported that medical mistakes were responsible for up to 98,000 deaths and more than one million injuries a year in the U.S. Most of these mistakes were entirely preventable.

How to Be Smart About the Medication You Are Taking

Keep a list of all medications you are given, along with the times when you are supposed to take them. Make sure to take them at the appropriate time. Carry this list with you. The list must include drug doses and reasons you need to take that medicine. Give that list to your pharmacist. Do not assume that he or she knows the medicines you are on.

Medical Malpractice Attorneys That Care in New York City

The attorneys at the New York City law office of Alpert, Slobin & Rubenstein can help you understand whether you have a legal basis to file a medical malpractice claim. Please call today to schedule an appointment: 1-888-NY-INJURY (888-694-6587). You may also contact us online.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.

Building Collapses on Construction Sites in New York and Premises Liability

The collapse of a building in the Columbia University expansion project on March 22 raised issues of negligence and premises liability in New York. In the tragic building collapse on the Upper West Side of Manhattan, one construction worker was killed, while two others were injured.

How did this deadly accident happen? Essentially, the one-story building in question had been slated for demolition, but it seems that a contractor removed a major support beam of that building before it was actually ready for the demolition. This caused the building to collapse prematurely, burying three workers, including the one who died later.

The contractor in question had already received many citations weeks prior to the tragedy. Citations from the municipal construction regulator included: failure to provide construction workers with protective harnesses and failure to inform appropriate municipal department of demolition work.

Could this tragedy have been prevented? Is this a case of employer negligence and premises liability? This case will undoubtedly play itself out in the courts. But meantime, one person is dead and two are seriously injured possibly from accidents that could have been entirely prevented.

Construction workers already work in the most dangerous of professions. Even though they comprise just 6 percent of our nation’s workforce, they disproportionately suffer 20 percent of all workplace deaths.

Talk to an Attorney Who Can Help

If you have suffered a serious injury or have a loved one who has been harmed in a construction accident, the New York City law office of Alpert, Slobin & Rubenstein can help you understand whether you have legal basis to file a personal injury or premises liability claim. Please call today to schedule an appointment and learn how we can help you: 1-888-NY-INJURY (888-694-6587). You may also contact us online.

We represent clients throughout the five boroughs of New York City, New York, including Upstate New York, New Jersey, and Long Island.