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Work Site Table Saw Injuries

In New York, every year, more than 10 percent of all workers on a construction project will suffer an injury that results in lost time from work or a permanent disability. One reason for the high rate of injuries is the dangerous equipment required on building sites. One of the most dangerous is an unguarded table saw.

Industrial table saws were designed for use on a level ground, with a safety guard covering the moving saw blade. Experienced workers know, however, that the ground on a typical building site is rarely level and the safety guarding on the table saw is usually missing. The most common table saw accident happens when the wood “kicks back” towards the worker. This unexpected and sudden movement causes the worker’s hands to jerk forward and strike the spinning teeth of the unguarded saw blade. The worker has no time to prevent catastrophe. An unguarded table saw is an accident waiting to happen.

Mauricio Garcia was such a worker. He was injured by an unguarded table saw at a work site, Brooklyn, New York. He worked for a company for a period of approximately one year as a laborer. While making a thru-cut, the wood suddenly kicked back and Mauricio’s hand came into contact with the unguarded blade. He sustained a bad laceration to his left hand involving the median nerve. The workplace injury attorneys at Hach & Rose, LLP were able to recover $325,000 for him without the necessity of a trial. For advice on your specific circumstances, contact us at (212) 779-0057 today.

Popular Scooter-Sharing Service Revel Under Fire

by George Ilchert

Less than a year after Revel launched their scooter rental service, the company has been hit by a deluge of lawsuits.

“A new way to get around,” boasts the website. Not a safe one, according to lawsuits. All you need is a valid driver’s license and $5 and you’re clear to rent one of Revel’s electric scooters. Focused on the trendy areas of Brooklyn and Queens, the service has been popular with the young residents of NYC. Unfortunately, with absolutely no training required to ride away on electric scooters that can reach speeds of 30 MPH, accidents were a given.

Multiple lawsuits have been launched against the company, claiming that Revel was reckless, negligent, and careless to set untrained cyclers off on what is essentially a motorcycle into the busy streets of NYC.

One lawsuit is on behalf of a bicyclist who collided with a Revel rider and broke an ankle. Another is from a user of Revel, who claims a scooter failed mid-ride and caused him to crash and fracture his leg. So far, seven people have filed personal injury lawsuits against Revel.

State law does not require a motorcycle license for mopeds that top out at 30 MPH, but this could be a recipe for disaster. Untrained riders have been seen with little regard for the rules of the road, riding without helmets, zooming between lanes and in areas that scooters are not allowed, and driving against the flow of traffic.

If you were injured while riding a Revel scooter, or you were involved in an accident with a Revel scooter, you should consult an experienced personal injury attorney – don’t leave your case in the hands of someone who lacks the right knowledge. Hach & Rose has helped many clients who were involved in motorcycle accidents and other injuries involving motorized vehicles. The firm has achieved many sizeable verdicts on behalf of their clients, like a $8,000,000 jury verdict for a victim of a motorcycle accident, a $1,700,000 result for an operating engineer who was also involved in a similar incident, and many more. The attorneys at Hach & Rose are always ready to fight for the compensation you deserve. Contact us to schedule a free, no-obligation consultation to discuss your legal options. Call us today at (347) 318-9604.

Meet George Ilchert!

What inspired you to become an attorney?
My family. My aunt and my godfather worked in a law firm my whole life, and I would often visit the office as a child. I always thought what they were doing seemed interesting. They were doing tax and real estate work, which is what I originally thought I wanted to do. During law school I worked for a personal injury firm, and that was very formative for me. That was when I realized that personal injury is what I really wanted to do.

You’re a born and bred New Yorker. Tell us about growing up in Queens.
I grew up in Flushing, which I believe is one of the most diverse areas on Earth. You can’t walk 10 feet without encountering people from 5 different cultures. Everyone was so close knit, and we all supported each other. It was a great way to grow up and definitely instilled in me a respect for all cultures. I’m proud to say that I have worked with clients from all over the world.

Your family owned a construction business during your childhood, and you grew up with an in-depth knowledge of the industry. Did this influence your desire to focus on personal injury cases?
It wasn’t the sole reason I decided to enter into personal injury, but it was definitely a factor. My family owned a construction business that started in the 1890s. My father made sure that I saw how hard construction was and to really appreciate what goes into it. It is truly a tough job, and it’s not for the faint of heart. I have a lot of respect for construction workers. My first job was actually harvesting bricks from demolition sites. If you “cleaned” a brick, knocking off the excess mortar, you would get a penny. But if you broke one, you owed a penny!

