On Behalf of Simon & Gilman, LLP | Mar 6, 2019 | Firm News |
Your profession may call for you to use a ladder to complete a variety of tasks. For example, if you work as a painter or roofer, you’ll climb up and down ladders all day long.
While a ladder is one of the most functional tools on a job site, it’s also one of the most dangerous. Even if you’re careful about every move you make, you could still be part of a ladder accident that causes a serious injury.
Here are five ladder safety tips to follow:
- Never used a damaged ladder: Inspect a ladder before use, paying close attention to any damage or defects that put your safety at risk. For example, if one of the rungs is missing or cracked, mark it as damaged so no one uses the ladder until it’s fixed.
- Place the ladder on firm and level ground: A ladder that’s placed on soft and/or uneven ground is one that’s more likely to tip as you climb higher. It’s easy to overlook this detail, especially when you’re in a hurry to get the job done.
- Maintain three points of contact: You should always have two hands and one foot on the ladder, or two feet and one hand on the ladder. This helps you maintain stability at all times.
- Don’t carry a load that can pull you off the ladder: A heavy load has the potential to shift while you’re carrying it, thus pulling you off the ladder and to the ground below.
- Don’t place the ladder next to any type of traffic: This includes heavily trafficked areas by coworkers, as well as vehicles. If anyone bumps the ladder while you’re on it, there’s a chance you’ll fall to the ground.
Just because you’re involved in a ladder accident doesn’t necessarily mean you’ll suffer an injury. However, it’s important to receive medical care, as a brain injury, broken bone or soft tissue tear is not out of the question.
Once you understand your injuries, you can turn your attention to the cause of the accident. As you collect more information, focus on the steps you can take to receive compensation for your injuries and other damages.
Visit our website and read our blog for more information on the steps to take after an accident.
On Behalf of Simon & Gilman, LLP | Mar 1, 2019 | Firm News
A Rego Park couple is struggling to pick up the pieces after their 26-year-old daughter was allegedly struck and killed by a taxicab driver on Feb. 24.
Dispatch first started receiving calls from concerned Queens residents just after 4:30 p.m. this past Sunday. When they arrived at the intersection of 63rd Drive and Queens Boulevard, they found the young woman lying unconscious on the sidewalk. Bystanders surrounded her body. She was pronounced dead when paramedics arrived at the scene.
In speaking with witnesses, they learned that the taxi driver has been operating his vehicle in an erratic fashion before he seemingly jumped the curb onto the sidewalk and collided with the victim.
Witnesses also told police how the 55-year-old cab driver fled the scene of the crash after the incident occurred. Some even told police that they chased him down as he turned down a one-way street near 62nd Drive. It’s there that they said the taxi driver finally came to a stop.
Investigators who spoke with the woman’s parents found out that she had been walking home from her family’s Midtown Manhattan restaurant that she managed right before the incident occurred.
Police initially took the cab driver into custody but released him without pressing any charges against him soon thereafter.
Investigators are still trying to determine what may have motivated the taxi driver to drive recklessly. They’re also trying to figure out if he was aware that he’d struck someone when he fled the crash scene.
Motorists who are intoxicated by alcohol or drugs, distracted by their phones, drowsy or otherwise impaired are no match for New York City’s busy sidewalks and streets. An attorney can help no matter how you’ve been hurt or the circumstances under which your loved one was killed.
On Behalf of Simon & Gilman, LLP | Feb 22, 2019 | Firm News
According to ABC News, each year, just under two million American women are assaulted. Research that’s been previously conducted by both the Centers for Disease Control and Prevention and the Justice Department shows that as many as 25 percent of all women will be raped or sexually assaulted at some point in their lives.
There are, however, precautions women can take to minimize the risk of being attacked.
Keep your ears and eyes focused and hands unobstructed
One of the best things people can do to keep themselves safe when walking alone is to keep their ears and eyes open and their hands unobstructed.
Individuals who walk around with headphones in their ears or who are busy talking on their cell phones often are too engrossed in what they’re listening to. They don’t even hear or notice someone approaching them.
