On Behalf of Simon & Gilman, LLP | Aug 10, 2018 | Firm News
A study published late last month by researchers at Harvard Business School suggests that prospective medical device manufacturers may have their innovative inclinations slowed because of a fear of being sued if it doesn’t work as intended. At the same time, the researchers found that the rush to patent new ideas continues to be a popular choice of many design firms.
For the purpose of their analysis, the researchers delved further into the plight of polymer, or general-purpose technologies, suppliers. More specifically, they looked at the legal risks faced by upstream suppliers, or those who took the raw materials and actually fabricated these devices impacted downstream ones. The latter are the ones actually responsible for marketing and selling a product.
What the researchers found is that, in this litigious world we live in, upstream suppliers tend to shy away from taking their innovative products to market. They often fear being held legally accountable if it fails to do what it was designed to do. They found that this has greatly impacted the downstream suppliers’ ability to be innovative in getting these implant technologies in consumers’ hands.
This fear has resulted in many companies not patenting their implant devices as much as their nonimplant ones. The researchers contend that patents for new implant technologies are 36 percent lower than those for nonimplant ones because of this.
Many states including New York allow for product designers, manufacturers and marketers to all be held liable for any injuries that a person suffers from using a dangerous or defective product. Through aggressive litigation, a Queens personal injury attorney may be able to help you recover medical costs and lost wages among other types of damages in your case.
On Behalf of Simon & Gilman, LLP | Aug 9, 2018 | Firm News
As a pedestrian, you never want to think the worst but you must prepare for anything that could go wrong. While you have control over every step you take, you don’t know what other people will do. For example, a driver could make a mistake that puts you, among other pedestrians, in a bad situation.
Drivers have the obligation to exercise reasonable care, but that doesn’t mean they always do so. Here are some of the most common factors resulting in a pedestrian-car accident:
- Distracted driving. When a person is distracted, they are unable to keep track of what’s happening around them. Distractions, such as texting and driving, can cause an accident.
- Speeding. Even with a posted speed limit, some drivers don’t feel that it’s necessary to obey the law.
- Disobeying traffic signals or signs. For example, failure to stop at a red light could result in a vehicle striking a pedestrian (or pedestrians) in a crosswalk.
- Failure to yield to pedestrians. Drivers are required by law to yield to pedestrians at crosswalks.
- Disregard for weather conditions. Weather conditions, such as rain and ice, should alter the way a person drives. This doesn’t always happen, such as someone continuing to drive too fast when the roadways are slick.
- Driving under the influence. Alcohol, illegal drugs and prescription drugs make it difficult for a driver to exercise good judgment.
You can control your actions
You don’t have any control over drivers, but you do have full control over your actions.
Some of the things you can do to enhance your safety include:
- Cross the street at intersections and in crosswalks
- Follow the “walk” and “don’t walk” signals at intersections
- Always assume that drivers don’t see you
Even with the best intentions, you could still be part of an accident. This calls for immediate attention, including:
- Calling 911
- Administering first aid (if possible)
- Receiving medical treatment at the scene and at a local hospital
As you recover, you can learn more about the accident. For example, read through the police report to get a better idea of what went wrong. For instance, you may find that the person who struck you was later arrested for driving under the influence.
After you do all these things, implement a plan for holding the negligent person responsible for your injuries and other damages.
Bicycle commuters: Keep these safety tips in mind
On Behalf of Simon & Gilman, LLP | Aug 8, 2018 | Firm News
If you live in or around a big city like New York, there’s a good chance you’ve come to realize the benefits of commuting on a bicycle. From the gas savings to the exercise to reducing your carbon footprint, it’s safe to assume you enjoy every minute you spend on your bike.
Unfortunately, you always have to concern yourself with being part of a bicycle-car accident.
As a bicycle commuter, there are four safety tips you should follow at all times:
- Ride on the street or a bike lane. It’s easy to assume that riding your bicycle on the sidewalk is the safest bet, but this isn’t the case. You are much better off riding on the street or in a designated bike lane, as both areas allow you to move freely and at a good rate of speed.
- Stay on your toes. As you ride your bicycle, you’ll realize there’s always something going on around you. From pedestrians to motor vehicles, you have to stay alert at all times. It only takes one mistake to cause an accident, so you never want to let your guard down.