As you have insider’s experience in the construction industry, do you have additional insight that helps you work on construction cases?
Absolutely, because I know what it takes to run a construction site the right way. It’s not easy. You’ll find that most of the injuries on construction sites are caused by a failure to prepare, and it’s almost always because someone wanted to save time or money. If you know what was supposed to be done, you can easily recognize where something went wrong.

Over your long career, what is something you’ve learned that non-attorneys probably wouldn’t know?
There are similar cases, but no two cases are identical. And an attorney who doesn’t take the time to listen to their client, and treat each case as its own unique situation, is a sign of weakness. You’re closing yourself off from possible avenues to provide help. An attorney also needs to treat each case with the same respect, even if it seems “simple” like a broken toe. Who was it that broke their toe? What was their career? If it was a postal worker, a bus driver, or anyone else who might use their feet a lot in repetitive maneuvers, those damages will be much bigger. You have to think not only of what the impact is at this moment, what will the impact be 10-15 years in the future?

Tell us about one or two of your most interesting cases.
Oh, this could take a while. I’ve got a million. One of my most interesting cases was actually a case that was turned down by another firm. They thought the injury, a ladder that collapsed, wouldn’t be protected so they wouldn’t take it on. We felt differently, and in the end they settled for $5.5 million. It was a large investment of money and time for the firm, but it turned out to be a huge case well beyond our expectations.

I had another case where an elderly couple were crossing an intersection in NYC on Christmas Eve, and a bus side swiped them making a left turn. The woman passed away, and the man was rushed to the hospital. The next day, their son called the office and told us what happened. I told my secretary to stay on the phone with him while I went to the hospital to meet him. It turned out that the bus driver was at the same hospital, due to an anxiety attack. As long as I was there, I got a statement from the driver. At the same time, I sent someone to the scene of the accident to get photos. It was Christmas, so there were bright lights everywhere which could have blinded the driver. I also made sure to get a picture of a sign saying left hand turns were not allowed in that intersection. Finally, I had investigators take statements from witnesses. All of this has to be done quickly before the data disappears forever. We did all of this work within 24 hours of the accident. Time is everything in this kind of case.

What are you most passionate about?
Making sure that my clients have the financial means to be comfortable at the end of the case. Because no matter how much money you get, it’s never any comparison to their pain and suffering. I’ve never had a client who wouldn’t trade everything they received from their case if they could go back to the way they were before their accident.

Wrong-Way Collision Kills Three, Injures Two in Rochester

Three people died, and two were seriously injured in a wrong-way collision on Tuesday, Aug. 18, on eastbound Interstate 90 in Rochester. The New York State Police released the identities of those involved on Tuesday, according to My Twin Tiers.

Charles Bargerstock, 81, was the wrong-way driver who died at the scene. He had been reported missing from Ohio the day before the accident after he failed to show up at a doctor’s appointment and then never returned to his residence in Ohio. Himel A. Joy, 24, and Mojammal H. Rasel, 30, both from Astoria, also died in the accident.

NYSP reported that Bargerstock entered I-90 eastbound the wrong way at about 1:30 a.m. Tuesday morning. A semi-truck driver driving east spotted Bargerstock driving the wrong way and pulled over to avoid crashing into him. Right after the semi-truck pulled over, Bargerstock slammed head-on into the car driven by Rasel.

The car driven by Rasel also carried Joy and two other occupants, Moshin Ahmed, 23, and Kenedy Ape, 18, who were also Astoria residents. Ahmed and Ape were transported to Strong Memorial Hospital, where Ahmed remains in “guarded condition,” and Ape is in “satisfactory condition.”

The Stow Police Department issued a “be on the lookout” or BOLO the day before, for Bargerstock, when he did not appear for his scheduled appointment. Officials have not released any more details about the 81-year-old’s condition, such as if he had dementia or another mental condition. They also have not confirmed why Bargerstock would drive from Ohio to Rochester, New York.

All eastbound lanes of I-90 between exit 43 and exit 44 were closed while police investigated, but they have since reopened.

A New York Car Accident Attorney Can Help

Car accidents are devastating and can leave you feeling at a loss for what to do next. A skilled car accident injury lawyer will guide you through every step you need to take following your accident. The legal team at Hach & Rose, LLP will handle your case with the passion and rigor it deserves. In March 2020, alone, there were over 20,000 people involved in car accidents in New York City. Two of those people died, and another 1,408 were injured. If you were in a car accident, you deserve representation that will advocate relentlessly for your rights.

