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Queens Construction Accident Kills Two

Investigators are still working to determine the exact cause of a construction accident in Queens where a crane operator and construction worker were killed by a falling steel beam. The accident occurred in the Briarwood neighborhood at the construction site for a new apartment complex. Preliminary investigations revealed a 6,500 pound I-shaped steel beam fell from four stories up, as it was being hoisted by a crane. The beam struck the cab of the crane, killing the operator inside before striking a worker on the ground.  By the time emergency services responded, both men, ages 47 and 43, were dead.

It was windy the day of the accident, which can make crane operations extremely hazardous. Though no official conclusions have been reached, investigators’ preliminary impression is that a failure of the crane’s rigging was the source of tragedy, not wind. The work site had no open violations, the crane operator had no history of violations, and the crane passed an inspection as recently as June.

Mayor Bill de Blasio called the accident a tragedy at an unrelated news conference. Rick D. Chandler, the commissioner of the city’s Building Department, expressed similar dismay as he spoke from site of the accident the same afternoon, saying “These two gentlemen won’t be going home tonight, and we’re very, very sorry about that.”

NY woman takes Starbucks to court over spilled coffee at airport

New York resident Jessica Pyne filed a lawsuit against coffeehouse chain Starbucks Corp. in the Harris County 215th District Court on October 12, 2016. In the lawsuit, the plaintiff is alleging that she suffered burns to the lower half of her body when a barista spilled a hot cup of coffee on her in the Starbucks at the George Bush International Airport.

According to Pyne’s lawsuit, she was at a stopover at the Bush Airport on October 13, 2014, when she got off her plane and went to the airport Starbucks to buy a coffee. She then claimed the barista managed to spill a cup of hot coffee on her lower extremities, burning her legs, ankles, and feet. Pyne also claims the Starbucks management did not extend any form of assistance or remuneration to her after the incident.

Our attorneys at Hach & Rose, LLP, who provide legal services to our clients in the state of New York, handle personal injury accident cases involving premises liability and product liability, among others. Call our offices today at (212) 779-0057 to learn more about your legal options.

Woman sues Zara, claims dead rodent was sewn into the dress she bought

New York resident Cailey Fiesel during the second week of November filed a lawsuit against Spanish clothing and accessories retailer Zara, claiming that a dead rodent was sewn into the dress that she bought from the store.

According to Fiesel’s lawsuit, Fiesel bought a $40 scoop neck dress from the Zara store in Greenwich in Fairfield County, Connecticut when she found that the dress was filled with a rat’s remains.

New York-based Apparel Production Inc. factory owner Teddy Sadaka, who owns the manufacturing outlet in the United States that distributes the Zara brand, clothes designed by German fashion designer Karl Otto Lagerfeld and Marc Jacobs, told the New York Post that the rat must have been the work of a disgruntled worker, noting, “I’m thinking it had to be done intentionally. It looks like a prank from a worker being paid a couple of cents and saying, ‘Take that, America!’”

If you have ever experienced being hurt in a personal injury accident, or has been inconvenienced by a defective product that you bought in the state of New York due to the negligent actions of other people or parties involved, do not hesitate to seek legal action against them with the help of our attorneys at Hach & Rose, LLP by calling our offices today at (212) 779-0057.

Waivers of liability mostly unenforceable in New York

The goal of waivers of liability is to make it impossible for accident injury victims to file a lawsuit if they incur an injury that resulted from the negligent actions of someone else. By signing a waiver of liability, it is possible to lose some of your legal rights by signing your name to the conditions included in the fine print.

However, under New York General Obligations Law 5-326, liability waivers are not enforceable if the person who signed the clause did so in conjunction with some sort of payment. These payments can include paying for a ticket, membership, or some other kind of fee, such as to participate in recreational activities at gymnasiums, amusement parks, swimming pools, or similar places. Also, liability waivers for minors are unenforceable in New York.

Our attorneys at Hach & Rose, LLP provide legal services in the state of New York, handle personal injury accident cases such as car accidents, slip and fall accidents, and wrongful death cases, among others. Call our offices today at (212) 779-0057 to discuss your situation today.

NHTSA may mandate automakers to send recall notifications via email

Palo Alto, California-based market researcher Radicati Group, Inc. data shows that over 205 billion emails are sent each and every day, making electronic mail the most convenient form of information distribution in a global setup.

1966’s National Traffic and Motor Vehicle Safety Act provided the National Highway Traffic Safety Administration the authority to issue recalls for defective vehicles, vehicle parts, and child safety seats, among others. In 2015, the NHTSA issued 52 million recalls, setting a new record. This is mostly due to defective air bags which were manufactured by Japanese automotive parts maker Takata Corp.

Currently, automakers inform their customers of a recent recall via physical mail through the United States Postal Service, which can be problematic for consumers because these mail can be interspersed with other mail and be lost completely, making consumers unaware about the latest recall.

This is why the NHTSA is proposing to require automakers to inform consumers about recalls via email, with the logic that even if said consumers change residence, a vehicle owner will be less likely to miss a recall notice if said notice is delivered to their electronic mails.

If you need to file a personal injury claim in the state of New York, your case has a higher chance of having a favorable result if you hire the legal services of our attorneys at Hach & Rose, LLP. Call our offices today at (212) 779-0057.

