Accident Lawyer Queens

On February 26, 2010, In Accident Lawyers, Personal Injury Lawyers, By admin

Helping Accident Victims in New York

At Goidel & Siegel, we’re not just Queens personal injury lawyers – we’re specialists. Unlike other law firms that dabble in many types of law, we deal exclusively with injury law. Our experience and track record speaks for itself. For over 17 years, we have consistently attained the highest settlements and awards for our clients.

Our Queens accident attorneys care about our clients’ needs.  We understand the pain, anguish and frustration involved in an accident. It can be overwhelming and confusing. That’s why we have made it our mission to take our clients through the litigation process every step of the way.

New York Personal Injury Lawyer Practice Areas:

  • Queens Motor Vehicle Accidents — We handle all phases of motor vehicle accidents in New York including those involving cars, aircraft, busses, trucks, trains, subways and school bus accidents.
  • Queens Workplace and Construction Accidents — This includes accidents that occurred on construction sites, offices, elevators, machinery, as well as back, neck, and repetitive stress injuries related to the workplace.
  • Queens Slip, Trip and Fall Accidents — Accidents that occurred as a result of someone’s negligence, such as failing to clean up spills, clear snow and ice, or provide adequate lighting.
  • Queens Defective Product Accidents — We trust that products we purchased from a reputable store are safe, but unfortunately many manufacturers are negligent in their testing and quality control procedures, resulting in defective products that can cause serious injury. At Goidel & Siegel, we are fully able to handle your lawsuit involving defective products, including baby and children’s products, power tools, and automobile parts.
  • Queens Housing / Premises Accidents — This pertains to accidents occurring near buildings due to the building owners’ negligence. These include assaults, dog bites, elevator accidents, toxic mold illnesses, and window / roof falls.
  • Queens Sports Accidents — Unfortunately, personal injury can occur in any setting, including recreational ones. Some examples of sports accidents are amusement park accidents, bicycle accidents, boating accidents, while skiing, or involving a pool.
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When will New York adopt the Mode of Operation Rule?

On February 25, 2010, In Personal Injury Lawyers, By admin

You may not have heard of the Mode of Operation Rule, but this rule, applied in slip or trip and falls cases in self-service retail establishment, such as Wal-Mart, has been adopted by over 20 states including Connecticut, Massachusetts, Vermont and New Jersey.

My research fails to reveal one State Court case in New York*, adopting the rule let alone even mentioning it. Why this is, I don’t know for upon its application a defendant is put in the position of disproving that which the plaintiff was normally required to prove.

The rule provides that If a proprietor could reasonably anticipate a hazard could arise based on the manner in which his business regularly operates, a plaintiff does not have to prove actual or constructive notice of the hazard.

Or said another way in a case where the plaintiff slipped on beans:

“That someone was negligent seems clear enough. Vegetable debris carries an obvious risk of injury to a pedestrian. A prudent man would not place it in an aisle or permit it to remain there.

When greens are sold from open bins on a self-service basis, there is the likelihood that some will fall or be dropped to the floor. If the operator chooses to sell in this way, he must do what is reasonably necessary to protect the customer from the risk of injury that mode of operation is likely to generate; and this whether the risk arises from the act of his employee or of someone else he invites to the premises. The operator’s vigilance must be commensurate with that risk. …

Here the hazard could have been caused by (1) carelessness in the manner in which the beans were piled and displayed; or (2) carelessness of an employee in handling the beans thereafter; or (3) carelessness of a patron. As to (1) and (2), defendant is chargeable whether or not it was aware of its employee’s neglect. Defendant’s knowledge is relevant only as to (3), but even there, since the patron’s carelessness is to be anticipated in this self-service operation, defendant is liable, even without notice of the bean’s presence on the floor, if (4) defendant failed to use reasonable measures commensurate with the risk involved to discover the debris a customer might leave and to remove it before it injures another patron.