If you have been injured in a car accident that was caused by someone else’s mistake, you might be entitled to substantial monetary compensation. The car accident attorneys at Hach & Rose, LLP have won millions of dollars in compensation for our clients in the past and are prepared to do the same for you. If you were injured, please do not hesitate to reach out to the experienced legal team at (212) 779-0057 for a free consultation. Or, contact us online anytime. We’re ready to help.

Pedestrian Injured by Falling Basket Designed to Protect Passersby From Falling Subway Debris

A metal basket struck a pedestrian Sunday, August 2, seriously injuring them and sending them to Jamaica Hospital for treatment. This type of basket is attached to the undersides of elevated subways throughout New York City and is designed to catch debris that often falls loose from the tracks.

According to the Metropolitan Transportation Authority (MTA), construction crews were working on the East New York J and Z line tracks at the time of the accident, around 11:45 a.m. The pedestrian, whose identity has not been released, was walking near the intersection of Fulton St. and Alabama Avenue when the basket fell on them, according to the Daily News.

The protective metal baskets were only installed last year after the MTA received numerous reports of debris falling on pedestrians. But as soon as last October, the MTA found that the baskets were not as trustworthy as they should have been and were not working as designed. The Daily News reported that there are 325,000 metal baskets installed for the 168 miles of elevated subway tracks in New York City.

Last October, the MTA issued a rapid inspection of all 325,000 baskets after a 15-piece hunk of metal fell from the tracks and crashed through a parked car. The inspection found over 2 million pieces of debris that could potentially fall and not be caught by the baskets, according to the Daily News. The MTA had planned to replace the metal baskets with safer, more reliable netting throughout the city, but the coronavirus pandemic put this plan on hold.

As the plan for netting replacements waits out a persistent pandemic, more instances of falling debris and even falling baskets are likely to occur. New Yorkers can potentially sue the MTA, or any government entity, if they are injured as a result of that entity’s negligence or failure to act responsibly. But there are generally many rules and deadlines to keep in mind if you plan to sue a government entity such as the MTA.

Filing a Notice of Claim

If you suffered an injury caused by the MTA, you must file a Notice of Claim within 90 days of the injury. Family members can also file a Notice of Claim for the wrongful death of another family member. The Notice of Claim is an official document that includes information such as:

  • The victim’s name and address, and the name and address of their attorney
  • The time and location of where the injury or accident occurred
  • The circumstances surrounding this claim
  • The type and degree of injuries sustained

After the government receives this claim, they will have 30 days to respond with a request for a hearing. During this hearing, the victim or their family will testify under oath to the circumstances of their injury. Then, the victim or their family can file a legal suit against the MTA (or other entity).

Contact a New York Accident Attorney

If you were injured by falling subway debris or injured on public transit due to someone else’s negligence, you may have a right to compensation. The attorneys at Hach & Rose, LLP can help you sort out the facts of your case and understand how much it might be worth. Our attorneys have spent years winning compensation for our clients after they sustained injuries and want to do the same for you. Call our office at (212) 779-0057 to schedule your free consultation.

Scooter Company Revel Suspends NYC Operations After Fatal Crashes

The ride-sharing scooter company Revel has temporarily suspended its services in New York City while the company reassesses safety protocols following two deadly accidents.

On July 28, the scooter service sent out the following message on Twitter:

New York riders – starting today, NYC service will be shut down until further notice. We’re reviewing and strengthening our rider accountability and safety measures and communicating with city officials, and we look forward to serving you again in the near future.

A local CBS broadcast journalist died after falling off a Revel moped on July 18. The victim, 26-year-old Nina Kapur, was riding on the back of the moped, which was being driven by an unidentified 26-year-old man at the time of the accident. Revel provides riders with two helmets each time they rent a moped, but neither Kapur nor the driver was wearing them. Kapur died at Bellevue Hospital on the same day. The driver only suffered minor injuries.

Just ten days after Kapur’s death, 32-year-old Jeremy Malave died after he crashed his Revel scooter into a light pole and suffered severe head trauma in Queens. Officials are unsure whether he was wearing a helmet at the time of the crash.

