Articles Posted in Wrongful Death

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E Cig
In the past decade, E-Cigarettes or Vaping has become almost commonplace.  From those who feel it is a safe alternative to smoking, a good method to quitting, or the new social “it” thing to do, everyone from teenagers to adults are using it.

The produce essentially heats a liquid that goes into an aerosol which the user inhales.  The products side effects are not limited to ultrafine particles that can be inhaled deep into the lungs with flavorants such as diacetyl a chemical that has been linked to serious lung disease.

Just read this quote from a young adult from an article recently published by NBC News:

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Tesla Logo
As an attorney representing car accident victims quite often, the recent news of two Tesla vehicles that crashed while in self-driving or autonomous driving mode raised a lot of questions.  From the attorney perspective, we are taught to evaluate an accident applying two major elements.  The first element is negligence, a two prong question.  First, d id the operator of a motor vehicle, operate his or her car in a way that was unreasonable under the circumstances.  The failure to operate your car in a reasonable manner is the first element of negligence.  The second element is proving that that failure, was a substantial factor or proximate cause of the accident.  The lines are blurred when we consider modern technology.  We must now consider whether the vehicle itself was negligent.

Tesla advises all of its owners that it’s autopilot feature DOES NOT mean that the vehicle is operating itself.  However, all marketing and news stories are describing the benefits of placing the car in autopilot mode and allowing the car and its sensors to sense the road and vehicles and obstructions around it.  Given this dichotomy, one must ask if the warning given is sufficient to free Tesla of any responsibility.

Joshua Brown’s death was the first reported death while operating a vehicle in autopilot mode.  This month, his vehicle collided with an 18 wheeler when the autopilot feature and the surrounding sun glare did not allow the vehicle’s autopilot features to react in a reasonable and timely manner.  The National Transportation Safety Board is investigating this accident with a focus on fault of the vehicle’s autopilot features.

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Court Image
The Second Circuit of the United States Court of Appeals held that General Motors failed to properly disclose its knowledge of ignition switch defects and accordingly it will now have to face many lawsuits for injuries and other damages, that were once dismissed as part of its bankruptcy filing.

In 2009 General Motors declared bankruptcy.  In doing so, it sought to take any of its viable assets and in an organized sale, transfer them to a new entity now known as “new GM”.  When a company files for bankruptcy they must disclose claims known or likely to be known.  The reason is that when bankruptcy is granted, all debts known or likely to be known are wiped out and the company gets to move forward as a new “reorganized” entity.

Though GM was near financial collapse and the Court did want to maintain a company with thousands of employees, they are not above the law.  The safety of many was at risk and many injuries and deaths had occurred due to defective ignition switches which had caused movement stalls and air-bag non-deployment.  The cause was simple: the poorly improperly designed  ignition switch could slip from the run position and therefore cause many features to fail while in operation.

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Dresser IKEA
Having a newborn is one of the great gifts life has to offer.  A new baby ready to discover the world. Parents ready to provide a safe environment.  However, many products that companies sell to the public are dangerous and can cause serious personal injuries and even death to the innocent and helpless.

This past week, the world’s largest retailer IKEA recalled 29 million dressers.  The Malm and other models of chests pose a serious hazard, and consumers were urged to anchor the items or return them, the U.S. Consumer Product Safety Commission said Tuesday on its website.  The dresser, it was reported had caused 6 deaths and had 82 incidents.

Sadly, the problem is not new.   As is often the case, it is not until litigation is brought or serious injuries or death occur that a company chooses to recall and fix a product; often placing profits over safety.

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Sadly, pedestrian knockdown accidents are all too common in New York City these days.  The the increase in traffic and the growing population, car accidents and pedestrians being struck are more common than ever.  This came to light and destroyed a family this past week in Brooklyn.

http://abc7ny.com/traffic/suspects-sought-in-canarsie-hit-and-run-that-killed-woman-injured-husband/1317604/

51 year old Choo Tain was struck and killed by an alleged stolen vehicle that first collided with another car at the intersection of East 94th Street and Avenue K.  They were both on the sidewalk when, as a result of the first collision, the stolen vehicle mounted the sidewalk and struck her and her husband who also sustained serious injuries.

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It was with great anger that I read the article from the NY Times discussing a South Carolina man who was fatally shot by a police officer after being pulled over for a broken taillight on his vehicle. As Walter Scott the driver was outside the vehicle, a scuffle ensued. Certainly we would expect the officer to use that force necessary. However, due to video captured by a bystander, Mr. Scott is seen running away, when Officer William Slager fires multiple shots at him when he is at least 15-20 feet away. What is captured on video next is terrible.

The officer approaches Mr. Scott see that he has been wounded, handcuffs him, but then walks back to where the vehicle was, picks up his Taser gun and drops it right at the foot of a dying Mr. Scott. This, he hoped, would be his alibi that he feared for his safety and that Mr. Scott had used the Taser on him and fled with it.

Officer Slager is being charged with murder.

