A Manhattan maintenance worker was employed by a large local church. A construction contractor was doing a massive interior renovation in the church and asked the church officials if the construction company could use the church’s maintenance worker to help them with some lifting and climbing tasks. The church consented and my client, the church maintenance worker, was asked to set up an A-frame ladder between pews, climb the ladder and hang a projector on a hook in the balcony area while he was at the top of the ladder. The contractor handed the projector to my client in an unstable manner and as my client was balancing it the ladder collapsed thrusting him approximately 10 feet below onto the wooden pews and floor.  He sustained serious back injuries. A fall from a height by a worker at a construction/ renovation site often triggers special protections under the New York State Labor Law.

During the lawsuit, the church and the contractor both claimed that my client was an employee of the other at the time of the construction accident.  My client was initially told by the contractor that he was only entitled to workers’ compensation benefits and not eligible to bring a negligence lawsuit.  That was bad advice and fortunately the maintenance worker contacted me.  I brought a personal injury lawsuit against the contractor claiming the workers’ compensation case applied to the church only, but the negligence lawsuit was proper against the contractor.  That issue was hotly disputed by the contractor and the church, but during the pendency of the lawsuit I was able to obtain a significant settlement from the contractor for my client before trial. Of course, he also received his workers’ compensation benefits from the church’s insurance company.

The lesson here for workers is that in many cases you are entitled to both bring a negligence lawsuit against responsible parties who are not your employer and maintain a workers’ compensation case against your employer.  Never let anyone who is not an experienced lawyer in the field of personal injury advise you on whether you can bring both a negligence lawsuit and a workers’ compensation claim. Consult a knowledgeable attorney early in the process to protect your rights.

For further information about construction site accident cases, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultation.

When you are the victim of a devastating burn injury, the pain and suffering you endure is often unbearable.  The human skin is our largest organ and since it is our surface covering it is extremely sensitive.  The physical pain, the emotional turmoil and the permanent scars can be life-altering.  If these injuries were caused by the negligence of others, you may be entitled to money compensation for your pain and suffering, medical bills and lost wages.

Burn injury cases arise under different circumstances such as fires, explosions, electrical malfunctions, contact with extremely hot liquids or chemical burns.  Below are some real life examples of burn injury cases I have handled in the past.

A Brooklyn food service worker was wheeling her six foot high food cart in an industrial kitchen in Manhattan when a wheel of the cart dipped into a recessed drain cover.   The cart toppled and boiling food and liquids covered her upper body resulting in severe 2^nd and 3^rd degree burns and a one month hospitalization at a major burn center hospital in Manhattan.  Two law firms rejected her case thinking that she was entitled only to workers’ compensation benefits.  I accepted the case because she was entitled to file both a workers’ compensation claim against her employer and sue other entities for her pain and suffering in a separate personal injury lawsuit.  I sued 11 parties ranging from owners and managing agents to architects and tile installers alleging  negligence in having a defective drain cover.  After almost eight weeks of combined jury selection and trial, the Brooklyn jury reached a favorable liability verdict (meaning who was at fault) and the case settled for a substantial amount on the first day of the damages trial (pain and suffering, lost wages, medical bills up to the present and into the future).

Another client’s young baby was severely scalded in a bathtub in his apartment when the hot water temperature control in his apartment failed to properly regulate the water temperature.  My expert engineer determined that the landlord was negligent in maintaining the hot water delivery system in the building . The child’s scars were clearly visible and of course, caused him great pain.  The case settled for a size able amount against the landlord in Brooklyn near the end of the litigation.

Finally, my client was walking down a Queens grocery store aisle when an oven cleaner can fell off the shelf and sprayed onto her skin causing burns and scarring. I sued both the store and the manufacturer for negligent storage of the product (it was placed in an unstable portion on the shelf by the stock workers) and improper packaging that caused it to explode on light contact with the floor.  This was both a personal injury lawsuit and a product liability lawsuit. I obtained a very favorable settlement close in time to the trial date.

All of the above cases show that it may not be obvious to the untrained eye as to where the negligence lies in a burn case.  Extensive investigations, depositions, document requests, witness inquiries and sometimes a trial reveal elements of negligent conduct that the burn victim is unaware of at the time of the tragic accident. 