Some state officials, including New York City Mayor Bill de Blasio and U.S. Congressman Adriano Espaillat (D-N.Y.), called for Revel to suspend and reevaluate their practices, according to Fox News. On Twitter, Espaillat called for the scooters to be removed from city streets, suggesting that they presented a clear danger to motorists, riders, and pedestrians. Mayor de Blasio said that Revel agreed to suspend operations after meeting with him on July 28.

Before its suspension, Revel allowed anyone 21 and older to operate the scooter when they provide a valid driver’s license and pay a small fee. No one younger than 18 was allowed to ride on the moped. New York City requires riders to wear helmets within city limits, but many Revel riders were often spotted without the helmets provided with each scooter.

The suspension comes just weeks after Revel suspended 1,000 New York City riders for not cooperating with the company’s safety guidelines. Prior to the suspension, Revel told the New York Times that Kapur’s death was the first fatality the company had seen in over 3 million rides.

Call a New York City Personal Injury Lawyer

If you have been injured in an accident involving a Revel scooter, the attorneys at Hach & Rose, LLP want to help you win the compensation you deserve. Despite the challenges presented by the COVID-19 pandemic, the team at Hach & Rose, LLP is still poised and ready to fight for your rights and the compensation that you deserve.

If you or a loved one has suffered because of someone else’s reckless or negligent actions, please reach out to the New York personal injury attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 or make an appointment online to consult with a member of our legal team today.

Truck slams into Sunset Park outdoor dining area

Three people were injured and taken to the hospital after a pickup truck accidentally drove into the outdoor seating area set up by L’Wren restaurant in Sunset Park. Thankfully, initial reports indicate that none of them have sustained life-threatening injuries.

Many New Yorkers knew that this was a possibility as restaurants started reopening with outdoor seating that extends into the street. The city has issued “siting criteria” for these new kinds of temporary seating areas that require barrier elements and that the barriers be at least 8′ from crosswalks.

Fox 5 NY reported on this incident.

Reporter Dies in Electric Moped Crash in Brooklyn

Reporter dies in Revel Scooter Crash

Photo credit: The New York Times

A 26-year-old New York City television reporter died Saturday after the moped she was riding, along with a 26-year-old man, crashed in Brooklyn, throwing them into the street.

The victim was Nina Kapur, a reporter for CBS2 in New York, according to the New York Times. She was the passenger on an electric Revel moped, a popular Vespa-like vehicle that can be rented for short periods of time.

The accident occurred around 5:30 p.m. on the evening of Saturday, July 18, at the intersection of Franklin and India Streets in Brooklyn. According to officials, the operator of the moped had swerved and lost control of the vehicle for an unknown reason and the two passengers fell into the street. Officials have not confirmed whether either passenger was wearing a helmet at the time of the accident, though each Revel scooter provides two helmets for its riders.

Kapur was pronounced dead at Bellevue Hospital. The unidentified male 26-year-old driver suffered minor injuries.

Revel launched in Brooklyn in 2018, according to CNN. People who want to rent a moped pay a small fee and provide their driver’s license information before they can rent it. A spokesperson for Revel told the New York Times that Kapur’s death is the first fatality Revel has seen in over three million rides.

As people become more hesitant to use public transportation during the coronavirus pandemic, they are more often turning to rented transportation options such as Revel, Lime, and Bird. But this accident sheds light on safety issues that the company needs to address and rules (such as wearing the provided helmet) that need to be enforced. The Times reported that Revel sent an email to its New York City riders recently addressing the fact that they suspended over 1,000 riders in a month for bad behavior and rule-breaking.

Kapur’s death occurred on the same day that a 38-year-old man suffered a head injury after falling from his Revel scooter in Queens. The Times reported that he was in critical condition receiving treatment at Elmhurst Hospital.

It is not yet clear whether Kapur’s family will take legal action against Revel.

Contact a New York Injury Attorney

During these uncertain times, we at Hach & Rose, LLP want you to know that we are here for you. We empathize with our clients’ concerns about the COVID-19 pandemic and how it may interfere with their case timelines. But the pandemic has not interfered with the hard work we do for our clients each day, and we want to ensure you that it will not delay the justice you demand and deserve. If you or someone you love has been injured due to someone else’s negligence, reach out to the New York trial attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 or reach out online to speak with a team member today.

Nursing Home Cameras Could Bring Peace of Mind During COVID-19 Pandemic

The coronavirus pandemic has hit residents of nursing homes especially hard for a number of reasons. First, because of elderly residents’ compromised health, they are at a higher risk of becoming seriously ill or dying due to complications of the virus. And second, nursing home staff has blocked families and friends from visiting their loved ones inside these facilities, in order to help protect them from exposure to the virus.