- Always signal. Once you get into the habit of doing this you’ll realize just how important it is. By signaling, you let everyone know of your intentions before making a turn. This holds true of motor vehicle operators, pedestrians and other bicyclists.
- Wear the appropriate safety gear. Many people neglect to do this when commuting to or from work, but it’s a mistake that can backfire if you’re part of an accident. There are many forms of bicycle safety gear, with a helmet among the most important. You should also wear gloves, while making sure your shoes are appropriate for riding (leave the high heels in your bag).
A growing number of people are realizing that commuting on a bicycle makes the most sense, as it saves them both time and money.
As a bicycle commuter, an accident is your primary concern. If this happens, do the following:
- Call 911
- Stay where you are and administer first aid until help arrives
- Receive medical attention
- Learn more about the cause of the accident
Once you do these things, you’ll feel better about your health as well as the steps you can take to hold the negligent party responsible. You have legal rights as a bicyclist and you want to protect them.
An Astoria bicyclist is struck, dies the next day
On Behalf of Simon & Gilman, LLP | Aug 3, 2018 | Firm News
A motorist and a bicyclist collided, killing the 22-year-old rider at the intersection of 23rd Avenue and 35th Street in Astoria. The fatal collision occurred on July 23 at around 11 p.m.
Witnesses who were interviewed by representatives with the Highway District Collision Investigation Squad (HDCIS) for the New York Police Department (NYPD) reported seeing the bicyclist collide into the front of the Ford van. The impact was apparently so severe that it left damage along the passenger side of the vehicle.
When emergency crews arrived at the crash scene, they determined that the bicyclist had suffered traumatic injuries to both her head and lower limbs. They quickly whisked her away to Elmhurst’s NYC Health Hospitals. She was pronounced dead the following day.
The 28-year-old driver who struck her remained at the scene and cooperated with their investigation. Police reportedly haven’t yet completed their investigation into the crash nor decided whether to file charges related to the motorist’s involvement in the crash.
A local Queens Democratic councilman who represents Astoria formally requested that the New York City Department of Transportation conduct a safety assessment of the intersection where the incident occurred. He says that it’s important since many crashes at that location have resulted in injuries and fatalities in the past few years.
There are a few standard reasons bicycle accidents occur. One of the more common reasons is because motorists fail to yield to bicyclists’ rights of way. Bicyclists often suffer catastrophic injuries from bike crashes and need to protect their rights to pursue financial compensation for their injuries.
On Behalf of Simon & Gilman, LLP | Jul 27, 2018 | Firm News
Although it’s fairly commonplace to see stories in the news or on television about how things can go wrong at the end of life without an estate plan being in place, there are still an estimated 55 to 65 percent of Americans who don’t have even in a will in place. Many don’t because they think they don’t have enough assets to leave behind for anyone. Others think estate planning is too complex.
What most people seem not to understand is that things are far more complex when someone doesn’t have an estate plan.
The majority of the work involved in crafting an estate plan comes in trying to compile a list of your real estate and other investments, banking and retirement accounts, sentimental or collectible item, insurance policies and other assets and debts.
Also difficult can be trying to decide who you feel is responsible enough to handle being appointed an executor of your estate. The person that you should select for this role should be both trustworthy and responsible, as it will ultimately come down to him or her making sure that your wishes regarding asset distribution are handled and that your final expenses are paid.
You’ll also need to give who you’d want to inherit your different assets some thought. If you decide to have a health care proxy, then you’ll want to make sure you tell that person what your medical preferences are and make sure that he or she feels comfortable taking on that role. If you have minor children, then you’ll want to figure out who would be best suited to take care of your kids if you and their other parent were to unexpectedly pass on.
Once you’ve compiled all of your important financial data and determined who you want to receive your assets and handle your affairs, then you’ve done the hardest part of the estate planning process. You’ll want to turn your attention to a Queens estate planning attorney to help you plan for your future.
On Behalf of Simon & Gilman, LLP | Jul 20, 2018 | Firm News
If you like to head out to the local park to go for a walk, jog, take the kids to play or to ride your bike, then there’s a strong likelihood that you may encounter either a stray or aggressive dog. While some attacks may be unavoidable, there are some basic steps you can take avoid one.
One of the more common reasons dogs are able to attack pedestrians is because people are often too distracted to notice dogs approaching.