One Killed, Another Injured in New York Subway Accident

A few minutes after midnight on November 3, 2016, three MTA workers were walking on a southbound portion of the subway tracks near the Fort Hamilton Parkway station in Brooklyn. The three workers were tasked with setting up warning lights for other workers who were scheduled to perform maintenance in the tunnel later. Tragically, they were unknowingly on the tracks of an oncoming subway train, which was coming their way around a blind curve. Two of the workers tried to avoid the train by jumping into an alcove, which was unfortunately not large enough. One of the workers was killed by the oncoming train, while the other sustained serious injuries. The accident also includes the train operator, who reportedly suffered significant emotional trauma as the result of witnessing this tragedy.

In the past 10 years, three transit workers have been killed by trains in NYC. This incident is the first time a subway worker has been killed since 2013, but it nevertheless highlights the dangers that transit workers face on a daily basis. Both of the workers involved were longtime MTA employees. One started with the employer in 1999 and the other began in 2001. Authorities are still investigating the incident to determine why and how the events unfolded as they did. Answers to those questions, however, are unlikely to reverse all of the damage done.

Amtrak to pay $265M to settle claims for train that derailed in Philadelphia

On Thursday, October 27, Amtrak promised to pay $265 million to settle claims relating to a derailment in Philadelphia of an Amtrak train. The train, which was headed for New York, caused the death of eight individuals and caused injury to more than 200 other people last year.

Victims will be given the chance to testify at hearings or submit their testimony to the court so the company can determine how to distribute the settlement. Among those injured in the deadly accident were chef Eli Kulp – who will no longer be able to use his hands for cooking – a United States Naval Academy midshipman, a college dean, and an Associated Press video software architect.

Benedict Morelli, Kulp’s legal counsel, communicated Kulp’s dilemma, saying, “His life has been immeasurably altered and will never be any different from the way it is now.” According to federal investigators, the engineer who was operating the train, Brandon Bostian, did not realize the speed of the train had accelerated to 106 miles per hour instead of slowing down to match the curve’s 50 mph speed limit. He was suspended without pay after the crash.

If you are hurt in a personal injury accident due to the negligence of another party in the state of New York, we at Hach & Rose, LLP can help you pursue financial compensation from the people responsible for your plight. Get in touch with our attorneys today by calling our offices at (212) 779-0057.

Brooklyn Middle School Cleared of Toxic Soil

Recently, Brooklyn’s John Ericsson Middle School 126 has finally been cleared of its Polychlorinated Biphenyls (PCBs) contaminated soil.

The middle school’s perimeter had tested positive for the presence of PCBs back in 2011. It was suspected that buildings that experienced construction work between 1950-1977 could have been exposed to the toxic substance due to the caulk used during that time. John Ericsson Middle School was found to have more than the acceptable limit of PCBs in 4306 square feet surrounding the building along its perimeter. The removal project costing $520,000 took nearly a month to complete as approximately 320 cubic yards of soil was removed from the premise.

PCBs are a known carcinogen that has been linked to causing cancer in many citizens across the nation. Despite this, New York City Department of Education claim that there should be no health concerns involving the contaminant. Toxic substances can be located in even the most unsuspecting places. They often lack a distinct scent or any other outward indication of its presence. If you or someone you love has been exposed to toxic substances, contact Hach & Rose, LLP today at (212) 779-0057 to learn more about your legal options.

Court rules NYC transit agency misled plaintiff

According to an appeals court, the New York City Transit Authority misled plaintiff Lori Jo Konner in her personal injury lawsuit. Namely, they made her believe that serving a notice of claim on an affiliated yet different entity would not have detrimental effects on her case when it would. Konner was injured on January 1, 2012 when the doors of a subway train on the F line at the Coney Island station in Brooklyn allegedly closed on her hand, causing her to fracture a bone.

Konner’s legal counsel served a notice of claim on Joseph Lhota, the former Metropolitan Transportation Authority chairman, within the 90-day window after the alleged injury to serve a timely notice on the municipal agency. The NYCTA, which manages bus and subway train operations within the city, is connected with the MTA and is also known as the MTA New York City Transit.

On Wednesday, October 12, a panel of the Appellate Division, Second Department ruled the NYCTA and the MTA are separate entities, citing cases in which the plaintiff lost after filing a lawsuit against the wrong entity. It further found the NYCTA “wrongfully or negligently engaged in conduct that misled the plaintiff to justifiably believe that service of the notice of claim upon the MTA was of no consequence, and lulled her into sleeping on her rights to her detriment.”

If you are hurt due to a personal injury accident that was caused by the negligence or recklessness of another party in the state of New York, our attorneys at Hach & Rose, LLP can represent you. Schedule an initial appointment with a qualified member of our legal team by calling our offices today at (212) 779-0057.

New York doctor charged with manslaughter for death of patient posts bail

New York doctor Robert Rho plead not guilty to manslaughter charges last Tuesday, October 11 in relation to allegedly causing the death of his 30-year-old patient, Jamie Lee Morales. She underwent surgery with him on July 9, 2016, and he allegedly punctured her uterus and cut an artery and didn’t to do enough to stave off the bleeding, which she had to go to another hospital for, later.

He was released from his detention after paying a $400,000 bond.

Jeffrey Lichtman, Rho’s legal counsel, said last Wednesday, October 12, that while the death is obviously a tragedy, it doesn’t mean that it was a crime and that Rho does not fit the profile of someone who consistently botches abortions and should be charged with homicide.

Rho provides gynecological services such as abortions and female genital plastic surgery, which he promoted on his website, saying he is known for “natural-looking” results.

If you or someone you know has been injured or killed by a trusted medical professional during a procedure, you might be rightfully upset and be seeking compensation. Contact an attorney with Hach & Rose, LLP by calling (212) 779-0057 to speak with a potential representative for your case.

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