New York Injury Lawyer Blog

In a two-part series this week, the New York City injury lawyers at Queller, Fisher, Washor, Fuchs & Kool will take a look at accidents involving teenagers and older drivers. Both age groups are frequently in the news because of the increased risk that they will be involved in a serious or fatal accident.

The USA Today reports that nearly 90 percent of teenagers understand that distracted driving habits -- including cell phone use and text messaging while driving -- substantially increase their risk for an accident. They just don't listen!

The study by Seventeen Magazine is important; traffic accidents are the leading cause of death of teenagers ages 15 to 19, according to the National Highway Traffic Safety Administration. And more deaths are caused by distracted driving than any other driving behavior except speeding and drunk driving.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

The U.S. Department of Transportation is joining AAA and Seventeen Magazine in holding a competition that is soliciting public service messages from teenagers. The winner will be debuted at the National Two-Second Turnoff Day, scheduled for Sept. 17. The video will also be played at the national distracted driving summit in Washington, D.C. As our New York City accident attorneys reported last month, the summit will highlight the need for increased laws and enforcement efforts aimed at combating distracted driving.

Teens can enter the contest here. Watch the video to learn about Two-Second Turnoff Day.

"One in four teen drivers say they've texted behind the wheel, and that's a trend we've got to confront head on," said U.S. Transportation Secretary Ray LaHood. "This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road - and off their phones."

Teens are at high-risk for many types of accidents, according to the Insurance Institute for Highway Safety:

Passengers: 3,269
Pedestrian accidents: 318
Motorcycle accidents: 225
Bicycle accidents: 78
ATV accidents: 83

The federal government offers teen driving safety information for parents and teenagers, available here.

Continue reading "Teens at increased risk of New York car accidents caused by distracted driving" »

A teacher has been fired and two school administrators were disciplined this week after a 12-year-old Harlem school girl drowned on a school field trip to Long Island, the New York Times reported.

As we first reported earlier this month on our New York Injury Lawyer Blog, the girl drown while on a class trip along an unpatrolled section of Long Beach on Long Island. She was among two-dozen students on a sixth-grade class trip to the Columbia Secondary School for Math, Science and Engineering.

The beach was closed at the time and signs were posted that no life guards were on duty. While the waters were calm, officials said the girl was likely claimed by an underwater rip current.

Now the Times reports that an investigation by a special commissioner found that the school did a poor job of planning the trip and failed to obtain parental consent forms. Additionally, the teacher should have noticed the signs notifying guests that the beach was closed. The teacher also knew that several of the children could not swim, and should not have allowed the children near the water -- particularly without a lifeguard in the area -- the report concluded.

"There was a lack of adequate planning by the principal and the assistant principal, a failure to provide a sufficient number of adults to supervise the children at the beach and poor judgment by the teacher in charge who either failed to realize that there were no lifeguards on duty or failed to recognize the additional danger presented by their absence," the report concluded.

A New York City injury attorney can assist parents in determining their legal rights when a student is tragically injured or killed on someone else's property. Drownings are a frighteningly common occurrence in the United States, claiming an average of 10 lives per day, according to the Centers for Disease Control and Prevention.

And drowning is the second-leading cause of injury-related death for children under 14. Car accidents are the most common cause of injury death among children and teenagers. Other injuries can occur at a school or daycare center and should always be handled by a New York premise liability lawyer with the knowledge and experienced to protect a family's rights.

In this case the investigation concluded that the trip was chaperoned by a first-year English teacher, her boyfriend (who could not swim) and a college intern. The teacher obtained permission slips from the administration but never distributed them. She was fired.

The assistant principal was also removed from his administrative position. The principal was put on two years of probation.

Continue reading "Fatal New York City field trip riddled with errors and poor supervision" »

While the federal government is gearing up to release data showing traffic fatalities have reached record lows in many parts of the country, the Governors Highway Safety Association reports this month that serious and fatal car accidents caused by distracted driving have reached all-time highs.

Our New York City car accident lawyers frequently report the dangers associated with distracted driving. As we reported in June on our New York Injury Lawyer Blog, city police continue to crack down on motorists who use cell phones while driving. And studies continue to show that teen drivers are at high risk, particularly when it comes to the dangers of text messaging while behind the wheel.

Among the statistics in the new report:

-The number of drivers using hand-held phones at any given time has increased by 50 percent in the last decade.

-One-third of all drivers feel less safe today than they did five years ago.

-Distracted driving leads to 6,000 fatal accidents and more than 500,000 injuries each year.

