We have all received a notice to report for jury duty. While my professional life revolves around trials and courtrooms, most people are unfamiliar with the jury system.

It is the duty and obligation of every citizen age 18 and older to report for jury duty and serve as a juror if chosen. Not everyone likes this responsibility of U.S. citizenship, but everyone who has been a party to a lawsuit would tell you that they want fair people from their borough paying full attention to their trial.

A recent Queens juror, according to the Daily News, posted on Facebook during a jury trial that she was sitting on a trial and she was “dying from boredom”. She also made comments about her fellow jurors on Facebook during jury deliberations.

Not only did this juror’s use of social media to discuss a pending jury trial violate the direct order of the judge to all jurors not to discuss the case with anyone or on social media during the case, but her conduct resulted in a mistrial. That means the entire case will have to be tried again before another jury after wasting the time, money and efforts of fellow jurors, the parties, the judge, court personnel and the lawyers. This very serious violation of court rules resulted in a $1000 fine against the juror by the judge.

The lessons to be learned here are clear. Show up at jury duty and take it as seriously as you would want jurors to take it if it were your own trial. Listen to the judge’s orders and follow them – that’s the law. Social media is what it says – SOCIAL. There is no place for public posting during jury duty. It is a time to pay attention, be serious, be fair and fulfill your obligation as a U.S. citizen. Facebook, Twitter and Instagram are not and should not be part of the jury process. Justice is a sacred right not to be taken lightly by jurors EVER.

Richard C. Bell is a personal injury and medical malpractice attorney in Manhattan concentrating in cases of general negligence, construction accidents, transportation accidents, wrongful death and medical malpractice. I can be reached toll free at: (877) CALL-LAW® (225-5529) or (212) 714-0988.

Whether you celebrate Thanksgiving with friends and family in your house or as a guest elsewhere, it is worth taking a moment to reflect on your good fortune and do something for those in need of better times.

Inviting an elderly neighbor who is alone on the holidays is always a kind gesture. Including those friends, neighbors and relatives who are having a rough time either financially or personally is a welcome act of kindness. Volunteering at a homeless shelter or an animal shelter is always a wonderful thing to do. Sharing your bounty this time of year is the best way of remembering that we are all part of the same human community. Some need help, some are in a position to give help. Remembering who we are as a nation, compassionate and kind Americans, is the true celebration of the Thanksgiving holiday.

Give thanks by doing small acts of kindness for others. Those acts of human caring go a long way at holiday season and throughout the year.

Enjoy your holiday and help others enjoy their holiday. Happy Thanksgiving.

Richard C. Bell is a personal injury and medical malpractice attorney in Manhattan concentrating in cases of general negligence, construction accidents, transportation accidents, wrongful death and medical malpractice. I can be reached toll free at: (877) CALL-LAW® (225-5529) or (212) 714-0988.

We all have fond childhood memories of trick-or-treating that led to getting some of our favorite candies. Who could forget their favorite Halloween costumes or the costume endured by our patient dogs and cats (such good sports)?
As a personal injury attorney, I cannot help but see the flip side of Halloween fun as well so I offer you a few tips of caution to make sure the holiday is all fun memories for you:

1. While walking in your costume at night, always use your phone flashlight or other small flashlight when crossing the street. Both you and drivers are particularly distracted on this festive night and decreased visibility could lead to avoidable pedestrian-auto crashes;
2. If you’re driving, do not wear your mask or any confining costumes. Your quick reaction time is more vital since inattentive children, partying teenagers and adults are out in droves on Halloween;
3. If your children are going trick-or-treating to unfamiliar apartment buildings or houses, make sure you look carefully at staircases, walkways, elevators, doorways and sidewalks to ensure they are free of defects, holes and other tripping hazards. This is especially important because your children’s visibility may be limited due to their costumes.
4. Private Halloween parties can be lots of fun, but don’t forget that you too need to be cautious to observe the same tripping hazards at unfamiliar premises that your children may encounter due to your own costume visibility limitations.
5. Alcohol in excess is obviously something to avoid. Whether alcohol is being irresponsibly consumed by you, your friends, your hosts, their guests or total strangers, Halloween seems to be a night that brings out the excess in many people. Needless to say, alcohol-related accident victims fill hospital emergency rooms every Halloween night. Do not end your evening needing medical attention due to careless acts caused by reckless drinking.

Now with all of the dark side warnings in hand, go out and have lots of safe fun. You, your children and your pets all look forward to the ageless, enjoyable traditions of Halloween. Enjoy your Halloween – just do it safely.

Richard C. Bell is a personal injury and medical malpractice attorney in Manhattan concentrating in cases of general negligence, construction accidents, transportation accidents, wrongful death and medical malpractice. I can be reached toll free at: (877) CALL-LAW® (225-5529) or (212) 714-0988.

