Is a Property Owner Liable for Your Assault Injuries?
Negligent security is a category of law that falls under premises liability. It refers to the property owner’s negligence in maintaining secure grounds.
When violent acts or crimes harm someone on an owner’s property, there may be a legal basis for a lawsuit against the property owner. In these types of cases, the civil lawsuit would hold the property owner accountable for damages resulting from the negligent security.
What Are Examples of Negligent Security?
Many property owners take security measures to prevent criminal assaults from occurring on their grounds. A lack of security measures may in some cases establish grounds of negligence. Security measures frequently include:
What Types of Establishments Must Take Security Precautions?
Lack of security in the following types of facilities can make the property owner and their agent liable for criminal assaults:
What Should You Do If Assaulted?
Sackstein Sackstein & Lee, LLP has experience handling this type of case. We offer a free consultation to evaluate your circumstances and whether grounds exist for pursuing legal action.
Progress Being Made in RSD/CPRS Treatment
In many cases, CPRS has been difficult to treat. Hearing that the FDA has deemed a drug a “breakthrough therapy” for CPRS treatment is encouraging.
RSC (Reflex Sympathetic Dystrophy) is an older name for the condition that today is called CRPS, which stands for Complex Regional Pain Syndrome. CPRS impairs the sympathetic nervous system and results in continuous, severe pain that goes beyond what is normal for the initial injury. This syndrome causes inflammation and produces symptoms in the skin, nerves, blood vessels and bones. It can also lead to short-term memory loss, spasms and various other symptoms.
While doctors do not know what causes CRPS, they do know it can manifest after an injury or surgery.
What Treatment Is Available for CPRS?
In 2016, the FDA categorized a CPRS treatment drug that was in clinical trial stages as a “breakthrough therapy.” The name of the drug is neridronic acid. Amiogen Pharma, which is an Italian drug manufacturer, discovered it. It is developing the drug jointly with Grünenthal, a German pharmaceutical company.
According to the Pain News Network, the FDA gave the drug a “Breakthrough Therapy” designation as a result of its Phase II clinical trial results. Treating CPRS patients with neridronic acid significantly reduced the pain and symptoms of CRPS.
Currently, there are no FDA approved treatments for CPRS. However, the FDA gave this drug both fast track and orphan drug designations. An orphan drug is a pharmaceutical drug being developed to treat a rare medical condition. Orphan disease is the term for a rare medical condition. The drug is currently in the Phase III trial stage. Once approved for the market, the Phase IV research trial begins where researchers evaluate long-term effects.
Individuals who meet the neridronic clinical trial requirements can participate in the clinical trial and receive treatments.
Are You or a Loved One a Victim of CPRS?
If medical malpractice was related to your CPRS condition, you may have recourse to recover compensation for injury. Compensation can help you offset the costly medical expenses involved with treating your condition.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss CPRS and legal action to protect your rights.
Hit and run Accidents Are Common in the Bronx
In September of 2018, major media networks reported three fatal hit-and-run accidents in the Bronx:
A hit and run accident is an accident where a driver involved in the collision knowingly fails to stop and provide information: name, driver’s license number, etc. to the injured party, a witness or law enforcement officers or if unable to stop fails to report the accident to authorities as soon as possible.
Under New York law it is illegal to leave the scene of an accident where serious injury or death has occurred.
In many instances, the driver fleeing an accident scene is also at fault for causing the accident.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss serious injury or death of a loved one in hit and run accidents.
Why Hit and Run Accidents Can Be So Devastating
A hit and run accident leaves the injured victim abandoned at the scene of the accident. While any serious car accident is a traumatic experience, being left without anyone to render assistance can make you feel helpless. In many cases, severely injured victims are unconscious and unable to move their cars or otherwise get off the road. The inability to move to a safe location can leave them open to further injury. Vehicles, pedestrians or bicyclists who are left vulnerable are often subject to further impact by other cars.
Traumatic Hit and Run Accidents that Occurred in Queens over the Past Few Months
Unfortunately, a number of hit and run accidents occur in Queens every year and are reported by the media. Several recent hit and run accidents in Queens include:
If you or a loved one has been injured or a loved one has died as a result of a hit and run accident, seek legal counsel as soon as possible. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss the injury and legal options that are available.
What Systems Should Hospital Staff Follow to Monitor Medical Conditions?
Monitoring a medical condition in a patient requires following set medical standards and guidelines that have been established to ensure that treatment is working and that a patient is recovering.