Whether they’re talking to someone else, playing with their kids or listening to a phone or earbuds, such distractions can prevent individuals noticing a dangerous dog until it’s right at their feet. Simply removing one earbud can greatly improve your ability to hear a dog or someone else if they’re quickly approaching you.
If you see a dog that appears to be moving fast in your direction or appears to be barking or growling for no apparent reason, then you don’t want to scream at them or run away from them. Instead, gingerly get out of their path. Talk to them in a monotone voice as well. If possible, you may want to move to the other side of the street and continue your commute further away from the animal.
Just as you don’t want to scream or run away from a dog, you also shouldn’t look it in the eyes. If you do, a dog may take this as a sign of aggression.
Finally, if you see where a dog is planning to lunge, take any bulky object you have, whether it’s a backpack, suitcase, jacket or purse and put it between you and the animal. Doing so may end up with your possession being bitten, but this will be far better than having your skin punctured instead.
While some dog bites may simply be nips that do nothing more than puncture your top layer of skin, those that go as deep as your muscle or bone can leave you with a permanent injury or dead. Depending on where an attack took place, an experienced Queens personal injury attorney may advise you of your eligibility to recover the medical costs you’ve incurred.
Ranking deadly bicycle accidents by type
On Behalf of Simon & Gilman, LLP | Jul 13, 2018 | Firm News
Accidents between cars and bicycles are among the most dangerous crashes that can occur. Even a cyclist with proper riding gear and a bike helmet has relatively little protection during the accident. There is a high chance of a fatality.
To better understand how these crashes take place, let’s take a look at the types of deadly accidents that happen most. In order, they are:
- 40 percent: Rear-end accidents
- 12 percent: Unknown accidents
- 10 percent: T-bone accidents, or side impacts
- 8 percent: Head-on collisions
- 7 percent: No involvement with cars at all
- 6 percent: Right hook accidents
- 6 percent: Failure to yield accidents
- 5 percent: Other accidents
- 4 percent: Sideswipe accidents
- 2 percent: Cyclists failure to yield accidents
As you can see, the vast majority of bicycle accidents — at least fatal ones — do involve cars. In many cases, as evidenced by just 2 percent occurring when cyclists failed to yield, the drivers are at fault.
It is no surprise that rear-end accidents are the most common by a long shot. Cyclists are supposed to ride with traffic. Typically, they need to stay off of sidewalks and ride in the road, on the shoulder or in a bike lane. This means that traffic constantly overtakes them, and cyclists may not even realize that they are about to get hit until the impact occurs.
This type of accident, even if it is not fatal, can lead to incredibly high medical bills, lost wages and other costs. If you are involved in one, or if a loved one passes away, make sure you know what legal options you have.
On Behalf of Simon & Gilman, LLP | Jul 11, 2018 | Firm News
It takes a lifetime to build up a valuable estate. Many people spend 30 years paying off the mortgage on their home, and it can take as long, if not longer, to develop substantial assets and other areas. You likely wish to be the one in control of how your assets get distributed after you die.
After all, an estate plan, in many ways, is how you create your own legacy for the world. You expect that your executor, and heirs, will respect and follow the requirements in your last will. Sadly, everyday, people choose to contest a loved one’s will. They may do this because they think one person will influence the will too much, or they may just want more of the estate. Thankfully, there are certain things you can do to reduce the risk of your heirs fighting over your assets after you pass on.
Communication is key to establishing reasonable expectations
For many families, the issues with an estate relate to unrealistic expectations by heirs. For example, if one of your grandchildren feels like he or she is your favorite, that could lead to expecting a bigger portion of your estate than other grandchildren. If the will includes equitable shares for each grandchild, the person who considers himself or herself your favorite could feel upset. That could motivate a challenge to the estate plan or last will.
Your best option for reducing this kind of conflict is to talk openly with your family members and heirs about your estate plan. If everyone knows what to expect before you die, they will not feel as upset or shocked by the contents of your will after you pass.
It is particularly important that you address reducing someone’s inheritance or disinheriting somebody from your family. Issues like substance abuse or criminal activity could lead you to disinherit a family member. Those same issues, however, will not preclude that individual from challenging your will at a later time. In some situations, creating a trust may also be a way to ensure that your heirs receive a reasonable amount of the estate without the potential for squandering it.