The customer is hardly in a position to know precisely which was the neglect. Overall the fair probability is that defendant did less than its duty demanded, in one respect or another. At least the probability is sufficient to permit such an inference in the absence of evidence that defendant did all that a reasonably prudent man would do in the light of the risk of injury his operation entailed. It is just, therefore, to place “the onus of producing evidence upon the party who is possessed of superior knowledge or opportunity for explanation of the causative circumstances.” Wollerman v. Grand Union Stores, Inc. 47 N.J. 426 (1966)

This theory of liability is not like the recurring dangerous condition cases, “where even absent proof that a defendant has actual knowledge of the condition on the date of the accident, a defendant’s actual knowledge of the recurrent condition constitutes constructive notice of each specific recurrence of it,” Erikson v. J.I.B. Realty Corp., 12 A.D.3d 344 (2nd Dept. 2004) as there is no need to show that the condition was recurring in a Mode of Operation Rule case.

*A New York District Court Case, DeLotch v. Wal-Mart Stores, Inc., 2008 U.S. Dist. LEXIS 47134, discusses it but rejects it on the authority of Gordon v. Am. Museum of Natural History, 67 N.Y.2d 836, 837, 492 N.E.2d 774, 501 N.Y.S.2d 646 (1986); and Faricelli v. TSS Seedman’s Inc., 94 N.Y.2d 772, 720 N.E.2d 864, 698 N.Y.S.2d 588 (1999) However, Gordon did not involve a large self service store and it appears that the Mode of Operation Rule was not put forth in Faricelli

(view original source here)

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Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards

On January 20, 2010, In Legal News, Personal Injury Lawyers, By admin

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following products. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Graco’s Passage™, Alano™ and Spree™ Strollers and Travel Systems

Units: About 1.5 million

Manufacturer: Graco Children’s Products Inc., of Atlanta, Ga.

Hazard: The hinges on the stroller’s canopy pose a fingertip amputation and laceration hazard to the child when the consumer is opening or closing the canopy.

Incidents/Injuries: Graco has received seven reports of children placing their fingers in the stroller’s canopy hinge mechanism while the canopy was being opened or closed, resulting in five fingertip amputations and two fingertip lacerations.

Description: This recall involves Graco Passage™, Alano™ and Spree™ Strollers and Travel Systems with the following model numbers and specific hinge mechanisms:

Model Numbers
6303MYC, 6303MYC3 7240DNB, 7240DNB2
7240MKL2, 7240MKL3		 7F02GLM3
6320IVY, 6320LAU 7241DDH2, 7241DHO3 7F04TAY3
6330CAP, 6330THR,
6330THR3		 7255CLP, 7255CLP2,
7255CRA2, 7255CRA3,
7255CSA3, 7255GPK3,
7255GRN, 7255GRN2,
7255JJB3, 7255ORC2,
7255WLO2, 7255WLO3		 7F07EMA3
6F00QIN3, 6F00RRY3 7256CLO2, 7256SPM2,
7256SPM3		 7F08DSW3, 7F08LAN3
6F03GLN3 7260BAN, 7260BAN2,
7260BAN3, 7260MRA2,
7260MRA3, 7260PKR,
7260PKR2		 7G00DLS3, 7G00DLS4
6G10CSE3 7270BIA, 7270BIA2 7G01CRL3
7235GGA, 7235GGA2 7E01JON2, 7E01JON3 7G04KRA3
7236CDR2 7F00LPE3, 7F00RSH3 7G05GPR3, 7G06WSR3
7237HOL2, 7237HOL3 7F01FOR3 7G07ABB3, 7G07BAT3

Graco manufactured two different styles of hinge mechanisms for these stroller models. Only strollers or travel systems with a plastic, jointed hinge mechanism that has indented canopy positioning notches (see photo below) are included in this recall. The recalled strollers were manufactured between October 2004 and February 2008. The model number and manufacture date are located on the lower inside portion of the rear frame, just above the rear wheels.

Sold at: AAFES, Burlington Coat Factory, Babies “R” Us, Toys “R” Us, Kmart, Fred Meyer, Meijers, Navy Exchange, Sears, Target, Walmart and other retailers nationwide from October 2004 and December 2009 for between $80 and $90 for the strollers and between $150 and $200 for the travel systems.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled strollers and contact Graco to receive a free protective cover repair kit.

Consumer Contact: For additional information, contact Graco at (800) 345-4109 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s Web site at www.gracobaby.com.

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CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC’s Hotline at (800) 638-2772 or CPSC’s teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC’s Web site at www.cpsc.gov.

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New York Motor Vehicle Accident Lawyers

On December 23, 2009, In Personal Injury Lawyers, By admin

There are countless ways in which negligence can occur in a motor vehicle accident. But when personal injury is involved, the result is always the same – pain and suffering.