Those who have too many bags may have something a thief wants to steal. The more you have weighing you down, the more unlikely that is that you’re going to be unable to fight back if you’re attacked.
Change up your habits
If you seem to always take the same route home, then this makes you more vulnerable to being attacked. An attacker may become accustomed to your schedule as well as what and how much you carry with you and other peculiarities. By knowing all this, they can plan how best to inflict the most harm possible on you.
Take caution when using elevators
Each day, countless individuals get into an elevator car with someone that they don’t know. If someone on an elevator seems to be acting odd, then you may want to get off it and take the stairs. It’s important that you make sure that the individual isn’t following you. If they are, then you’ll want to step inside an office or restroom and attempt to lock the door so you can get away from them and call for help.
Walking outside alone in New York can be dangerous — but property owners do have some responsibility to make things safer for their guests. If you’re injured due to negligent security at an office building, hotel or another place of business, consult an experienced, compassionate personal injury attorney to learn more about your rights.
On Behalf of Simon & Gilman, LLP | Feb 15, 2019 | Firm News
Just last year, researchers with the website Localize.city published a report on some of the most dangerous intersections in Queens. Some in Jamaica, Flushing, Corona, Ridgewood and Jackson Heights had three-times the pedestrian or cyclist injury or death rates of all other ones in the New York City borough.
The Jamaica intersections deemed to be most dangerous were the ones located on 89th and 90th Avenue between 164th Street and 168th Place. It’s here that at least 351 pedestrians and 46 cyclists were injured. Four people were killed in or around these intersections.
In Flushing, the most dangerous crossroads for pedestrians and bicyclists to pass through were listed as Parsons Boulevard and College Point Avenue between 37th and Franklin avenues. It’s at that intersection that 571 pedestrians and 91 cyclists were hurt. Another 12 were killed.
The Corona intersection that researchers found the most dangerous of all were the ones that lie along Roosevelt and 35th avenues between 94th and 108th streets. It’s at these that some 455 pedestrians and 332 cyclists were injured last year. Nine were killed here.
In Ridgewood, the area where Myrtle and Woodward avenues cross with Forest Avenue and Grove Street came up as the most dangerous intersections in that neighborhood. It’s there that 237 pedestrians and 98 cyclists were hurt. Three were killed.
Finally, in Jackson Heights, the intersections of Broadway and 37th Avenue at Whitney Avenue and from 76th to 84th Street were listed as dangerous. It’s at these intersections that 499 pedestrians and 240 cyclists were injured. Nine were killed.
These crashes most commonly occurred near bridges or train tracks.
Proving negligence in a car crash case isn’t always easy, especially in an area like New York City where there is such heavy traffic on the roadways and sidewalks. If you’ve been seriously hurt in a crash, then you’ll want to work with a motor vehicle accidents attorney who’ll tell you that no matter how you’ve been hurt, they can help.
On Behalf of Simon & Gilman, LLP | Feb 8, 2019 | Firm News
Article 81 of New York’s Mental Hygiene Law describes an incapacitated person as being anyone who struggles to take care of his or her financial affairs or property. In instances where it can be proven that they’re unable to do this, the state allows for a guardian to be appointed to oversee the handling of these matters for them.
Before a petitioner is allowed to serve as guardian to another adult, a judge will have a court evaluator appointed to the case. That individual will be responsible for setting up a meeting with the alleged incapacitated adult to see what decisions that they’re capable of making.
There are a variety of reasons that a court evaluator may deem an individual to be too incapacitated to handle their own property or financial matters such as sudden-onset mental illness.
The Queens’ court evaluator will ultimately make a report to the judge presiding over the matter as to whether that disabled individual should be appointed a guardian. If they decide that they should, then they’ll also be responsible for reporting back to the judge about how much power over the incapacitated person that the guardian should have and how long it should remain in effect.
Requests made by one party to establish a guardianship over another are required to be brought before either a county or Supreme Court judge in the state. Before any guardian is appointed, a hearing must take place in front of them. If you want to give yourself the best chance of becoming a guardian to a loved one, then an estate planning attorney can help you strategize as to how to make that happen.
