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Bronx_Construction_Scaffolding-Accident-Lawyer-300x136Construction work is one of the most dangerous professions in New York City. As we detailed in our last blog, in New York City alone, 31 construction workers were killed on the job in the last two years. 29 of those deaths occurred on non-union work sites. This statistic bears out what we commonly see in our law practice: non-union workers risk their life and limb every time they step on a work site.

Though insurance carriers and contractors would like to refer to these injuries as “accidents,” most construction-related injuries are the direct result of a manager’s or company’s negligence. Safety violations were found at 90 percent of fatality sites inspected by the U.S. Occupational Safety and Health Administration (OSHA) in 2015.
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construction-300x2252015 and 2016 were two of the most devastating years in history for the New York City construction industry. 31 men and women died on the job, meaning that on average, one worker did not come home from a construction site about every three weeks.

The last death of 2016 occurred on December 23rd, when a worker, whose safety belt was not attached to any cable, fell down an elevator shaft. Just weeks prior, another worker, also not wearing a connected safety belt, fell to his death in Brooklyn at the Old Domino Sugar Factory. These two fatalities, heartbreaking in themselves, portray a larger problem: 29 of the 31 deaths happened at non-union sites. According to the Occupational Safety and Health Administration (OSHA), almost all of the deaths were preventable.
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141002-self-driving-car-02f124b0329691bfb4519f2108e0a10427-300x176Toyota, Tesla, Google, and other automakers have promised that driverless cars will revolutionize the personal transportation industry within the next five to ten years. They cannot promise, however, that driverless cars will be immune from accidents.

The death of Joshua Brown, a technology consultant whose autonomous car failed to apply the brakes before colliding with a semitrailer truck, is tragic evidence of these cars’ limitations. In the aftermath of his death, lawmakers are left to answer: Who is responsible when a driverless vehicle accident occurs?
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https://blog.caesarnapoli.com/files/2016/12/102026290-coca-cola-pepsi-soda.1910x1000-300x157.jpgCristin Kearns, a fellow at University of California, San Francisco, recently uncovered documents that reveal decades of deception and bribery in the sugar industry that implicates elite professors and the United States government. These revelations not only shed light on the way corporations wield power in American politics and culture; they also have significant legal ramifications.

Plaintiffs’ attorneys have struggled for years to hold the sugar and sugar-sweetened beverage industries accountable for their misleading advertising, targeting of children, and disproportionate effect on the United States’ obesity epidemic. In case after case, Big Sugar has successfully argued that consumers need to take responsibility for their own nutritional choices, even bad ones.

This report by Ms. Kearns adds a new element to the story: deception.
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Uber-app-300x225When you click “accept” under the multi-paragraph “Terms and Conditions” portion of the Uber app, are you really bound by those terms? How about if those terms strip you of your constitutional rights?

Uber, the cell-phone based transportation company, is working to make sure the answer to both of those questions is an unambiguous “Yes.” Now, with their new terms of use, which became effective on November 21, 2016, Uber may have succeeded.

At stake is nothing less than your constitutional right to sue a wrongdoer in court. Uber is once again seeking to waive the customer’s right to seek justice in a court of law even in such cases of death or passenger sexual assault.
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trend-gas-tank-fire-300x169Remington Walden, a 4-year-old boy from Georgia, was driving with his aunt on a spring day in 2012 when a pickup truck rammed into the back of their 1999 Jeep Grand Cherokee. Though the pickup truck caused only minor exterior damage to the Jeep, it punctured the vehicle’s fuel tank. Within seconds, Remington Walden, who was fully conscious, was engulfed in flames. He died about a minute later.

Walden’s death was many things: a tragedy, a life taken too soon, and every parent’s worst nightmare. It was not, however, unavoidable. Fiat Chrysler Automobiles, which manages the Jeep brand, was officially warned on at least three separate occasions that 1993–2004 Jeep Grand Cherokees had a substantial design defect. The fuel tanks were mounted behind the rear axle, an anomaly in the car industry, making them extremely vulnerable in rear-end collisions. When hit even at low speeds, the tanks produced deadly fires.
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Emergency-Room-300x169All of us depend on doctors and hospital workers for treatment when we are sick or injured. Many times they are successful, saving our lives or the lives of our loved ones. But hospitals are far from infallible. 195,000 people die each year in American hospitals due to potentially preventable medical errors. The following guide will give you the information you need to avoid being one of those statistics.

Before you Get to the Hospital:
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2AEE385400000578-3178432-Dame_Sally_has_called_before_for_the_development_of_new_antibiot-a-20_1438165403058-300x231If you only read Sharley McMullen’s death certificate, you would think she passed away as the result of respiratory failure and septic shock. The truth is much more alarming.

McMullen, a healthy 72-year old woman from California, was finishing up treatment for a benign stomach ulcer when she contracted an infectious bacterial disease in the hospital where she was being treated. Five weeks later, she was dead. In a morbid twist of fate, the hospital that was supposed to heal her caused her death.
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Nursing-home-resident-1-300x196Millions of nursing home residents have signed away their right to sue their nursing home, regardless of whether they were sexually assaulted, physically abused or suffered serious injuries as a result of their care. The worst part is: these residents may not even know it. Forced arbitration clauses, which are often hidden in nursing home contracts that families sign, effectively force patients to renounce their ability to go to court, forcing them into binding private arbitration.

Fortunately, thanks to the intervention of the U.S. Department of Health and Human Services (HHS), nursing homes have been barred from inserting forced arbitration clauses as of November 28, 2016. This has significant ramifications that you need to know about.
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Surgery-300x200Bringing suit for compensation against a doctor who, through his or her own negligence, caused you or a loved one injury is a fundamental right guaranteed to all citizens. Unfortunately, this right has been under attack for years.

As a result, the road to recovery for patients in medical negligence cases is far more difficult and expensive than it once was. Well-documented barriers, such as the high costs of trying a medical malpractice case (injured victims must hire a medical expert before filing suit) and reduced attorney fees on recovery have effectively barred lesser but legitimate injury claims from ever seeing the inside of a courtroom. In addition, hiring a medical expert to testify is not always easy because physicians who testify against other physicians risk being shunned in their profession going forward.

Sadly, we now write about a new barrier to injured victims.
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