-One-third of states do not collect information regarding distracted driving at the scene of an accident.

-While the number of fatal crashes has decreased nationwide, from 42,836 in 2004 to 37,261 in 2008, the number of fatalities caused by distracted driving has increased by about 20 percent, from 4,978 in 2004 to 5,870 in 2008.

-Drivers under the age of 20 are 50 percent more likely to drive distracted.

Aside from using a cell phone or text messaging while driving, other forms of driver distraction include dealing with children in the car, eating, drinking, smoking, talking to passengers, reading, grooming, dressing, applying makeup or utilizing in-car electronics like GPS devices or Mp3 players.

Teens continue to be at the greatest risk. As our New York child injury lawyers recently reported, speaking with your teenagers about driving dangers is critical to teaching safe driving behavior.

-Only 10 percent of young drivers believe having other teen passengers in the car makes a difference in their risk for an accident (one young passenger doubles a teen's risk; more than one young passenger increases a teen's risk by fivefold).

-Only 28 percent believe talking on the phone makes a difference to driving safety (drivers who use cell phones are four times more likely to be involved in an accident).

-79 percent recognize the dangers of text messaging while driving and only 19 percent say friends text and drive (yet drivers under the age of 20 are at the highest risk of being involved in an accident as a result of a young driver who was text messaging).

Continue reading "Distracted driving continues to be a leading risk factor for New York City car accidents" »

The New York City injury lawyers and the staff at Queller, Fisher, Washor Fuchs and Kool wish each of you a safe and enjoyable Fourth of July. Please celebrate responsibly, don't drink and drive, practice safe boating and leave the fireworks to the professionals.

The Wall Street Journal reports that nearly 18 percent more drivers are expected to hit the roads during the upcoming holiday weekend, according to AAA estimates. That means more than 32 million motorists will be on the road over the long holiday weekend. While New Year's gets most of the attention when it comes to drunk driving and the risk of traffic accidents, Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.

And Fourth of July brings with it the greatest holiday risk for a New York car accident.


Fatal holiday accidents in New York during 2008:

New Years: 3

Memorial Day: 20

Fourth of July: 21

Labor Day: 12

Thanksgiving: 16

Christmas: 10

Not surprisingly, New York fireworks accidents are most likely to occur around the Fourth of July. Fireworks cause a large number of serious injuries each year. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

More than two-thirds of all fireworks injuries occur during Fourth of July celebrations. One-third of accidents involve children under 15 and nearly half involve young people under the age of 20.

Fireworks injuries most frequently involve the hands, eyes, and head, face and ears. Blindness, third-degree burns, permanent scarring and home and vehicle fires are common dangers. Firecrackers cause the greatest number of injuries, followed by sparklers and rockets.

The most frequent causes of fireworks accidents include high-grade fireworks sold to consumers, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

If you are injured by fireworks, either on someone else's property or during a fireworks show, consulting a New York City injury attorney could help protect your rights.

Continue reading "New York City injury attorneys wish you a safe and enjoyable Fourth of July" »

A 12-year-old New York City girl drowned on a class trip last week along an unpatrolled beach on Long Island, the New York Times reported.

Our New York City injury lawyers handle drowning cases involving residential and commercial swimming pools as well as accidents involving school-sanctioned field trips or injuries that occur on playgrounds or school property. As families prepare to celebrate the Fourth of July, children should be cautioned about the dangers when near a pool or open water, or while riding in a boat.

Drownings are a startlingly common occurrence in the United States, claiming an average of 10 lives per day. More than 3,400 people a year are killed in drowning accidents, according to the Centers for Disease Control and Prevention.

Children are the frequent victims. In fact, drowning is the second-leading cause of injury deaths in children under the age of 14.

In this case, the 12-year-old Harlem public schools student drown while on a class trip along an unpatrolled section of Long Beach on Long Island. She was one of two dozen students on a sixth-grade class trip to the Columbia Secondary School for Math, Science and Engineering.

The beach was not scheduled to open until this week and there were signs at entrances stating that no life guards were on duty and that swimming was prohibited. While the water was calm, officials said there was likely a rip current.

Rip currents can be particularly dangerous and can claim victims in water less than knee deep. A rip current rushing back out to sea through a narrow opening in sand, a reef, or a rocky ledge. The resulting undertow can jerk a victim off their feet and pull them out to sea.

The city manager reported that several students were in the water when they noticed their classmate was missing around noon. It took search and rescue workers 90 minutes to locate the girl. She was taken to Long Beach Medical Center, where she was pronounced dead.

