5 Months After Auto Accident, Driver Criminally Charged
He spent about 5 months in the hospital. And when he came out, it wasn’t to a “welcome home” party; it was to an arraignment.
Forty-three year old James E. Anderson was involved in a serious head-on collision on September 11, 2011, an accident that landed two other people in the hospital as well. He was found at fault after it was discovered that he was legally intoxicated. Now he faces criminal charges in addition to any civil liabilities filed by a New York car accident attorney representing the injured parties.
Anderson, of New York City, was driving on the Bear Mountain State Parkway early on that September morning. At about 1 a.m., according to The Daily Cortlandt, he crossed the center line and drove into oncoming traffic. Continue reading
Seven Years After Bus Accident, Lawsuit Settled and Healing Continues
On January 29, 2005 a team bus carrying the women’s Windsor Wildcats basketball team was involved in a bus accident. Four people were killed and 18 survived. Now, five years later, the lawsuit has been settled though many of the survivors still struggle with the events of that day.
Their coach, his son, a teammate and her mother were all killed in the accident. Many of the young women were seriously injured. According to the Windsor Star, some are lucky to be alive after the bus accident. Continue reading
Old Construction Accident Eventually Leads Man Into Homelessness
A man who once owned his own construction business was forced to live on the streets and in shelters, according to this story out of Billings, Montana. Stephan Larsen, 52, has reportedly never dealt with such hard luck, a former home owner and business owner, he misses being able to work.
Though a divorce forced him to move his construction operation in the pursuit of business, it was an old injury from a forklift accident that eventually caused him to stop working. What was once an inconvenient back pain became unbearable in his age.
He ended up sleeping at a Rescue Mission where he had formerly worked and found employees. A friend there eventually helped him into a housing program. But his injury still plagued him.
Requiring both knee and back surgery, Larsen was finally able to collect disability and get medical care with government assistance. Now, about thirty years after his forklift accident, he is scheduled to get the first surgery.
“I don’t want to be disabled,” says Larsen. “After the surgery is all done, I want to go back to school. I have too much time on my hands sitting around the apartment.”
Larsen’s case is not an unusual one. Though construction/work site accidents rarely lead to homelessness, it is possible, and they often lead to financial hardships and even the inability to work.
When you are hurt on the job, you may initially be sent to the doctor and be told by your employer that everything will be taken care of. But many people are surprised when their supervisor or a worker’s compensation representative starts urging them to finish treatment, basically to suck-it-up and get back to work.
Make no mistake, even if you enjoy your job and the people you work for, they are running a business, and the primary interest of any business is making, not spending money.
Being injured on the job can present unique frustrations as your job is the one who should be made to pay for any safety oversights or negligence. But it’s you, as the patient and employee, that are often made to feel like the situation is your fault.
An experienced personal injury attorney from Omrani & Taub, P.C., can help. We are dedicated to seeking justice for our clients. We know what you are going through as we’ve represented many clients in similar situations.
If you’ve been hurt on the job, you can’t wait 30 years to seek relief. By then, it may be too late.
How to Identify and Avoid a Potential Falling Ceiling
Many older apartments in New York have plaster walls and ceilings, which differ from modern sheetrock. The plaster is attached to the ceiling joists by means of thin strips of wood called laths. The lath is then attached to the ceiling joist. Prior to the days of the cordless screw gun, most builders used nails to attach the lath to the floor joist, which have a tendency to pull away from the wood over time. The problem with this archaic system is that the wood lath expands and contracts at a much different rate than the hard plaster-causing hairline cracks. These small cracks can be easily fixed if detected early. However add a dangerous condition like a water leak from an upstairs apartment or vibration from upstairs construction and your ceiling is now a ticking time bomb ready to cause havoc when it finally decides to pull away from the ceiling joist.
What causes ceiling collapse
Water from an upstairs apartment or a defective roof, is the main cause in ceiling collapses. Most apartments in buildings are designed with a similar floor plan. This makes it more economical for the builder to run all the water lines on one side of the building (these are known as “wet walls”). Therefore your upstairs neighbor’s bathroom is most likely directly above your bathroom and their kitchen is directly above your kitchen, etc. Once your upstairs neighbor’s sink leaks, tub overflows, has defective grouting around tub or tile work, or has a defective water line in the walls, the water will find its way to your ceiling and saturate the wood lath and plaster. This will cause softening of the wood and put extra weight on the plaster causing the nails to eventually pull away from the floor joist. That’s when those little cracks in the plaster (that went unaddressed) start to provide an escape route for the trapped water and begin to leak. Once they start leaking or dripping the cracks begin to expand and eventually large portions of plaster will detach from the wood lath and crash to the ground, often causing personal injuries to anyone standing under the vicinity of the cracks. Depending on the size of the plaster, thickness of the material, how much water it retained before the ceiling fall-down, and how much wood debris it pulls down with it, the injuries caused could be very catastrophic.