We have experience in handling the full range of personal injury cases resulting from motor vehicle accidents.

Below are some of the Motor Vehicle Accidents we specalize in:

  • Aviation Accidents
  • Car Accidents
  • Defective Automotive Parts
  • Bus Accidents
  • Cruise Ship Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Roof Crush / Rollover Accidents
  • Subway Accidents
  • Train and Rail Road Accidents
  • Truck Accidents

The impact a motor vehicle accident can have on a person’s life can be huge. Goidel & Siegel are expert motor vehicle accident lawyers. We understand the legal and insurance issues surrounding motor vehicle accidents. Our extensive knowledge and experience handling motor vehicle lawsuits is why we are experts in the field.

Our New York accident attorneys don’t just handle car crashes. Motor vehicle accident victims include pedestrians on the street, passengers on airplanes, boats, busses, cruise ship patrons, and more. We can handle your case involving any type of motor vehicle accident.

Because we have almost 2 decades of experience as personal injury lawyers, and a long track record of very high dollar settlements, we are the best New York law firm to handle your case. Some of our motor vehicle cases include:

  • $2,000,000 Settlement: A van owned by the City of New York struck an 8 year old boy on a path inside Red Hook Park, Brooklyn. The boy suffered a fracture of the distal portion of one leg’s femur.
  • $1.500,000 Settlement: A van owned by a department store chain struck a student who was driving his car in Queens. The student suffered a fractured hip and internal injuries.
  • $700,000 Settlement: A speeding car struck a 72 year-old physician and broke his knee while he illegally crossed a street in the middle of the block, on the Upper West Side of Manhattan. The accident occurred at night, during a rainstorm. The vehicle was owned by an automobile rental company and was driven by an employee.
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Slip, Trip, and Fall Accident Lawyers

On December 9, 2009, In Accident Lawyers, Personal Injury Lawyers, By admin

http://goidelandsiegel.com/slip-trip-fall-accident-lawyer.htm

While the words “slip and trip” may sound innocent, any victim of a slip, trip or fall accident can tell you that their injuries are nothing to joke about.

Every visitor to a public place expects a certain level of safety. When the owners of a property fail to meet that expectation, serious personal injury can result. The slip fall lawyers of Goidel and Siegel are here to see that these property owners take responsibility for their negligence. We will see that you get the compensation you deserve for your slip and fall accident claim.

Slip, trip and fall accidents can occur in many different ways:

  • Trip and fall occurs when an object is left in a walkway that should normally be clear, such as spilled apples left on the floor of a supermarket.
  • Step and fall occurs when someone steps on a hidden hole or indentation, such as a manhole, a broken stair, or a hole in a walkway obstructed by leaves.
  • Stump and fall occurs when an object is dangerously jutting out of a walk or passageway, such as a threshold higher than the floor or an unlevel concrete sidewalk.
  • Slip and fall occurs when a walkway or floor that is expected to be safe is left covered with ice or snow, or other slippery materials such as water or grease.

Who Is To Blame?

While the property owner and the visitor of that property both share a responsibility to take reasonable safety precautions, the property owner must warn visitors of unexpected, dangerous conditions and they must maintain their property to avoid creating hazardous conditions.

In cases involving slip and fall accidents, generally plaintiffs must prove that the property owners either failed to maintain the property or created an unsafe condition which caused the injury (there are other theories as well, i.e. failure to warn). Whether the unsafe condition was permanent or temporary may be an issue. In instances where the condition was temporary, the length of time it existed may have bearing on your ability to prove your case.

Where Do They Happen?

Slip, trip and fall accident cases can occur anywhere. This area of the law, known as premises liability or slip and fall, allows people injured because of negligent property conditions, such as a defective condition or foreign substance / object, to claim compensation for their medical expenses, lost wages, and other costs incurred because of the accident. These type of cases include, but are not limited to, accidents occurring in supermarkets, on the street or sidewalk, on stairs, and in elevators.

Common slip, trip and fall accidents occur from:

If you or someone you know has been injured in a slip, trip or fall accident, contact New York personal injury attorneys Goidel & Siegel. We are the best New York personal injury attorneys to handle your case. As experts in the field of personal injury law, we have a long track record of high monetary settlements. Call to discuss your potential legal options during a free consultation today.