A teacher was also injured after diving into the water to try and help.

Mayor Michael Bloomberg said the city would investigate to determine what happened.

"Let's not go and rush and assign blame," Mr. Bloomberg said. "I think at this point what we have to focus on is maybe grieving and having a prayer for the child and see if we can help the parents through what is obviously the most difficult situation any parent could possibly experience. We'll focus on that right now."

Continue reading "Proper supervision questioned after New York City girl drowns on field trip" »

Almost 100 recalls have been issued already this year involving defective children's products.

The U.S. Product Safety Commission has issued a recall of 217,000 Graco drop side cribs made by LaJobi, a Cranbury, New Jersey company.

It is the second major recall issued this year for a Graco product. As our New York City defective product attorneys reported in January, 1.5 million Graco strollers were recalled because they posed a risk of fingertip amputation for small children.

The latest recall involves cribs which can entrap infants when the drop-side detaches, posing a risk of strangulation or suffocation. The government reports children are also at risk of falling out of the cribs when a drop-side detaches. The government reports there have been 99 reported drop-side incidents and six reports of children falling from the cribs.

Click here for a description and affected model numbers.

Several other children's products have been recalled this week:

-Johnson & Johnson is recalling 43 over-the-counter medicines for infants and children, according to the Washington Post.

The medicines, including the liquid versions of Tylenol, Motrin, Zyrtec and Benadryl, are being recalled for undisclosed deficiencies in the company's manufacturing facility, according to federal regulators.

-Gap, Inc., recalled baby swimsuits because of a strangulation hazard caused by halter straps that are too short, causing a plastic ring in the neck of the suit to press against an infant's throat.

The swimsuit is the 48th recall involving children's products issued this year by the federal government. That number does even include toys. Another 44 recalls have been issued involving children's toys.

Continue reading "New York child injury attorneys continue to monitor alarming number of defective children's products" »

The Environmental Protection Agency instituted tough new rules last week in an effort to combat lead poisoning in small children but advocates argue New York City landlords need to do much more to correct the problem and authorities need to do a better job of enforcement.

Lead-based paint in older homes and housing complexes remains a danger to children, who are at high risk of ingesting paint chips or otherwise coming into contact with lead-based hazards. Landlords may be held responsible in a premise liability case in instances where a child is injured as a result of lead poisoning in a New York City apartment.

The New York Times detailed the case of a 2-year-old boy who had lead levels twice the level the federal government considers at risk for lead poisoning. Lead poisoning in children can cause behavioral and learning problems. While the problem has declined in recent years -- the Centers for Disease Control and Prevention set a goal to eliminate it by 2010 -- eradication remains years away and is particularly worrisome in poor urban areas.

"We have to get serious about doing these things," Dr. Mary Jean Brown, the CDC's chief of lead poisoning prevention, told the Times. She said many municipalities lack hazard laws requiring landlords to check for exposed lead-based pain in homes where children are present. Even in New York City, where a comprehensive law was passed in 2004, compliance is spotty.

A survey of tenants in Brooklyn found "rampant noncompliance" among landlords; 59 percent of tenants reported that landlords had not followed the law. In 2006, about 120,000 children under 6 -- the age group considered most at risk -- tested positive for lead nationwide, down from about 890,000 in 1994. In New York City, 1,572 cases were reported among children in 2008, compared to 20,000 in 1995.

After more than 20 years of delay, the Environmental Protection Agency put a law into effect last week that requires renovation and remodeling contractors to be certified in lead-based mitigation techniques. The rules apply to buildings housing children that were built before lead paint was banned in 1978.

Still, the problem is expected to persist in New York City's lead belt -- areas of Brooklyn, Queens and Staten Island where the rates of children with elevated lead levels are the highest in the city. Advocates and New York City injury lawyers contend the underlying problem is lax enforcement of the city's 2004 law requiring landlords to conduct annual inspections and take corrective action in properties that house small children. The Department of Housing Preservation and Development said the agency issued 31,463 violations in 2009 over complaints about lead paint and did more than $6 million worth of work to correct lead hazards.

Continue reading "New York City premise liability cases may result from landlords who fail to protect children from lead-based paint hazards" »

The recent rash of consumer product recalls offers a stark reminder of the danger posed to consumers by defective products.

The New York City defective product attorneys and the New York defective vehicle lawyers at Queller, Fisher, Washor, Fuchs & Kool represent clients who have been seriously injured or killed by poorly designed or dangerous consumer products.