The brazen acts of this officer are both shocking and upsetting. It reminded me of the matter in which my firm, Leav & Steinberg, LLP is representing the Estate of Eddie Fernandez who was killed by NYPD Office McClain in August 2012. At that moment, Eddie was riding away on his dirt bike, when officer McClain, who had already used his police vehicle to strike one dirt bike rider, makes a U-turn and crosses into oncoming traffic and strikes the back of Eddie’s dirt bike with his vehicle. Clearly using his vehicle as a deadly weapon. Eddie died as a result of the very serious injuries sustained. A young man, who had taken care of his mother was gone. The distraught family has sought criminal and civil charges against Officer McClain and also Federal Civil Rights violations against the officer and the NYPD.

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The mourning family of Joan Rivers, who died on Thursday at 81-years old, bid her adieu on Saturday at a New Jersey crematorium. Her funeral service, which featured celebrities such as Hugh Jackman and Audra McDonald, was held on Sunday. Though she is gone, her legacy is not.

The sudden passing of Ms. Rivers raises legal questions that cannot be answered until the cause and manner of her death are conclusively determined. An investigation is underway on why a throat procedure that was supposed to be a routine and elective surgery resulted in cardiac and respiratory arrest then death. Medical malpractice has not been ruled out by the state health department. The medical examiner’s autopsy was inconclusive thus far, but additional testing is in the making.

Though Ms. Rivers was advanced in age, her physical and mental health defied expectations. As Edward Steinberg of Leav & Steinberg, LLP pointed out to the Daily News: “Normally, an 81-year-old widow with grown children is not expected to be working. However, she was still a very big earner and in otherwise good health. There could be millions at stake.” Negligence on the part of the Yorkville Endoscopy Center would have to be established. As a part of that, there are questions about the drugs administered by the anesthesiologist, the length of time Ms. Rivers’ brain was deprived of oxygen before her heart was restarted, and the reaction time of clinic staff.

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An explosion today in Manhattan’s East Harlem caused a piano store and an evangelical church to crumble to pieces, leaving a grim scene behind. The buildings, which were located near 116th Street and Park Avenue, also contained fifteen residential units. The incident was reported to be deafeningly loud, like a bomb. One witness described the feeling in his room nearby in the Taft Houses as similar to experiencing an earthquake and a car crash at once. The force of the explosion caused debris to spew onto elevated Metro North train tracks across the street, resulting in temporary suspension of service. Residential and commercial building windows nearby were shattered to pieces. People ran into the streets and gathered there in crowds. Smoke and flames poured out of the wreckage while first responders dug into the bricks, looking for survivors.

Two fatalities and twenty-eight injuries have been documented. The injuries range from minor to severe. One individual reported hearing loss and another individual seems to have suffered a brain injury. Almost two dozen of the injured are being treated at Mount Sinai Hospital. A handful are being treated at Harlem Hospital. Other hospitals with patients with injuries from this incident include NY Presbyterian, Weill Cornell, and Metropolitan Hospital. Numerous people remain missing at this time.

The cause of the explosion has not yet been determined. However, a Park Avenue resident notified Con Edison of a gas leak at 1652 Park Avenue at 9:13 A.M., approximately fifteen minutes prior to the explosion. The caller specified that the odor may have been coming from the exterior of the building. Con Ed’s work truck did not arrive at the scene until after the explosion. An eight inch low pressure gas main services this area; its condition is presently unknown.

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On the morning of Sunday, December 1, 2013, a Metro North train derailed while it was traversing a severely curved portion of the track in the Bronx near the Spuyten Duyvil station. All of the train cars veered off of the track. The locomotive and cars in the front deviated the most, nearly toppling into the water and ending up close to the edge of the shore. There were approximately one hundred to one hundred and fifty passengers on the train at the time. There were four fatalities and sixty-three injuries. Three of the four people who passed away were thrown thrown from the train after the windows blew out.

The cause of the derailment is under an ongoing investigation. The scene of the accident was promptly reviewed and secured by authorities who braced the cars which came to rest at an angle. Busted out windows laid on the ground nearby. The interior of the cars were ripped apart and passengers’ belongings were strewn about.

Engineer William Rockefeller has over a decade of experience with the Metro-North and survived with minor injuries. When he gave preliminary statements, he told first responders that he hit the brakes. There were three conductors on the train. Another official, speaking on the condition of anonymity, claims a last resort emergency brake technique was used.

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New York is known for its high-rise apartment buildings. Whether the building has apartments or condominiums, tenants expect plumping, heating, cooling, and other parts of the building to be kept in good repair. One part of an apartment that dwellers expect to be solid is their balcony. On Thursday August 1, 2013, a woman fell to her death from her 17th-floor balcony. The railing surrounding her balcony gave way and she lost her life.

Balcony railing gives way

The woman was on a date and went onto her balcony to smoke a cigarette. She perched on the wide metal railing along the edge of her balcony. The metal railing the woman sat on gave way. Then “she fell 140 feet to the construction scaffolding a the base of the building, at 400 East 57th Street, and died from the impact.” “A photo of the corner balcony of the apartment where [the woman] lived shows the top who metal railings bent down in a V-shape.”