New York Personal Injury Blog

EPA Issues Rules to Reduce Water Pollution from Construction Sites

Paul Napoli — Mon, 30 Nov 2009 02:36:08 GMT

November 29, 2009

The U.S. Environmental Protection Agency (EPA) has issued a final rule aimed at reducing water pollution from construction and development industries.

The final rule, which takes effect in February 2010 and will be phased in over a four-year period, will require construction site owners and operators who disturb one or more acres to use erosion and sediment control best management practices (BMPs) and pollution prevention measures to prevent run off of pollutants from construction sites into nearby bodies of water.

It also requires construction site owners and operators who impact 10 or more acres to monitor stormwater discharges and comply with a numeric standard for the pollutant turbidity in those discharges. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

Construction activities like clearing, excavating and grading significantly disturb the land and cause soil and sediment runoff, one of the leading causes of water quality problems nationwide.

“The disturbed soil, if not managed properly, can easily be washed off of the construction site during storms and enter water bodies,” the EPA Final Rule says. “Stormwater discharges from construction activities can cause an array of physical, chemical and biological impacts.”

If you or a family member have suffered illness or your property contaminated by soil or ground water pollution, toxic spillage, chemical seepage, improper waste disposal or other environmental issues from construction, mining or other industrial operations, it is important that you contact an attorney immediately to discuss your legal options. Call Napoli Bern Ripka, LLP today at 888-529-4669.

Originally posted at InjuryBoard by Paul Napoli

Driver Held on $1 Million Bail as Three Boys Remain Hospitalized in Philly

Paul Napoli — Sat, 28 Nov 2009 23:51:34 GMT

November 28, 2009

Dawn Denise Snell, 42, of the Philadelphia suburb of Lansdowne, is being held in the Delaware County Jail on $1 million cash bail after driving her car into three boys walking home from school in Upper Darby, PA.

Police Superintendent Michael Chitwood of the Upper Darby Police Department said Dawn Snell was speeding east in her Dodge Charger on Marshall Road about 12:10 p.m. Tuesday when she ran a red light, lost control of the car and swerved toward a group of five boys. She struck two boys, then hit a third as her car traveled along the sidewalk before ramming a parked car, the impact pushing it 15 feet, where Snell’s car finally came to rest 500 feet from the first impact. The windshield smashed by the force of the boys’ bodies’ impact.

The victims, seventh-graders Jemel Brunswick, 13, Philmon Beyene, 12, and Tyler Lowery, 12, were waiting to cross the street on their way home after an early release from school for the Thanksgiving holiday when they were run down. Ambulances rushed all three boys to Children's Hospital of Philadelphia in critical condition.

Brunswick and Beyene were in "extremely critical" condition, Chitwood said. Doctors performed surgery Tuesday night on Brunswick and Beyene to relieve pressure on their brains. Doctors transferred Brunswick to the Hospital of the University of Pennsylvania suffering multiple facial fractures, pelvic injuries and a serious wound to one of his lungs. Snell’s car hit Brunswick so hard that he was knocked out of his shoes. Beyene remains in a medically induced coma and on a respirator, treated for a fractured skull, multiple pelvic fractures and a lacerated pancreas. He also had surgery to save his right leg, Chitwood said. Lowery was in stable condition with less severe injuries.

"What the long-term consequences are, I couldn't tell you. They're going to be in the hospital for a long time," Chitwood said. “To knock someone out of their shoes, you have to be traveling at a pretty significant speed.”

Witnesses told police that Snell tried to flee the accident scene after hitting the boys. "Every one of them said there was no doubt she was trying to get away," Chitwood said.

Snell told police that she was rushing to get her daughter to SEPTA’s 69th Street Terminal to catch a train to Norristown. Snell's daughter said she believes something was wrong with the car and her mother was not trying to flee, but Chitwood said there is nothing to indicate a malfunction of the car.

Officials charged Snell Wednesday with aggravated assault, simple assault and a host of motor-vehicle counts including reckless driving and leaving the scene of an accident. Snell remains in the Delaware County Jail on $1 million cash bail while awaiting a preliminary hearing is scheduled for November 30.

"You could have two dead young men before the weekend is over," Chitwood said regarding the high bail.

If you or loved one has been injured or a loved one killed in pedestrian vs. motor vehicle accident, Napoli Bern Ripka, LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Call 1-888-529-4669 today to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

New Law Increases Fines for Employers who Retaliate Against Employees

Paul Napoli — Sat, 28 Nov 2009 23:49:35 GMT

November 27, 2009

A new law that protects employees who report labor violations to the New York State Department of Labor from retaliation by employers went in to effect this week.

When employees file claims or provide information to the Department of Labor about violations, they may suffer employer retaliation such as discharge, demotion, pay cuts or reassignment to a less desirable work shift or work duties. Employees must be protected from such retaliations and although New York’s previous labor law prohibited employer retaliation, the new law offers a greater deterrent because of increased penalties.