Include a no-contest clause in your will and tell your heirs
A no-contest clause is a special addition to your will that penalizes anyone who challenges your estate plan or will in court. Penalties can range from reduction of an inheritance to the complete elimination of it in some circumstances. Most of the time, New York probate courts uphold no contest clauses. There are some exceptions that you need to understand.
In a situation where the deceased disinherits an infant or an heir has probable cause to suspect a forgery or undue influence, the courts may allow a challenge without the consequences of a no-contest clause. In most other circumstances, the courts will uphold such a clause.
Knowing that he or she could lose out on everything in the inheritance could be enough to dissuade an unhappy heir from challenging your will. Make sure your family knows about this clause and the potential penalties, along with the rest of the contents of your will. Communication with your family is one of the best tools for reducing the likelihood of unhappy heirs after you pass away.
On Behalf of Simon & Gilman, LLP | Jul 6, 2018 | Firm News
New York City’s Department of Buildings (DOB) estimates that there are as many as 84,000 elevators being operated across the city’s five boroughs. While it would be difficult to most to navigate getting to some of the upper floors of New York’s highest skyscrapers without them, they can be remarkably unsafe.
A report released by the New York State Comptroller’s office just last month shows that an alarming number of elevators inspected in the city are performed carelessly.
The DOB’s recent audits of 12 elevator inspection reports spanning nine buildings are alarming.
At least one-quarter of the lifts re-inspected were found to have had door restrictors that were defective. This is what can keep an elevator’s doors from opening in between floors. A Brooklyn infant and mom fell to their deaths in 2016 when the doors of the elevator that they had been riding on had this happen to it.
In at least two cases, auditors found that inspectors signed certificates claiming that the elevators were indeed safe even though they’d never gone to look at them.
Also, in another instance, an inspector didn’t measure the cables used to hoist the car up to make sure that they were strong enough to continue to do so. In at least two instances, cables that showed abrasions or roughing weren’t reported, even though that’s one of the early signs that it may give way.
Other alarming situations auditors uncovered included poor or nonexistent maintenance records, expired fire extinguishers and nonoperational phones aboard the elevator cars.
The DOB’s reaction to the findings is simply that they’re much more stringent when inspecting elevators than third parties are. The department’s spokesperson notes that fines and penalties for violations are generally steep. He notes that they’re that way to keep all parties honest and the city’s buildings safe.
One of perhaps the scariest and most fatal instances that can occur aboard an elevator is for its cables to break and for the car to fall quickly from a high floor all the way down a shaft. This would undoubtedly result in crippling injuries or death. A Queens personal injury attorney can explain what course of action you may want to take if you have been injured in a poorly functioning elevator or lost a family member in one.
On Behalf of Simon & Gilman, LLP | Jul 2, 2018 | Firm News
Construction workers face some very unique hazards when they are on the job site. It is imperative that everyone working in this industry is in a safe environment on the job. In order to increase worker safety, employers must ensure they address the “fatal four,” i.e., the four most deadly types of accidents for construction workers.
Around one out of every five work-related deaths in the private sector happen to those working in the construction industry. Of the deaths in this field, nearly 64 percent are caused by four specific accidents, namely:
1. Falls
By an overwhelming margin, the most deadly construction accident is a fall. Almost 39 percent of all construction worker deaths occur in falls. There are many different ways that employers can protect workers from this type of accident. Fall arrest devices or harnesses can increase safety if these are used properly.
Construction workers in New York have some extra protections from falls due to the strict liability placed on employers in New York Labor Law 240, commonly referred to as the “Scaffold Law.” This statute takes the safety burden off of the workers when they are working above ground level.
2. Struck by object
Coming in second on the fatal four list is workers struck by objects. This type of injury accounts for more than 9 percent of worker deaths in this industry. Requiring hard hats to always be worn on job sites can reduce the number of worker deaths from falling objects.
3. Electrocutions
Being electrocuted is the third most deadly accident for construction workers. It accounts for more than 8 percent of all deaths. Making sure that anything electric is handled appropriately can help prevent these deadly accidents. Equipment with malfunctioning electric components should be tagged out until they can be repaired or replaced.
4. Being caught in or between objects
Rounding out the fatal four is workers caught in or between objects, which accounts for over 7 percent of industry deaths. This category includes a variety of circumstances, including building and trench collapses, being stuck between equipment and a stationary object and being pinned against an object. Using spotters for heavy equipment and requiring workers to wear bright, reflective clothing, e.g., vests, can improve safety in this area.
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