Monthly Archives: December 2011

UPDATE: New York elevator firm sued after fatal accident

In a prior post, we reported the news that a woman had lost her life on a New York elevator on Dec. 14. The woman had stepped onto the elevator at the same moment that it spontaneously began to rise. The 41-year-old woman was crushed between the floor of the elevator and the ceiling above.

Almost immediately after the fatal accident occurred, there was speculation as to whether or not faulty repair work was to blame for causing the accident. An inspection report had been conducted on June 16, 2011 which noted that there was a “defect found” although it was unclear as to what the defect referred to. Continue reading


Senate joins attempt to pass bus safety bill after horrific accidents

A recent series of horrific bus accidents, including one in New York that killed 15 people and injured 18 others in March, 2011, has spurred some members of Congress to try to take action. It is an uphill battle, though, and the proposed bus safety legislation faces strong opposition.

A disproportionate number of fatalities are occurring in curbside tour buses, which pick up passengers on the street rather than in bus terminals. Curbside buses have a crash fatality rate that is seven times higher than that of traditional terminal-based buses. Continue reading


NYC Executive Killed in Elevator Accident – Premises Liability or Tragic Accident?

Last week a New York City advertising executive was killed moments after she got her foot stuck in an elevator. The elevator she was boarding in the lobby suddenly malfunctioned and with a burst of speed shot upward before the doors closed. She was pinned between the elevator cab and the wall. Electrical experts say that any number of electrical problems could have caused this tragedy. The law firm of Omrani & Taub, P.C. will be following this incident to discover more information as an investigation gets under way.

In another story, an elevator repairman was criminally charged when a woman was seriously injured in an elevator accident last Christmas. According to court papers, the repairman disabled a safety switch that was supposed to prevent the elevator’s movement while the door is open.

Although not as common as motor vehicle accidents, elevator accidents occur more often than people think. Malfunctions such as doors closing on a person, sudden acceleration, free fall of the elevator car down the shaft, or a sudden drop can inflict serious injuries to a person. An individual riding an elevator has every right to assume the elevator will not malfunction. The elevator doors should not shut when there is something [or someone] between them. In fact, elevator accidents would not happen if elevators are properly manufactured and installed, and routinely maintained and inspected. As such, property owners are duty-bound to properly maintain and service their elevators to ensure people’s safety.

Any person riding an elevator can fall victim to an elevator accident. If you or a loved one were injured in an elevator accident, you should immediately speak with a personal injury lawyer who is experienced in elevator accident cases. At the Law Offices of Omrani & Taub P.C. our attorneys are experienced in handling elevator-related accident cases. Our attorneys have the right expertise and resources to investigate the circumstances surrounding your accident, and aggressively represent your right to attain the maximum compensation you deserve.


Nuts & Bolts of Motorcycle Accidents in New York

Motorcycles, as a mode of transportation, have gained popularity in recent years in the U.S and especially in New York. However, there has also been a steady increase in motorcycle related accidents and injuries. The unfortunate reality is that there still seems to be a prejudice towards motorcycle riders when it comes to accidents and apportioning liability. Many “non-riders” upon hearing about a motorcycle accident will wrongfully assume it was the motorcyclist’s fault because “those things are dangerous.” Or that “the rider must have been reckless.” These opinions are usually far from the truth. In fact, according to The Hurt Report [aka Motorcycle Accident Cause Factors and Identification of Countermeasures]:

• 75% of motorcycle accidents involve a collision with another vehicle and out of those accidents approximately 67% of the accidents were caused because the driver of the other vehicle violated the motorcycle’s right-of-way.

• The failure of motorist to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents.

• The most frequent accident configuration is the motorcycle proceeding straight then the automobile makes a left turn in front of the oncoming motorcycle.

• The median pre-crash speed of a motorcycle is 29.8 mph and the median crash speed was 21.5mph.

Besides the fact that a motorcycle rider is more often than not the innocent victim of an accident-he or she is often faced with unexpected medical bills which are not covered by their motorcycle insurance policy. These bills will have to be litigated along with the rider’s claim for lost wages as well as any claim for pain and suffering.

If you believe that you were injured because of another driver’s negligence you do have legal rights -even if you are not a licensed motorcycle operator, you should always contact an attorney to discuss your possible remedies at law.