Due to the dangers on construction sites in New York, construction workers here need special legal protections when they have unfortunate accidents on construction machinery, construction equipment or unsafe sites where such conditions cause them serious injuries or death. The law recognizes the increased risk for such workers and you need to exercise your special rights to the fullest extent of the law if you are involved in a construction site accident.
If you are a construction worker, you may think that if you are hurt on the job at a construction or renovation site that you are only entitled to workers’ compensations payments. That is WRONG in many cases.
The Labor of New York provides that construction workers injured on a job site may be entitled to sue the owner of the site and the general contractor of the project for pain and suffering, lost wages and medical costs in addition to receiving workers’ compensation payments for lost earnings and medical bills. The circumstances under which these laws apply vary, so you need to be aware of your special rights in particular situations.

EXAMPLE:
If you fall from a ladder or scaffold at a construction site or fall over construction materials/debris or are struck by a falling object from an building under construction or renovation resulting in injuries, you may be entitled to money damages from the owner and general contractor of the premises.
Special protection laws for construction workers apply under certain fact patterns that may allow you to collect substantial money for your pain and suffering and lost earnings, over and above workers’ compensation payments, either by way of settlement or jury verdict.

To find out more information about construction site cases, please call me toll free at: (877) CALL-LAW® (225-5529) or (212) 714-0988. Also you may request a copy of my special report entitled “If You Are Injured at a Construction Site in New York… 10 Things You Need to Know”.

As we approach the solemn 14th anniversary of 9/11, we need to remember that true heroes are not fictional characters like Superman or Spiderman. The real heroes are those that sacrifice their time, bodies and sometimes their lives so that the rest of us can live safe and peaceful lives. Our firefighters, ambulance workers and police officers who responded to the unspeakable events of 9/11 here in New York City are the heroes that define the term role model. We are forever grateful to them for their service.
Heroes are not limited to humans. As an extreme dog lover, I was pleased today to read an article in the New York Post about another group of heroes during the 9/11 tragedy-the search and rescue dogs. These hero canines for “two weeks worked grueling 12-hours shifts, aiding search efforts and comforting firefighters and police officers during search and rescue missions” by using their high-power sense of smell to sniff for signs of human life in the rubble.
Sadly, due to the limited life span of canines, only two of those hero dogs are still with us today-Bretagne, a golden retriever, and Morgan, an English Springer spaniel. Bretagne, for her 16th birthday, was flown to New York City from her home in Texas a few weeks ago to also accept thank you wishes for her service during the 9/11 tragedy. According to the New York Post, she was honored by Hudson River Park with a “Key to the City”; featured on a Times Square billboard; and had a cobblestone at the 9/11 Museum dedicated to her and her caretaker Denise Corliss. Bretagne has continued her selfless good deeds since 9/11 by working in classrooms with special-needs students.
Dogs are not only our very best and most loyal friends, they are our heroes on so many levels. They ask for so little and give so much. That truly defines heroism.
To the brave men and women who sacrificed their lives and gave selflessly during 9/11, our city salutes you and honors you. To your canine rescue companions who assisted you in your life-saving efforts, we salute and honor you. Heroes all. Heroes forever.

There is good news for Queens residents and those visiting and working in the borough. According to New York 1, as part of Mayor De Blasio’s traffic safety plan, Vision Zero, the city will allocate $100 million to make major safety improvements on Queens Boulevard.
New York 1 reported that, “The improved boulevard will have safer pedestrian areas, more crosswalks, and protected bike lanes. Roosevelt Avenue to 73rd Street will be the first of three segments to undergo construction, with the entire project stretching through 2016.” Considering that 185 people, mostly pedestrians, have died on Queens Boulevard since 1990, in traffic accidents, this major safety initiative should save the lives of pedestrians on Queens Boulevard moving forward.
While traffic safety may not be a media headline-grabber, it is a vitally important issue for those of us who cross the streets in the five boroughs daily. This is important news for all of us.

If you have suffered serious injuries or a loved one has suffered wrongful death as a result of a taxi accident or traffic accident then please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultation to find out your legal rights.

Since Mayor Deblasio’s Vision Zero traffic safety initiative began, there have been some major decreases and some surprising increases in traffic- related deaths according to a study by the Daily News.
On the bad side, car accident injuries and deaths in the period September- December 2014 increased from the same period in 2012 on two major Bronx roadways, East Gun Hill Road and Southern Boulevard. There is no present explanation for these tragedies since a combination of slow zones, speedways, reprogrammed crosswalks, clarified markings, reduced crossing distances and improved lighting have worked elsewhere in New York City according to the Daily News report.
Huge decreases in injuries and deaths resulting from car crashes have been reported during the Vision Zero era in Manhattan between 95th and 125th street along Broadway and in Staten Island on Forest Avenue according to the Daily News.
None of the positive numbers are of any solace to the victims of recent pedestrian accidents. Tragedies last month included victims Sincere Atkins, an 8 year old child seriously injured by an allegedly speeding car in Jamaica Queens, Abriana Carrasco, a 7 year old child struck by a hit and run car on East 214th St. in the Bronx and Justin Jordan, a 15 year old boy struck by a hit and run driver in the Bronx. There accidents were noted in articles in the Daily News and New York Post.
New York City has a long way to go to make Vision Zero a reality for all of us who walk and drive in the five boroughs daily. Zero traffic deaths, the goal of Vision Zero, is a lofty and worthy goal. We must all do our part to make the incremental changes that can turn this safety dream into a reality some day in the near future.