Companies have an obligation to ensure their products meet safety standards and are free from known defects that could cause harm to customers. But, too often, profits are put before safety. And, when consumers are seriously injured, companies can and should be held responsible for the injuries they cause.

-About 1.5 million Graco strollers have been recalled because they could pose a risk of fingertip amputations and lacerations to children, CNN reported on Jan. 20. The models recalled by Graco Chidren's Products include the Graco Passage, Alano, and Spree Strollers and travel systems, according to the Consumer Product Safety Commission.

- A day earlier, the CPSC issued a statement on Jan. 19 notifying consumers of a recall of more than 600,000 baby cribs by Dorel Asia because of a risk of suffocation and strangulation to infants and toddlers.

-The U.S. Food and Drug Administration has announced a recall of all Tylenol Arthritis Pain Caplet 100 count bottles with the red EZ-OPEN CAP due to consumer reports of a moldy or mildew-like odor associated with nausea, stomach pain, vomiting and diarrhea. The recall has since been broadened to include more than two dozen other over-the-counter products manufactured by McNeil Healthcare, according toThe New York Times.

Continue reading "New York defective products a danger to consumers" »

Stroke is one of the leading causes of death among infants and young children, and diagnosing adolescent stroke needs to be a priority in the medical community to prevent misdiagnosis leading to serious injury or death, according to an article in The New York Times.

The New York City medical malpractice attorneys and the birth injury lawyers at Queller, Fisher, Washor, Fuchs & Kool represent clients who have been seriously injured by a doctor or hospital's failure to diagnose or failure to manage a stroke injury.

Stroke, by some estimates, is the sixth-leading cause of death in infants and children; The Times cited the statistic in pointing out that doctors and hospitals need to be far more aggressive in detecting and treating children with stroke-like symptoms.

Strokes kill more than 130,000 people each year in the United States and are the third-largest cause of death behind cancer and heart disease, according to the American Heart Association.

"Front-line providers need to have stroke on their radar screen as a possible cause of sudden neurological illness in children," said Dr. Rebecca N. Ichord, director of the pediatric stroke program at Children's Hospital of Philadelphia.

Symptoms can include slurred speach, droopy eye, stiffness, and an inability or sudden difficulty in walking or standing; all signs quickly recognized as a possible stroke in adults.

Additionally, strokes are often treated with anticoagulants to prevent another stroke; misdiagnosis of a stroke injury in either an adult or child can lead to greater harm and even death.

"A stroke interrupts the blood supply that brings oxyggen to the nerve cells," neurologist Dr. Maurine Packard told The Times. "Without oxygen, the nerve cells die. The longer the blood supply is compromised, the greater the injury."

Continue reading "Misdiagnosed New York City stroke injuries a danger to children" »

Most of us bring more new products into our homes during the Holiday Season than at any other time of the year. Consumer advocacy groups continue to publish holiday recall reports and consumers should be mindful of the dangers new products can pose in the home.

Companies have an obligation to ensure their products are safe and can be held responsible when someone is injured or killed by a defective product. The New York City defective product lawyers and the wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool urge parents to pay particular attention to the toys given to their children this holiday season.

The 24th Annual "Trouble in Toyland: Survey of Toy Safety," by the U.S. Public Interest Research Groups, reported the government recalled 45 million toys in 2007 and identified the following common toy safety hazards:

Choking: At least 196 children have died from choking or asphyxiating on a toy part since 1990. Some 5.3 million toys and children's products were pulled from shelves in 2009 because of choking hazards; small parts were commonly found on toys for children under 3, despite laws aimed at preventing such choking hazards.

Loud Toys: Almost 15 percent of children ages 6 to 17 show signs of hearing loss; some toys currently on store shelves may not meet noise standards in place to prevent hearing loss.

Lead in Toys: Lead continues to be found in toys, despite strict safety standards. Lead exposure can affect almost every organ in the body, especially the central nervous system, and is especially toxic to the brains of young children.

Last year, 19 children died as a result of toy-related injury and more than 82,000 children under the age of 5 visited emergency rooms, according to the Consumer Product Safety Commission.

And the dangers defective products pose to children is not limited to toys.

Last week, 2.1 million Stork Craft Cribs were recalled. The cribs were manufactured as far back as 1993, including nearly 150,000 with the Fisher-Price logo, according to U.S. News and World Report. Four infant suffocations have been reported in North America, according to the U.S. Consumer Product Safety Commission, which has received 110 reports of drop-sides detaching from the cribs.