When construction sites pose hazards to the public
On Behalf of Simon & Gilman, LLP | Feb 6, 2019 | Firm News
Construction sites are generally subject to high levels of safety. Anyone entering a construction site will most likely be ordered to wear hard hats and high visibility jackets. However, construction sites can closely interact with public spaces, especially when workers are repairing sidewalks or the exteriors of buildings.
If you have been injured as a member of the public when near a construction site, you may have, unfortunately, suffered injuries that led you to seek hospital treatment. In addition to the pain, suffering and distress caused, you may have suffered financially because of the incident.
Most commonly, financial damages occur in the form of medical bills and lost wages, as well as childcare costs incurred during the recovery period. It is important that you hold the construction site responsible for your injury if you believe that the lack of safety standards were the cause of your injury.
Can I file a premises liability claim even if I was not present on the construction site when the injury occurred?
The construction site has the responsibility to keep the surrounding area free from hazards and from debris. If you can show that your injury was a direct result of the negligent or reckless actions of the construction site, you should be able to successfully make a claim.
What are the key signs of construction site negligence?
If a construction site interacts with a public space — for example, if it is in place on part of the sidewalk — there must be clear signs that the space is off limits and that there are hazards nearby. This means that the area should be blocked off by barriers so that a member of the public cannot accidentally walk onto the construction site. In addition, if hazards such as high voltage electricity currents are present on the site, specific signs should be in place to highlight the nature of the danger.
If you have been injured because of the negligent actions of a New York construction worker, it is important that you do not suffer in silence. By taking action, you may be able to recover damages and gain compensation for the suffering caused.
Workers often suffer winter injuries in Queens
On Behalf of Simon & Gilman, LLP | Feb 1, 2019 | Firm News
A new study published by the workers’ compensation insurer MEMIC Group captures how cold temperatures and snow appear to have an adverse effect on the number of injuries that employees are suffering.
Data compiled by the Bureau of Labor Statistics (BLS) shows that in 2014, as many as 42,480 workers suffered slip and fall injuries on icy or snowy surfaces in New York and around the country. All of them had to miss at least a day of work to convalesce.
Researchers with MEMIC found that while icy and snowy surfaces are dangerous for workers, they’re most apt to get injured when winter weather changes quickly from rain to sleet to ice and then snow.
The types of injuries that the insurer sees that result from workers having winter weather slips and falls greatly vary.
One of their lead researchers notes that it greatly depends on how the worker ultimately falls. They’ve seen cases in which some fell backward on ice and struck their heads on the pavement. Cases like these might result in long term brain damage. With others, they successfully braced their fall and ended up with nothing more than bruises or cuts.
Costs associated with the filing of claims related to winter working injuries vary as well.
A Queens worker who has minor cuts or bruises may end up missing a few days of work, or be left with medical bills that total a few hundred dollars. One who fractures their pelvis may require surgery, physical therapy and rehabilitation and more significant time off work resulting in hundreds of thousands of dollars in bills. A worker who becomes a paraplegic needs long term care and will be unable to work again. They may demand millions.
If you’ve been injured at work, you may want to seek representation from a personal injury attorney. That way you’ll have an experienced legal professional who can advise you and protect your legal interests.
On Behalf of Simon & Gilman, LLP | Jan 25, 2019 | Firm News
An 88-year-old man was struck and killed by a 40-year-old motorist as he walked about his Astoria neighborhood on Jan. 11.
A spokesperson with the New York Police Department notes that the octogenarian has only traveled approximately five blocks down the road from his home when he was struck by a car. He was reportedly crossing the street at the intersection of Broadway and Crescent Street when the driver of the 2016 Toyota sedan collided into him.
Paramedics who responded to the crash scene quickly collected the man’s lifeless body and transported him to Elmhurst Hospital Center. The victim died the following day from his head injuries. An autopsy on the Monday following his death confirmed that he had indeed died of the blunt force trauma that he’d suffered to his head in the crash.
The driver of the Toyota remained at the scene of the crash to cooperate with the police investigation. Investigators ultimately allowed him to go on his way without pressing any charges against him.
