Month: March 2013

Playground and Amusement Park Injuries

According to the Centers for Disease Control and Prevention website, each year in the United States, emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries. Children ages 5 to 9 have higher rates of emergency department visits for playground injuries than any other age group and most of these injuries occur at school. The majority of home-related injuries occur on swing sets. A large majority of nonfatal injuries occur on public playground equipment as a result of physical hazards and behavioral elements such as supervision and age-appropriate design. Low income areas had higher incidence of injuries as a result of lower maintenance on equipment.  Falls to the surface or on equipment account for a large percentage of head injuries, while broken bones, and surgeries are in many cases a result. In some cases these unfortunate accidents occur on school grounds and the school may be liable for negligence as a result of faulty equipment or lack of supervision.

In recent years playground equipment guidelines and standards
have been developed by the U.S. Consumer Product Safety Commission and the American Society for Testing and Materials. However, accidents, injuries and loss of life continues to happen. Amusement and Theme Park related injuries
are often more serious and these mishaps in many cases result in death.

Operators of amusement parks or playgrounds in New York State are required to provide reasonably safe conditions for protection and are responsible for any negligence in equipment operation and maintenance. According to the federal Consumer Product Safety Commission (CPSC), in 2006 approximately 8,800 people were injured on amusement park rides. The most common of these injuries include head, neck and back injuries, broken bones, lacerations and traumatic brain injuries due to rapid speeds and detached objects hitting a rider’s head. The CPSC reports that the leading number of these injuries occur due to mechanical failure, improper operation and passenger misuse and failure to follow instruction.

If you believe you may have grounds to file a lawsuit involving a playground accident at public or private park, amusement park or playground on or off school premises, contact us by email or by phone at  212-642-0950 for a courtesy evaluation. An Okun, Oddo & Babat injury attorney will evaluate your case and aggressively persue the maximum compensation.

pedestrian accident lawyer New York, NY

New York City Taxi & Limo Accidents

With the substantial volume of traffic regularly streaming in and around Manhattan, the five boroughs and nearby airports on a regular basis, it’s inevitable that numerous taxi, limousine and car service accidents occur in the NewYork City Metro area annually.  Aggressive driving, driver fatigue, substance abuse and other causes may result in severe injuries and loss of life to passengers and pedestrians as a result of neglect on the part of the driver.

…numerous taxi, limousine and car service accidents
occur in the NewYork City Metro area annually.

In many instances the insurance carried by vehicles for hire isn’t enough. $100,000 is the minimum coverage required for taxi cabs in New York City. In some cases, compensation may be pursued from an injured individual’s own uninsured motorist coverage. We may be able to pursue compensation for you to cover loss of life, injury, medical expenses and loss of income. We will review the details of your case and work tirelessly as advocates on your behalf.

The attorneys at Okun, Oddo & Babat have the experience, skill and expertise to help you pursue the maximum compensation for your losses in these unfortunate taxi and limo accidents. Call our office today at 212-642-0950 to arrange to speak to one of our accident lawyers or contact us by email and you will be contacted by us shortly.

New York City Car Accident Claims

If you have suffered an injury as a result of a car accident, an Okun, Oddo & Babat accident lawyer can handle all of the details, including your no-fault insurance claim. Our attorneys work diligently, often working with a variety of experts who help us find the factors that support our clients’ claims and establish liability.

Often during the course of our work, we determine evidence of negligence, such as:
• Driver Distraction
• Impaired or Drunk Driving
• Speeding
• Reckless driving
• Defective auto parts
• Defective roads

We will work with you to determine how this accident has affected your life, including short- and long-term injuries, loss of income, loss of life and other hardships. As experienced trial lawyers, we know your rights, the legal value of your claim and we will work tirelessly to obtain the maximum compensation on your behalf.

Okun Oddo & Babat serves the New York City Metro Area with clients in New York City, Staten Island, Queens, Brooklyn, Westchester and Bronx. Contact us by email or by telephone at 212-642-0950 to arrange a consultation with one of our experienced auto accident attorneys.

Will Proposed New York Scaffold Law Amendment Compromise Construction Worker Safety?

According to the New York Labor Law sections 240 and 241 also known as the Scaffold Law, contractors and building owners are required to provide the proper safety equipment and training for workers performing duties at elevated heights. Failure to do so, if proven, means they can be held 100% liable for damages and injuries to workers as a result. Peter Herr gives a detailed report on the Politicsny website regarding New York State Senator Patrick Gallivan and Assemblyman Joe Morelle’s move toward legislation to amend the bill, which would limit the amount of liability that building owners and contractors’ insurance would have to pay out. The article states that “Proponents of the amendment say this will lower insurance rates; opponents claim that by allowing owners and contractors this ability to limit liability, it will also allow them to take safety shortcuts in the interest of cost savings on job sites.” The article sites examples of several construction accident lawsuits that have been provided to illustrate the negative effects of the law. Argument against the change in the law is that New York construction workers could clearly be at higher risk to be involved in construction accidents. Herr reports that “The total liability element is the meat of the law and is what drives owners to demand high safety standards from the contractors they chose. ”

Call us at 212-642-0950 or email us
to speak to one of our experienced construction accident attorneys.

Okun, Oddo & Babat is a New York City law firm specializing in the representation of victims who have suffered serious personal injuries. We represent accident victims in all areas of personal injury arising out of automobile accidents, medical malpractice, hospital negligence, defective products and drugs, premises liability, construction site accidents and wrongful death. We handle civil litigation and trials in both the State and Federal Courts. We also offer high quality representation in all types of criminal and commercial matters.