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

Having handled personal injury and wrongful death cases involving sanitation truck accidents over many years, I was saddened to see a rash of such accidents in the news very recently. Due to the size of the trucks and the sometimes limited visibility of the sanitation truck drivers, pedestrians struck by sanitation trucks often sustain horrific injuries or death.

If there is proof that the sanitation truck was negligently operated, seriously injured pedestrians would be entitled to money damages for their resulting pain and suffering. If death resulted, their estates would be entitled to wrongful death damages.

New York City Department of Sanitation workers injured on the job have special rights that entitle them to sue their employer, the City of New York, if injured on the job (such as truck accidents and falldown accidents) by the negligence of their employer or a New York City Department of Sanitation co-worker. Of course, if their injuries were sustained by the negligence of others, they maintain the usual rights of all injured people to bring a lawsuit against the negligent parties.

This summer the New York Post reported that a New York City sanitation truck killed a pedestrian in Manhattan; WCBS TV New York detailed the death of a pedestrian struck by a
New York City sanitation truck in Staten Island; and a Times Ledger article noted that a New York City sanitation worker in Queens was struck and killed by a sanitation truck driven by a fellow sanitation worker.

While the facts of these recent tragedies remain open to investigation, it is clear that both pedestrians and New York City Department of Sanitation workers must remain very vigilant when in the presence of sanitation trucks and sweepers. The height and width of the vehicles as well as their tremendous power and visibility limitations make these trucks and sweepers almost inherently dangerous when near pedestrians and workers on the street. BE CAREFUL WALKING NEAR SANITATION TRUCKS AT ALL TIMES IN NEW YORK CITY.

To find out more about your rights as a victim of a sanitation truck accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988.

After the tragic death of Eric Garner allegedly as a result of chokehold by an NYPD officer, Police Commissioner Bratton has ordered a “top to bottom review of all of the training this department provides to its personnel, specifically focusing on force…” according to WABC-TV Eyewitness News. This action comes just days after the commissioner, according to the New York Times, conceded that it “appeared” that the NYPD officer had Mr. Garner in a chokehold- conduct prohibited by the NYPD guidelines for over 20 years.

Generally, allegations of police brutality in civil law suits involve a very small percentage of NYPD police officers. Civil rights violations involving excessive force can lead to serious physical and psychological injuries and even deaths. Victims of such heinous police conduct may be entitled to money damages from the City of New York (in the case of the NYPD) or other municipalities in counties outside the City of New York.

It is critical to remember if you or a family member are a victim of police brutality there are strict time limits in which to file your claim and lawsuit against a municipal entity such as the City of New York. Failing to properly file within the statute of limitations can result in a dismissal of your case. As in all civil actions, if you do not file the case timely you may be forever prevented from even bringing your case despite its merits.

To find out more about your rights as a victim of police brutality, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988

In three of my recent blog posts, I discussed a shocking number of recent news reports of pedestrian accidents.

In today’s New York Times, an article entitled “A Renewed Call for Stronger Pedestrian Safety Measures” essentially confirmed my perception that there is a pedestrian accident crisis in New York City. The article cited the Tri-State Transportation Campaign  which found that 420 pedestrians have  been killed on NYC streets between 2010 and 2012. The article also stated that “On average, a New Yorker is seriously injured or killed every two hours in a traffic accident”

You, the pedestrian, must be constantly vigilant when crossing the streets of our great city. There are many negligent drivers whose inattention can cause you serious harm. For safety tips it is worth re-reading my earlier blog post on “How to Avoid Pedestrian Accidents in NYC”

If you have been the victim of a pedestrian accident, you may be entitled to money damages for your pain and suffering, lost wages and medical bills.

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

The New York Post reported on June 28, 2014 that a Brooklyn pedestrian was killed by a hit and run vehicle. A number of hours later police arrested the suspected driver. This was an all too common tragedy reported in the news in the past few months-a pedestrian seriously injured or killed by a negligent driver who callously flees the scene. The driver’s negligence is usually compounded by his disappearance without a call to 911 to get the pedestrian immediate medical attention.