If you have suffered serious injuries or a loved one has suffered wrongful death as a result of a traffic accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultation to find out your legal rights.

On Memorial Day we honor those brave men and women of the armed forces who gave their lives so we could live in a land of freedom, liberty and democracy.

In the decades since Congress made federal holidays on Monday to ensure us three day weekends, the original meaning of Memorial Day has become lost for many Americans. Some view this holiday weekend as the unofficial start of the summer, others view it as a great time for shopping sales and many view it as days of rest from work. While all of the above are present day reality during Memorial Day weekend, we should all reflect on the day’s true meaning and take at least a moment to honor the memories of our fallen soldiers who gave the ultimate sacrifice in our names.

While we will all try to enjoy a barbeque, the beach or a shopping spree this weekend, let us not forget that Monday is a solemn day for our country. May those beloved hero soldiers rest in peace.

Photo Credit: http://www.pbs.org/wnet/need-to-know/culture/remembering-memorial-day/16960/

Accidental explosions caused by gas or oil issues have recently dominated the news. While the potential negligent parties have not been yet been definitively identified, we do know that many explosions are preventable with proper maintenance, management and operation of gas lines and oil tanks by landlords and contractors.

The March 26th gas explosion tragedy at an East Village apartment building took the lives of two young men, Nicholas Figueroa and Moises Locon, and injured more than 20 people. An investigation is being conducted into whether an “illegal hook-up in the building was removed from a gas line ahead of a Con Ed inspection on the day of the explosion, then reinstalled before the devastating blast about 30 minutes later.”, according to the New York Post. The building’s landlord and a plumber are persons of interest cited by law enforcement authorities as reported by the New York Post. If proven, such conduct may be the basis of both a criminal prosecution and  wrongful death/personal injury lawsuits on behalf of the victims.

The New York Post reported today that two workers employed by Three D Industrial Maintenance were killed in Hastings-on-Hudson when a buried oil tank exploded while it was  being removed. An alleged witness in the New York Post article stated that “they were using some sort of saw to cut it with…they emptied it and dug it up…they fired up the saw, and it must have caused it to explode…” While an investigation is pending, it should be noted that the residence where the buried oil  tank was located was across the street from a high school and middle school when the tank  flew 50 yards  after the explosion. While no students were injured, the fact remains that the possible negligence of others could have caused an even worse catastrophe resulting  in additional lost lives.

The message is clear. Gas lines, oil tanks and other combustible products and materials must always be handled with the greatest care. Preventative maintenance and repair is the obligation  of building owners and contractors. One small negligent act can result in unspeakable consequences for innocent victims. There is no room for even slight errors when dealing with flammable materials. Landlords and contractors need to always remember they are the guardians of our health and safety and they must take their roles  very seriously to prevent serious injuries ,including burn injuries, and deaths to innocent tenants, workers and passersby.

If you are the victim of an explosion caused by the negligence of a landlord, contractor or others, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultation to find out your legal rights.

You are in a high risk profession that unfortunately has an increased incidence of accidents that can cause serious personal injuries with catastrophic results.  Even if you are hurt on the job, you may be entitled to money damages from a personal injury lawsuit in addition to your workers’ compensation payments.

For instance, I had a Bronx truck driver client whose truck was improperly loaded by workers at a food distributor’s warehouse.  The negligent loading left him with very little space to place his feet when doing a side unload.  While standing on the narrow ledge of his truck during a Manhattan supermarket delivery, he was caused to fall onto a set of rollers placed behind him without his knowledge by supermarket employees at his unloading destination.  The accident caused him to suffer very serious injuries resulting in multiple surgeries and the inability to continue working.  The case I brought against the warehouse and the supermarket for negligence resulted in a very significant settlement on the eve of trial .  This sum was in addition to the medical and wage benefits he received from his separate workers’ compensation claim.

Similarly, another truck driver client was caused to fall in Queens on a loading dock during a delivery to a supermarket.  The supermarket employee was negligent in removing a mechanical ramp, without notifying my client, which created a 10 inch gap between the rear of his truck and the loading dock.  My client suffered through multiple surgeries and can no longer work.  I negotiated a $1.3 million settlement in his personal injury  case a few weeks before trial.  Once again, this settlement was over and above the medical and wage benefits he received from his workers’ compensation claim.

Truck drivers need to know that they may be entitled to damages for pain and suffering in a personal injury lawsuit separate and apart from their workers’ compensation claim.

To find out more information about trucking cases, please call me toll free at : (877) CALL-LAW® (225-5529) or (212) 714-0988.