Medical schools at universities and hospitals that oversee surgery and treatment devise policies and protocols to prevent medical conditions from worsening or from occurring in the first place.
Study Reveals Failure to Monitor Infection and Ventilator Use
Columbia University conducted research that was published in the American Journal of Infection Control. The study reviewed infection control efforts at U.S. hospitals and was the most comprehensive study done in 30 years.
Infection control efforts are a specific type of patient monitoring. The study found that even intensive care units were lax in complying with policies. This was particularly shocking since ICUs are more prone to monitoring the devices they use than other areas of hospitals. Use of central lines, urinary catheters and ventilators is common in ICUs.
Study Findings
Best practices for preventing infections includes using checklists that help medical staff prevent bloodstream infections and avoid pneumonia in ventilator patients.
Note: Improperly inserted, utilized and maintained catheters can transmit deadly infections to the bloodstream.
Note: One straightforward and easily monitored item on a ventilator checklist is keeping patients elevated in bed, with the head higher than the feet. This one simple method can help prevent pneumonia.
The study found:
Statistical Facts
If you suspect that a failure to monitor a patient’s medical condition resulted in serious harm or death, consult with an experienced attorney. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss concerns about medical malpractice.
Symptoms of Birth Hypoxia or Asphyxia that Parents Should Be Aware of
Birth hypoxia and asphyxia both refer to lack of oxygen to the brain in a fetus. This can occur right before, during or immediately after birth.
Seattle Children’s Research Foundation explains that a baby’s cells do not function properly when deprived of oxygen and nutrients. Oxygen deprivation can result in waste products building up in the cells, which causes damage.
What Factors Determine the Degree of Harm?
Factors that determine the extent of harm include:
When hypoxia or asphyxia is mild, babies can fully recover. When it is severe, a baby may suffer from permanent injury, affecting the baby’s brain, heart, lungs, kidneys, bowels or other organs.
What Can Cause Asphyxia or Hypoxia?
The following can result in these medical conditions:
What You Should Look for
When suffering from asphyxia or hypoxia, a baby could be manifesting the following symptoms:
If you suspect that medical malpractice might have been a factor in your child’s care, consult with an experienced medical malpractice attorney. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your concerns.
Why Are Falls from Heights So Significant in New York City?
New York takes construction accidents involving falls from heights very seriously. In fact, the NY State Legislature passed the Scaffold Law (NY Labor Law 240) more than a century ago based on its safety concerns.
Despite complaints about the Scaffold Law from general contractors and companies involved in the New York construction industry, numerous statistics support the fact that the law exists for very good reasons.
Statistics that Support the Existence of the Scaffold Law
According to the NYC Health report entitled “Fatal Injuries Among NYC Construction Workers,” construction workers comprise about five percent of the total workforce in New York City. However, they make up 27 percent of work-related injury fatalities.
Frequently Asked Questions Related to Construction Worker Fatalities
The answers to the following questions are statistics taken from the period of 2007 to 2014.
How many construction workers die due to work-related injuries every year in NYC?
An average of 20 construction worker job-related deaths occurred every year.
What was the main cause of fatal construction worker injuries?
More than half (58%) of unintentional fatal injuries resulted from falls.
The highest percentage of falls occurred from scaffolds (25%).
The second highest percentage of falls occurred from ladders (16%).
The third highest percentage of falls occurred from roofs (11%).
To what extent did OSHA violations contribute to work-related fatalities?
At least one serious safety violation was cited in more than 90% of the OSHA fatality investigations. A serious safety violation is one that could result in serious physical harm or death.
What were the most common OSHA violations?
The most common OSHA violations occurred in this order: lack of training, lack of fall protection, scaffolds violations, stairs and ladders violations, electrical equipment violations, protective equipment violations, etc.
What are examples of fall protection violations?
Not meeting the requirements for guardrails or a properly anchored harness are prime examples.
Have you suffered from serious physical injuries or lost a loved one due to a fall from height?
Find out what legal recourse is available to you. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your injuries and evaluate the prospects of suing for damages.
August 25–26, 2018: the SUMAQ Peruvian Food Festival in Nassau County on Long Island
This year, Sackstein Sackstein & Lee, LLP takes pride in being the lead sponsor of the SUMAQ Peruvian Food Festival. Our attorneys and staff are very committed to serving the people where we work and live, and we strongly believe in the principle of giving back to our communities.