This incident marked the first pedestrian-vehicle crash to occur in Queens during the 2019 calendar year.
Crossing the street in New York City shouldn’t be dangerous, but it often is. Many individuals who survive being struck by a car are left with brain damage, neck injuries and other life-altering impairments that can be costly to treat, especially across your lifetime.
An attorney can help you secure the compensation that you need now to pay your immediate medical bills and then help you file suit for additional funds to cover your expenses in the future.
On Behalf of Simon & Gilman, LLP | Jan 23, 2019 | Firm News
The demands of modern life can make people feel like they need to be in two places at once. It’s no wonder that so many people divide their attention between more than one thing at a time. This process, called multitasking, can help people survive in the cutthroat modern workforce.
However, the practice of multitasking doesn’t help you survive when you are driving somewhere. In fact, it could increase your chance of experiencing a serious car crash. While you may know better and keep your focus on arriving safely, other drivers are likely attempting to multi-task at the wheel.
Every day, you probably cross paths with several people who are doing things like texting at the wheel or dialing their phone. You could end up involved in a crash that leaves you with serious injuries or major property damage as a result of someone else’s distraction. After all, distraction remains the leading cause of car crashes.
People know that they shouldn’t drive and text at the same time
For more than a decade, law enforcement and mainstream media have been aggressively warning the public about the risks of texting at the wheel. Much like drunk driving, people acknowledge that distracted driving is incredibly dangerous. Unfortunately, they seem to think that they have some secret to engaging in this dangerous habit safely.
Whether people think that they can split their attention between their phone and the road or just that they are good enough at driving that it won’t matter, the overestimation of their ability to handle the vehicle while texting could have tragic results.
New York has rules against phones in the car
In order to keep people safe on the road, New York has rules and laws in place that govern what people can (and can’t) do behind the wheel. Texting while driving is against the law in New York. So is the practice of manually handling a phone for any purpose at the wheel.
Even if you use hands-free devices, your mind and focus will still be on something other than the task at hand. It’s best to wait until you arrive. Turn off your ringer if you can’t avoid temptation when you hear your phone ping with a new message.
Distracted driving is unquestionably a form of negligence
It takes total focus to safely operate a motor vehicle. Despite the fact that most drivers understand the dangers involved, they may still choose to glance down at an email or a text on the road. If you have reason to suspect that another driver was looking at their phone when they caused a crash, you may have grounds for a personal injury lawsuit.
Discussing your situation with an experienced attorney is a good first step toward figuring out what rights you have after a distracted driver injures you or damages your property.
On Behalf of Simon & Gilman, LLP | Jan 18, 2019 | Firm News
A fire that ripped through a high-rise apartment building in Rego Park on Jan. 13, 2019, claimed the life of one resident and left many others with serious injuries.
The fire got underway just before 11:40 p.m. on a Saturday night at the multi-story 62nd Ave. apartment building in the Queens neighborhood.
A spokesperson with the Fire Department of New York notes that firefighters immediately entered the building upon their arrival. They climbed the stairs to make sure that all residents were aware of the fire and were evacuated from the building safely.
When they arrived at the fifth floor, the smoke was particularly heavy due to an active fire. They determined that this must have been where the blaze got underway.
By the time firefighters came close to doing extinguishing the fire, they had located a 51-year-old woman inside of one of the floor’s apartments. She was transported to Elmhurst Hospital suffering from severe smoke inhalation and passed away soon after her arrival there.
Firefighters also came across three other residents who were trapped by the fire on the fifth floor of the apartment building. They were all transported to Booth Memorial Hospital but are all expected to survive.
Investigators haven’t yet determined what may have caused the fire. In many instances, it can be building conditions that lead to apartment fires. If so, the liability for any damages and injuries will fall on the property owner’s shoulders under premises liability laws.
When you’ve been seriously hurt or lost a loved one to a sudden event such as a fire, you may be at a loss on how to move forward. An experienced and compassionate personal injury attorney can help you determine if you are entitled to compensation for your injuries and losses.
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