According to an article from the New York Times, some families want to install cameras inside nursing homes. For many, this would alleviate worries of abuse, neglect, or mistreatment perpetrated by nursing home staff against their loved ones.

Many families of people who are living in long-term care facilities have faced an uphill battle in achieving communication with their loved ones. Nursing homes, which are generally understaffed anyway, have recently been tasked with fending off the coronavirus. The New York Times reported that some families need to call the nursing home five or more times before a staff member even picks up the phone. This leaves families uncertain about the quality of care their elderly parent, sibling, or loved one is receiving.

About 12 states already passed legislation approving camera installation in nursing homes. States like Ohio, Connecticut, and Missouri are in the process of reviewing this type of legislation.

Proponents of in-room cameras argue that they can help prove or disprove allegations of abuse and neglect. At a more basic level, they would give families peace of mind knowing that they can check in on their loved ones at any time to see how they are doing and what the facility is like. Many states who have already approved nursing home cameras give residents the option to turn the camera off whenever they want privacy.

Opponents of the cameras argue that they violate the privacy of a resident’s roommate, who may not want the camera on at all. The president of the Connecticut Association of Health Care Facilities said that they cannot guarantee that a video stream from inside the nursing home will not be compromised by a hacker.

Contact a New York Nursing Home Abuse Attorney

If you are concerned that your loved one may have been abused or neglected while staying at a nursing home facility, please reach out to the nursing home abuse attorneys at Hach & Rose, LLP. Our team of compassionate, diligent attorneys has worked on a number of nursing home abuse cases throughout the years and has secured millions of dollars in compensation for our clients. We want to do the same for you.

The team at Hach & Rose, LLP understands our clients’ concerns about the coronavirus pandemic and how it might affect your case. We are still hard at work taking new cases while we work remotely, so you will not experience any delay in service. Please call us at (212) 779-0057 or contact us online to discuss your legal options.

Smithtown Gospel Tabernacle abuse victim comes forward

by Hillary Nappi

Since its enactment in February 2019, the Child Victims Act has produced an overwhelming response: hundreds of survivors of childhood sexual abuse have now come forward and are ready to have their voices heard. These survivors are of both genders, all races, live in all parts of New York state, and are of all socio-economic backgrounds. What they share is that they were sexually abused and assaulted as children, and at the time that the crimes occurred lacked the context for their abuse and the language and power to speak up for themselves.

These survivors, including our client, now have the opportunity to come forward and seek justice for the illegal, heinous, and immoral acts that were forced upon them. That is the case with the suit against the Smithtown Gospel Tabernacle and Camp Cherith in the Adirondacks. Our client finally reached a point in her life where she was able to speak up for herself and report the crimes that were committed against her.

As stated in her complaint, our client was only five years old when she was sexually abused and assaulted by Ron Braaten, a Youth Minister that was employed by the Smithtown Gospel Tabernacle. The first attacks occurred on property owned, operated, and controlled by Smithtown Gospel Tabernacle and were provided to Braaten for his exclusive use as a benefit of his employment. Braaten lived in the house with his family. Our client first met Braaten when she was in kindergarten, while assigned to the same class as his daughter. The girls became friends and would often play together in and out of school. However, playdates at the Braaten house were not normal. Braaten would make our client sit on his lap, as he rubbed her stomach over her clothes, which eventually morphed into Braaten sexually abusing our client.

Our client was fearful and uncomfortable every time she was around Braaten but as a Christian member of the Tabernacle, she was taught that Braaten was a “good man.” Braaten and his wife preached morality in the community, pushing the mission of the Smithtown Gospel Tabernacle, all the while masking his pedophilic tendencies. Morality is something that Braaten lacked and that is evident in the allegations filed in the complaint. After our client was sexually assaulted and abused, Smithtown Gospel Tabernacle continued to support Braaten’s missions in South America and he had continued access to other children. Our brave client came forward and reported her abuse, but Braaten remains outside of the United States.

As word of our Plaintiff’s lawsuit spread, our client has found more support in her community than she thought possible. If you or someone you know was abused by Ron Braaten, contact our law firm.

At Hach & Rose, LLP, we are committed to achieving the justice that our clients deserve. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today at (212) 779-0057 or online. Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.

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