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Pillows Pose One of the Greatest Dangers Where Babies Sleep

On April 22, 2009, In Housing & Premises Accidents, Personal Injury Lawyers, By admin

U.S. Consumer Product Safety Commission Focuses On Safety in the Nursery and Around the House

WASHINGTON, D.C. – As parents prepare for a new baby with love and care, CPSC urges keeping safety in the mix. One area of great concern for the CPSC is pillow use in cribs. The CPSC is urging all parents to forego putting any kind of pillows in the crib due to the high risk of suffocation and entrapment. The CPSC is aware of at least 47 infant deaths between January 2006 and May 2008 associated with pillow use in the sleeping environment. In the 16 years between January 1992 and May 2008, pillows and cushions have been associated with 531 infant deaths.

“Parents should be especially vigilant when preparing for a new baby,” said Acting Chairman Nancy Nord. “Babies represent our most precious and vulnerable population.”

Nursery Safety

  • To reduce the risk of SIDS and suffocation, place baby to sleep on his or her back in a crib that meets current safety standards.
  • To prevent suffocation never use a pillow as a mattress for baby to sleep on or to prop baby’s head or neck.
  • Infants can strangle to death if their bodies pass through gaps between loose components, broken slats and other parts of the crib and their head and neck become entrapped in the space.
  • Do not use old, broken or modified cribs.
  • Regularly tighten hardware to keep sides firm.
  • Infants can suffocate in spaces between the sides of the crib and an ill fitting mattress; never allow a gap larger than two finger widths at any point between the sides of the crib and the mattress.
  • Never place a crib near a window with blind or curtain cords; infants can strangle on the cords.

Safety Around the House

  • Properly set up play yards according to manufacturers’ directions. Only use the mattress provided with the play yard. Do not add extra mattresses, pillows or cushions to the play yard, which can cause a suffocation hazard for infants.
  • Look for a toy chest that has a support that will hold the hinged lid open in any position in which it is placed or buy one with a detached lid or doors.
  • Small Parts – For children younger than age three, avoid toys with small parts, which can cause choking.
  • Magnets – For children younger than age eight, avoid building sets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and/or death can occur.
  • Select toys to suit the age, abilities, skills and interest level of the intended child. Look for sturdy construction, such as tightly-secured eyes, noses and other potential small parts.
  • For all children younger than age eight, avoid toys that have sharp edges and points.
  • Verify that furniture is stable on its own. For added security, anchor to the floor or attach to a wall.
  • Use outlet covers and outlet plates to help prevent electrocution.

CPSC encourages parents to routinely check toys and nursery products against CPSC recall lists and remove recalled products from your home. Sign-up for automatic e-mail recall notifications at www.cpsc.gov.

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

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2 Hurt On Bronx Whitestone Bridge After MTA Truck Knocks Down Overhead Sign

On March 27, 2009, In Car Accidents, Personal Injury Lawyers, By admin
George Attwal was driving on the Bronx-Whitestone Bridge when the accident occurred shortly in front of him. He took this photo from inside his car.

George Attwal was driving on the Bronx-Whitestone Bridge when the accident occurred shortly in front of him. He took this photo from inside his car.

An M.T.A. construction truck struck an overhead road sign on the Queens-bound plaza of the Whitestone Bridge at 1:10 on Friday afternoon, causing the steel sign structure to come crashing down on all five lanes and injuring two people who were on the truck, according to M.T.A. Bridges and Tunnels. The accident, which did not injure other passengers, the agency said, forced the immediate closure of the bridge. Cars were being rerouted to the Throgs Neck or Robert F. Kennedy Bridges just before the onslaught of Friday afternoon traffic.

The truck was driven by Alpha, a contractor for the Metropolitan Transportation Authority, according to Judie Glave, a spokeswoman for the authority, and the two men sustained minor injuries, one had a head injury and another had a fracture leg. According to the Fire Department of New York, one patient was taken to New York Queens Hospital.

“Right now we have our maintenance crews out there, they have to cut the metal part of the sign and remove it,” Ms. Glave said. “The hope is to get it open by rush hour.” She admitted that might be difficult.

George Attwal, a witness who said he was driving his Volkswagen Passat two cars behind the truck, described it as a pickup truck, with a crane-like operator in its bed, perhaps used like a cherry-picker to fix things, he said.