Parents with the cribs should stop using them until they receive a free repair kit from Stork Craft Manufacturing. To order the free repair kit, phone Stork Craft 877-274-0277 or go to the company's Web site.

The Consumer Product Safety Commission maintains a list of recalled consumer products.

Continue reading "Defective products a holiday hazard" »

More than 100 supporters rallied at New York City Hall this month, urging council to pass the Student Safety Act. The measure is aimed at adding transparency to safety policies and procedures within the New York City's public schools.

Parents have a right to expect safety within the school system. A New York City injury lawyer can help determine your rights in the wake of a child's injury on school property, whether by student or staff assault, playground injury or other school injury.

The Student Safety Act was introduced in August 2008 and is cosponsored by 33 council members. Since 1998, more than 5,000 school safety agents and at least 200 armed police officers have been assigned to the city's public schools, according to an article published by the New York Civil Liberties Union.

Supporters of the safety act contend the safety force costs $88 million per year and is now larger than all but four of the nation's police forces. They claim safety agents are provided with little or no training or guidance and are perhaps disproportionately punitive in schools serving some of the city's poorest neighborhoods.

The zero-tolerance policies are pushing a disproportionately higher number of minority youth and students with disabilities from the school system and into the criminal justice system, according to those pushing for more disclosure and safeguards.

"A clear majority of City Council members agree: It's finally time to pass the Student Safety Act," New York Civil Liberties Union Executive Director Donna Lieberman said. "This important civil rights legislation will shed much-needed light on police practices in our schools. It is a good first step toward establishing school safety procedures that promote learning instead of intimidation, unwarranted arrests and suspensions."

The act would require quarterly reporting to city council by the Department of Education and NYPD. The NYCLU reports the data has been requested for years through the Freedom of Information Law but disclosure has been resisted.

"How unfortunate that a mayor who prides himself on making data driven decisions withholds information on this sensitive topic from those responsible for oversight," said Robert Jackson, chair of the New York City Council's Education Committee. " This leaves the public without the full story. The Student Safety Act will compel the Department of Education to open the window and let us see into the schoolhouse."

The NYPD reports that it receives approximately 1,200 complaints a year about police misconduct in schools.

Continue reading "New York City school injuries, enforcement policies up for debate at City Hall" »

New York signaled the start of the holiday driving season by signing into law one of the nation's toughest pieces of anti-drunk driving legislation.

The new law, signed the day before Thanksgiving, makes it a felony to drive intoxicated with a child in the car and requiring all first-time DUI offenders to install interlock devices that will prevent them from operating a motor vehicle while intoxicated.

The New York City car accident lawyers and drunk driving accident attorneys at Queller, Fisher, Washor, Fuchs & Kool urge everyone to enjoy the holidays responsibly and designate a driver. Each year, Mothers Against Drunk Driving estimates more than 1,000 people die between Thanksgiving and New Year's in drunk driving crashes.

Nationwide, as many as 1 in 3 fatal crashes is caused by a drunk driver, according to the National Highway Traffic Safety Administration.

New York joins Arizona as the only states to allow drivers to be charged with a felony for driving while intoxicated with a child passenger, according to The New York Times. The state is now one of a dozen to install ignition interlocks on the cars of first-time offenders, which test a driver's breath for alcohol before allowing the vehicle to start.

"Too often drivers under the influence of alcohol or drugs chose to compromise not only their own lives, but also the lives of our children. Today we say enough," Gov. Paterson said in signing the law.The state Senate passed the bill on a 58-0 vote Wednesday afternoon, and it was passed in the state Assembly on Tuesday.

Mothers Against Drunk Driving hailed state lawmakers' passage of the legislation.

"New York's child endangerment, interlock, and self-sufficiency laws make it the model for the nation," said Chuck Hurley, CEO of MADD National.

MADD reports 341 people died in drunk driving related crashes in New York last year and more than 4,000 people in New York have been killed in drunk driving crashes during the past decade.

Under the measure, drivers convicted of being drunk while carrying passengers 15 years or younger could face up to four years in prison. Courts in New York convicted 37,695 people for drunken driving last year, and across the country people who drink and drive kill about 13,000 people a year.

Figures collected in 2007 by the Insurance Institute for Highway Safety, found 146,000 ignition interlocks were in use in the United States, even though 1.4 million people were convicted of drunken driving.

Continue reading "New York passes one of the toughest DUI laws in the nation in effort to reduce drunk driving accidents" »