For more than three decades, our attorneys have had a prominent standing throughout the New York City area, and we have offices in Garden City, Flushing, Brooklyn and Queens. It has been our pleasure to assist numerous clients and their families. We primarily focus our practice on personal injury law, which involves helping individuals who have been injured as a result of someone else’s negligence recover compensation for pain and suffering, disability income and other related damages.
What is the SUMAQ Peruvian Food Festival?
SUMAQ is a word that translates as “delicious,” and it is from the language of Quechua, spoken by indigenous peoples of Peru, Ecuador, Bolivia, Argentina, Chile and Colombia.
The Peruvian Food Festival is being held both indoors and outside the Cradle of Aviation Museum in Garden City on August 25 and 26, and is New York's largest outdoor Peruvian food festival. Through a variety of activities, the festival celebrates Peruvian cuisine and culture. Renowned Peruvian chefs will be preparing their gourmet dishes. Their experience is extensive and they boast impressive accomplishments such as being winners on the Food Network Channel show Chopped, learning culinary skills under top Peruvian chefs in world class restaurants and refining their regional dishes to high levels of mastery.
In addition to the delicious Peruvian cuisine, artisans and crafters will display their artwork, and you can see traditional dancing and colorful costumes worn in Peru.
Come and enjoy the celebration!
Can Injured workers and families who have lost their loved ones pursue lawsuits?
By December of 2017, a construction site at 61 Ninth Avenue in Chelsea had been repeatedly cited for construction code violations.
On December 18, a 54 year-old construction worker was standing on the sidewalk when an anchoring bracket came loose. Scaffolding from 10 stories above him plummeted to the ground, striking him on the head. The worker’s body lay sprawled on the ground. He was unconscious, suffering from a debilitating head trauma. Paramedics rushed the worker to the hospital, but he died an hour later.
Worst of all, the accident was completely preventable. The New York Daily News reported that for seven months, since May 2017, inspectors had visited the work site and cited the general contractor for multiple violations, many of which dealt with scaffold issues.
What recourse do families have under New York law for fatal construction accidents caused by falling objects?
New York Labor Law 240, also referred to as the “Scaffold Law,” offers legal protection to construction workers who suffer injury and families who lose loved ones in height-related accidents. The general contractor and property owner are strictly liable and can be held accountable for injuries that occur due to unsafe work conditions. This not only applies to workers who fall from heights, but also for workers who suffer injury from falling objects and debris when working under a scaffold, ladder or roof.
Failure to tie down materials, replace worn out parts, failure to install guardrails or to ensure workers have hard hats or other safety equipment when involved with work done at heights are in violation of Labor Law 240.
Compensation can help offset financial burdens
Construction workers take risks daily at construction sites. Their families trust they will come home safely, but when the worst happens, the shock and loss can be overwhelming. Even so, there is no need to suffer economic hardship. You can recover compensation for medical costs, future lost income and other related expenses.
At Sackstein Sackstein & Lee, LLPhttps://sacksteinlaw.com, we offer a free initial consultation to discuss construction site injuries and death, and the prospects of taking legal action.
Unsafe Conditions Can Lead to Serious Construction Job Vehicle Accidents
Construction job motor vehicle accidents often occur due to OSHA violations. Many different types of vehicles are used in construction site work including cranes, forklifts, platform lift trucks, motorized hand trucks, bulldozers, delivery trucks, excavators, front loaders, dump trucks, backhoes, graders, cement mixers and trenchers.
OSHA listed powered industrial truck standards violations as one of the top 10 most violated standards at construction sites in the year 2017.
What is considered a powered industrial truck?
Other names for powered industrial trucks are lift trucks or forklifts. Their main purpose is to move materials, by raising, lowering or removing large objects. They can also be used to move smaller objects on pallets or in crates, containers or boxes. Trucks or earth-moving equipment that are modified by adding forks are not considered powered industrial trucks, even though they may be used to move materials.
What dangers are related to driving powered industrial trucks?
Dangers depend on the type of forklift. A high-lift rider truck that lifts loads to greater heights than a hand truck is more prone to falling load accidents. Types of accidents that often occur may involve workers who suffer injury when lifts fall between loading docks or due to unsecured trailers. Injuries also occur when lift trucks strike workers or when workers fall while working on elevated pallets and tines.
If you are a construction worker and notice that working conditions are dangerous, you have the right to file a complaint with OSHA and request a workplace inspection. All too often, serious or fatal accidents happen before violations are dealt with to make a safer work environment.
When to Seek Legal Help
If you suffer serious injury in a construction job vehicle accident, discuss your injury with an experienced attorney and get a case evaluation. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your injury and the prospects of taking legal action