Avoiding injury
It is extremely important to notify your landlord, superintendent and even the outside management company [if your building has one], upon first noticing any cracks, drips, or dark spots on the ceiling. These could be water stains or the formation of harmful mold. When notifying the proper person for repairs, make sure you have photos of all the problem areas and forward the photos to them in the event that they make the repairs while your not home. It is very important to make your request for repairs in writing, in order to avoid any misunderstandings. A certified letter with return receipt is an excellent choice in the event your complaints are disputed.
Notify and keep records
While most landlords would welcome the notification of a leak, since they have a financial interest in keeping their property safe and in proper repair. The unfortunate reality is that there are those that are considered to be ‘slumlords’and could not care about a tenant’s safety, but rather focus their concerns on maximizing profits [by minimizing expenses]. If you find yourself in a situation where the landlord does not respond to your request for repairs it is important to keep a log of all your complaints including the dates given and the names of whom you spoke to or mailed letters to. In addition, it is always a good idea in the event you are part of any government, or city program such as Section 8, to also notify them regarding the condition and habitability of your apartment.
Always seek medical attention
In the event that you or someone in your family does become injured as a result of a ceiling fall down or ceiling collapse, the most important thing is seeking prompt medical attention. Being struck by falling chunks of plaster unexpectedly has been known to cause blunt head trauma, severe neck and back injuries, serious shoulder injuries and on some occasions even paralysis and death. Always seek the proper medical attention immediately. Some neck and back injuries can lead to permanent, debilitating injuries from nerve damage if not treated properly. Never assume it is just a simple bump on the head as this could actually be a concussion that may result in a permanent brain injury if left untreated.
Know your legal rights and options
If you believe that you were injured because of your landlord’s neglect to properly maintain your apartment or if they failed to properly address your complaints, you do have legal rights -even if you are not a named tenant on the lease -you should always contact an attorney to discuss your options.
When trying to find an attorney always make sure the law firm has the proper experience and expertise and has handled premises liability and ceiling fall down cases, as these can easily become very complicated. San Razzano and the premises liability attorneys at Omrani & Taub, P.C., have successfully handled numerous claims against some of New York’s largest property management companies and landlords. For a free consultation clients should contact the office at 212-714-1515 or 212-529-7848 (that’s 212-LAW-SUIT).
Don’t let defective batteries burn you
Defective products injure thousands of people in New York each year. You should know how to avoid getting injured and what to do if you are injured. Earlier this year a number of laptop battery manufacturers expanded their recalls of defective batteries. Serious burns can be sustained due to exploding batteries. This is a bigger issue than most people realize. Today, more than ever, we rely on batteries to keep us connected to our lives and our work.
Do you get frustrated when your cell phone or laptop runs out of juice?
Sure you do. You miss calls, cannot check your emails, you’re disconnected and you lose precious time. It is always important to keep your batteries charged and properly maintained. Each type of battery has different ways to ensure longevity and healthy use so be sure to refer to your user manual for that important bit of information.
Exploding batteries are not a myth…
Although batteries are designed to operate in a wide range of conditions they can fail at certain temperatures and altitudes. Defective batteries, however, may spontaneously explode or burst into flames, even under normal conditions. This is not a myth, it happens all over the world, and it can happen to anyone, anytime. You must always take extra precautions to avoid getting skin burns to the thighs, knees, hands and even your eyes and face, from a defective battery.
– Check with your device manufacturer to verify if there has been a battery recall issued for your specific device:
o Dell – http://www.dellbatteryprogram.com
o HP – http://www.hp.com/support/BatteryReplacement
o Toshiba – http://www.bxinfo.toshiba.com
o Nokia – http://batteryreplacement.nokia.com
o Check with the U.S. Consumer Product Safety Commission
o Check with http://www.saferproducts.gov
– Never use a laptop while wearing shorts or in direct contact with your skin. Try to use an additional barrier between the device and your body whenever possible.
– Never use your battery-operated device outside of its recommended parameters.
– Never use a battery-operated device if it has come in contact with any liquid, chemical, fire or extreme heat.
– Do not place batteries or devices in direct sunlight.
– Replace worn-out or old batteries as recommended by the device manufacturer.
That worst case scenario…
If you or someone you know gets burned or injured from a defective or exploding battery seek emergency medical attention immediately. The scarring or lasting effects of a burn can be minimized by getting to a burn center or treating the burn appropriately and quickly. Contact the fire department if there is a flame or continued smoke coming from the device or battery.
Once the danger has been eliminated, hold on to any evidence you can, take pictures of the defective product, the injuries and the surroundings, place the defective product in a plastic container and hold on to it.
Get professional, legal help…
Contact an attorney, as soon as possible after the incident. Do not contact the manufacturer on your own, they will only try and minimize their responsibility. The law office of Omrani & Taub, P.C. has experienced personal injury attorneys who are acutely aware of the laws and intricacies involved in recovering compensation for current injuries as well as future pain and suffering sustained from defective products. To speak to an experienced attorney who can fight for your rights call Omrani & Taub at 212-529-7848 (that’s the famous 212-LAW-SUIT).