Often such drivers are never caught by the police.  In these instances, victims may still have legal recourse to have medical bills paid and be compensated for pain and suffering due to uninsured motorist coverage pursuant to the New York State Insurance Law. Depending upon the circumstances, a pedestrian may be covered for certain limits of medical bills and pain and suffering damages under their own automobile policy or an automobile policy of a member of the pedestrian’s household. If no such policies exist, pedestrians may be able to make a claim with an organization created by the New York Legislature named MVAIC (Motor Vehicle Accident Indemnification Corporation) depending upon the particular facts and circumstances of the case. The particulars of the law will determine your rights as a victim (either as a pedestrian, passenger or driver) involved in an accident with a hit and run vehicle.

To find out more about your rights as a victim of a motor vehicle accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988.

There was a report in the New York Post on July 1, 2014  that a yellow taxi struck an 83 year old female pedestrian in Manhattan while she was crossing in the crosswalk with the light. According to the newspaper report, she suffered a broken wrist and multiple fractures to her right leg. Two brave construction workers apparently lifted the taxi off of her on Columbus Avenue to prevent further injuries.

Very unfortunate accidents like this are all too common in New York City. By some estimates, taxis make up about 25% of the transportation  in New York City. Reckless taxi drivers are legendary here as evidenced by constant news reports of tragic taxi accidents.

I have handled cases of a taxi jumping a curb striking a vendor on the sidewalk; a taxi striking a bicyclist, losing control, hopping the curb and striking a storefront causing serious injuries to my taxi passenger clients; and a taxi striking an elderly shopper in a crosswalk causing multiple broken bones. These and numerous other taxi cases wherein I have represented seriously injured accident victims were all caused by negligent  taxi drivers who failed to follow the Vehicle & Traffic Law of the State of New York.  

To find out more information about  your rights as a victim of a taxi accident please call me toll free at : (877) CALL-LAW® (225-5529) or(212) 714-0988.

Unfortunately, another serious accident involving a construction worker falling is in the news.  NY1 News reported yesterday that a Brooklyn construction worker fell 30 feet at a construction site near Bedford Avenue and North 4th Street and was transported to Bellevue Hospital in serious condition.

While the details of the accident are not yet known, this tragedy is another reminder why special legal protections exist in New York for many types of construction site accidents.   Sadly, these types of accidents, falls from heights at construction sites, are often in the news.  Another recent case involving one of my clients was reported in the Staten Island Advance involving a 30 foot fall at the construction site of the new courthouse in Staten Island last summer.

If you are a construction worker you may think that if you are hurt on the job at a construction or renovation site you are only entitled to workers’ compensation payments.  That is WRONG in many cases.

The labor law 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 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.

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”.

Based upon the many cases I have brought against taxi cab drivers, car service drivers, truck drivers and passenger vehicle drivers, coupled with my own observation on the streets of New York, I can confidently say that you should remain alert at all times when you are a pedestrian in New York City.

Added to the sometimes reckless, hurried taxi drivers are distracted pedestrians on their smart phones, inexperienced bicyclists in and out of the new bike lanes and truck drivers and passenger vehicle drivers texting/talking on their devices while navigating the chaos known as New York City traffic.  When you put all of those elements together, the risk of collision between vehicles and pedestrians is growing daily.

Your best safeguards as a pedestrian in New York City are the following:

1. Never stand in the new bike lanes – the area between the curb and the new parking lanes which are about a car width into the street;

2.  Do not text or talk on your phone while crossing – it distracts you from awareness of reckless taxis, trucks, bikes, motorcycles and cars;

3.  Pay attention at all times when crossing at the crosswalk and do not jaywalk – bikes, especially delivery/messenger bikes, often go in the opposite direction of traffic so look both ways even on one way streets at all times when crossing.

Unfortunately, not all pedestrian accidents can be avoided even by careful walkers.  Often the vehicle that strikes you comes fast and without warning.  Such negligent drivers must be held responsible for their careless actions which may result in very serious injuries to pedestrians.

If you have been the victim of a pedestrian accident, you may be entitled to money damages for your pain and suffering, lost wages and medical bills.  To find out more about pedestrian accident cases, please call me toll free at : (877) CALL-LAW® (225-5529) or (212) 714-0988.

Attorney Richard C. Bell recently mentioned and interviewed in the Staten Island Advance regarding a Staten Island construction accident case. Click here to read more.

http://www.silive.com/news/index.ssf/2014/01/construction_worker_sues_after.html