When trying to find an attorney, always make sure the law firm has the proper experience and expertise and has handled many motorcycle accident cases, as these can easily become very complicated. In addition, look for an attorney who can successfully argue against the preconceived prejudices toward riders by educating jurors as well as insurance company representatives, about the facts surrounding motorcycle accidents. The personal injury attorneys at Omrani & Taub, P.C., have successfully handled numerous cases for motorcyclists. For a free consultation clients should contact the office at 212-714-1515 or 212-529-7848 (that’s 212-LAW-SUIT).


It may be a slippery Christmas for New York shop owners

It has been an unusually warm start to the winter this season. While last year set record snowfalls across the country, this year there has barely been anything to measure. Residents in New York are hoping that they will see snow for Christmas and the forecast shows at least some precipitation.

Whether it is rain or snow, when more precipitation falls more slush is tracked into stores across the city. Store owners have a duty to keep their floors free of slippery slush that could result in slip and fall accidents and injury to patrons. Continue reading


Family says restraints could have saved NY construction worker

In New York, a construction accident involving a worker who was killed after a wind gust blew him off a roof apparently involved employer negligence and liability as described by personal injury laws. The family of the deceased worker is suing the subcontracting firm, claiming employer negligence in failing to provide any type of safety protection for the worker to prevent a fall.

The 36-year-old worker fell over 50 feet onto a concrete slab and died at the scene. In this lawsuit, personal injury claims are also being made against the development partnership owners of the property as co-defendants. Under Occupational Safety and Health Administration regulations and laws designed to protect workers from on-the-job injuries, there should have been adequate protection provided to prevent this fall. Protection could have been provided with restraining devices or a safety harness configuration for that worker. Continue reading


Soldier who rescued New York bus accident victims receives honor

Over the summer the lives of several citizens were dramatically altered when they were involved in a New York bus accident. The crash was so severe that the bus burst into flames and could have ended the lives of many on board if it were not for a young soldier who risked his life to save the injured on board.

The soldier was honored this week for his selfless participation in the rescue of a number of passengers. The ceremony took place on Tuesday afternoon at a military post in New York – the same post the soldier had driven home from on the day of the crash. The man was honored with one of the highest military awards for a noncombat act of heroism, the Soldier’s Medal. Continue reading


New York elevator accident claims life of one woman

Building owners have a duty to keep their premises safe, whether it is by ensuring that floors are not slippery, sidewalks do not have protruding cracks and that basically everything on the property is kept in a safe condition. It is unclear at this point whether it was faulty repair work or something else that caused a New York elevator to unexpectedly rise this week, crushing a woman’s body between the shaft wall and the elevator floor.

The 41-year-old woman lost her life as a result of the injuries she sustained in the accident on Wednesday morning. There were two other passengers on the elevator at approximately 10 a.m. when it began its un-signaled ascent. The two other passengers did not appear to have serious physical injuries, but were immediately treated for the trauma that was caused when they saw the woman crushed in front of their eyes. Continue reading


Congressional advocates of intercity bus safety try again

Recently, there have been several horrific bus accidents in New York. In March 2011, 15 people were killed and 18 injured when a chartered tour bus, traveling at high speed from a Connecticut casino to Manhattan’s Chinatown, overturned in the Bronx on Interstate 19. Some of the victims were thrown out of the bus while others were trapped inside and at least one was decapitated.

In July, two people were killed and 35 injured in a crash in upstate New York in a tour bus headed for Niagara Falls. In another upstate New York accident that month, a tour bus coming from Canada crashed into a tractor trailer, killing the truck driver and one bus passenger, and injuring 30 passengers. Continue reading


Father loses son under Manhattan streets in construction accident

New York has one of the largest underground mass transit systems that transport children to school, employees to work and tourists to famous see famous sights. While the residents and visitors to the large city benefit every day from the network of tunnels, maintenance and construction workers must work in the dark tunnels to build the system and keep it safe for travelers.

A26-year-old New York construction worker recently lost his life approximately 140 feet beneath the Manhattan street level. Not only did the construction accidentclaim the life of the young man, but a father was forced to watch the one thing that should never happen to a parent. He watched the young life of his son slip away before his eyes. Continue reading


New York bus driver fails to report accident while students onboard

A large number of fender benders do not result in injury. When a driver feels fine, it is completely up to them whether they will seek medical attention to determine any injury. When the driver is a school bus driver with passengers on board, there is a duty to make sure that the students are taken care of after even the smallest accident.

New York officials are investigating a school bus driver after he failed to report a bus accident that occurred while 21 students were onboard the vehicle. Not only did the students have to rely on the driver to bring them to school on time, but they also had to rely on the driver to keep them safe. Continue reading