“I guess he forgot to lower it and it hit the roadway sign,” Mr. Attwal, 23, of Flushing, Queens, said in a telephone interview. “It collapsed right in front of us and two people fell off. They were standing in the back of the pickup. On person fell off and he rolled onto the road itself.”

Mr. Attwal, who was returning from a business call in New Jersey and headed to Long Island, said the accident, “all happened within two seconds.” The car in front of him slammed on its brakes, and he hit his brakes hard to avoid a collision.

He estimated that the truck was going 15 to 20 miles an hour, but questioned why the two people would be outside on the bed of the truck.

Ms. Glave said she had no information about where the passengers of the truck were at the time. As soon as officials arrived on the scene, they directed Mr. Attwal to turn around and take the Throgs Neck Bridge.

The bridge was most recently closed in February during high winds when a tractor trailer overturned, Ms. Glave said.

(Source NYTIMES)

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EPA Tightens Air Quality Standards for Lead

On October 31, 2008, In Housing & Premises Accidents, Legal News, Personal Injury Lawyers, By NewSunSEO

Allowable levels of airborne lead emissions will be reduced tenfold from current standards, under new U.S. Environmental Protection Agency (EPA) rules announced Thursday. The stricter regulations are intended to protect the public — especially chidren — from health problems associated with exposure to airborne lead.

The new, stricter airborne lead standards “tighten the allowable lead level 10 times to 0.15 micrograms of lead per cubic meter of air,” according to an EPA Press Release, and mark the first time lead standards have been changed in 30 years. The New York Times reports that representatives of a number of industries that are major emitters of lead — including metalworkers, recyclers, and utility companies — had traveled to Washington D.C. in early October, to plead their case for a less strict standard for airborne lead emissions. But under the new standards, “No later than October 2011, EPA will designate areas that must take additional steps to reduce lead air emissions. States have five years to meet these new standards after designations take effect,” according to the EPA.

Lead is a dangerous substance, especially for young children and older adults. Exposure to high levels of lead in the air — or in products like lead-based paint — can lead to nervous system damage, behavior and learning problems, hearing problems, and headaches.

(Source:FindLaw.com)

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At Risk: One Head Injury Sets the Stage for a Second One in Children

On October 24, 2008, In Legal News, Personal Injury Lawyers, By NewSunSEO

Children who suffer a head injury are much more likely to have another one within six months, researchers reported Monday. The big question is why.

Writing in Pediatrics, the researchers said the children they had studied were twice as likely as other children to injure their heads again. The study was led by Bonnie R. Swaine of the University of Montreal.

Until now, the study said, there has been some circumstantial evidence suggesting that one head injury predisposes children to another. Trying to determine if this was really the case, the researchers looked at what happened to more than 11,800 children, ages 1 to 18, who came to two pediatric emergency rooms over a little more than two years for treatment of a head injury.

Although the researchers were unable to establish what kind of children were at most risk to be injured again – beyond the well-known fact that boys are more likely to have injuries than girls – they suggested that repeated injuries probably involved a “complex interaction between children and their personal and social environments.”

To begin with, a mild head injury can cause continuing problems that may not be obvious. “Even subtle deficits in coordination, balance or endurance,” the study said, “combined with cognitive and behavioral limitations, might reduce a child’s ability to meet the demands of a difficult task.”

It may also be, the researchers said, that the children who are injured again are exposed to more hazardous environments or have less parental supervision.

The study recommended that families of children who have had head injuries might benefit from counseling on injury prevention. It also said doctors might consider extending the four-week restriction on activity that patients are often advised to follow.

(Source: NY Times)

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Brain Damage Increases Risk for Alzheimer’s Disease

On October 22, 2008, In Personal Injury Lawyers, By NewSunSEO

Persons who have suffered brain damage as a result of a traumatic brain injury have a two to four times greater risk of developing Alzheimer’s Disease.

Researchers at Washington University, St. Louis, and the University of Milan have concluded that the levels of a protein linked with Alzheimer’s disease rise as people recover from brain injuries. The research appears in the journal Science.

The protein increases the amount of amyloid beta, which may accelerate the development of sticky clumps of amyloid plaque that is a hallmark of Alzheimer’s disease according to the study.

For those who may not remember, president Regan had fallen from a horse and sustained a head injury prior to this contracting Alzheimer’s disease.

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