Governor David A. Paterson said, “Every worker in New York is afforded basic protections under state labor law – minimum wage, meal breaks and the right to be paid in a timely manner. Oftentimes, when workers are not afforded those rights, many are too apprehensive to come forward due to fear of retaliation by their employers. This law will persuade more workers to come forward, while at the same time ensuring that lawbreaking employers who do retaliate against workers will face stiff penalties.”

Signed by Governor David A. Paterson on August 26, 2009, the new law increases the minimum civil penalty against employers who retaliate against employees from $200 to $2,000 and the maximum penalty from $1,000 to $10,000. Under the new law, the Commissioner of Labor may also award lost compensation to workers who have been victims of employer retaliation.

“All too often, workers who turn to the State Department of Labor to help them recover unpaid wages or receive help with other labor law violations end up getting fired, or are otherwise victims of workplace retaliation – including reduced hours, losses of benefits, and different work assignments – by their employers. Employers who willfully underpay their workers or otherwise violate labor rights and protections must be held accountable for their actions, and worker ‘whistleblowers’ who attempt to stand up for their rights must be able to come forward and seek help without fear of losing their jobs,” said State Senator George Onorato, the chairman of the Senate Standing Committee on Labor.

Federal and state labor laws regulate the relationship between employers and employees. Labor law, also called employment law, is an entire body of laws, regulations, administrative rulings and case precedents that govern how trade unions, employees and employers must interact. This body of law also restricts some actions for these groups. These laws protect employees from being treated poorly by their employers. If an employer fails to follow these regulations, an employee may be able to file a claim for lost wages, back pay and other damages. An experienced attorney is a valuable asset to have when you are thinking of filing a labor law claim against your employer or former employer. Call Napoli Bern Ripka, LLP today at 888-529-4669 to discuss your legal options.

Originally posted at InjuryBoard by Paul Napoli

Elderly Couple Mowed Down on the Way to Church

Paul Napoli — Sat, 28 Nov 2009 23:47:06 GMT

November 26, 2009

A hit and run driver mowed down an elderly couple crossing the street on their way to a Staten Island church Wednesday night.

Peter S. Sabados, 78, and his wife Lillian Sabados, 77, were on their way to donate canned goods at their church, Our Lady Queen of Peace in New Dorp, when Allmir Lekperic, 26, struck the couple with his white Ford Econoline van and fled the scene.

Rev. Pancrose Kalist, pastor of Our Lady Queen of Peace Church, said he ran out of the church when he heard there was an accident. He knew immediately the victims were parishioners because the canned goods they were carrying for a special 7:30 p.m. charity mass were scattered in the street.

Kalist gave the couple their last sacraments as they lay waiting for emergency workers to arrive at the scene.

Ambulances transported the elderly couple to Staten Island University Hospital, Ocean Breeze, where Peter Sabados died about 45 minutes after the crash and Lillian Sabados died about 4 a.m. Thursday morning.

Allmir Lekperic is charged with leaving the scene of an accident and driving with a suspended license.

Six hours before the accident occurred, Rev. Kalist and the Principal of the parish school met with Department of Transportation officials to discuss traffic safety options where they suggested installation of a red light camera at the intersection.

If you or loved one has been injured or a loved one killed in pedestrian vs. motor vehicle accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Call 1-888-529-4669 today to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

2 Teens Killed, 5 Injured in East Coventry Township, PA Crash

Paul Napoli — Sat, 28 Nov 2009 23:44:35 GMT

November 25, 2009

An accident killed two teens and injured five others Monday evening on Route 724 near Sanatoga Road in East Coventry Township, Chester County.

East Coventry police say a Honda SUV traveling westbound on Route 724 at about 8:45 p.m. and carrying six teenage boys crossed the eastbound lane, went up an embankment, rolled over and hit an oncoming Nissan sedan driven by Latasha Jones, 22, of Pottstown.

Andrew Case, 17, of Pottstown and Michael Cantamaglia, 16, of Barto, both juniors at Pottsgrove High School, were thrown from the SUV during the crash and pronounced dead at the scene.

Ambulances transported SUV passengers Garrett Sterner, 16, of Telford, and three Pottsgrove High School students, Dylan Kunrath, 17, Kyle Hilegas, 15, and the unidentified SUV driver to Reading Hospital.

Police did not release the SUV driver’s identity because of his age.

Latasha Jones, the driver of the Nissan, was transported and treated at Reading Hospital, then released, said a spokesperson.

Pottsgrove High School, which was closed for an in-service, opened Tuesday night with professional counselors to help anyone mourning the students.

If you or loved one has been injured or a loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Call 1-888-529-4669 today to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

FDA - New Seasonal Flu Vaccine Approved

Chrissie Cole — Fri, 27 Nov 2009 22:32:00 GMT

Agriflu, a new seasonal flu vaccine by Novartis’, was approved for sale by the U.S. Food and Drug Administration (FDA) on Friday. Agriflu is not intended to fight the H1-N1 virus, also known as swine flu.

The vaccine, approved to prevent influenza subtypes A and B in people 18 or older, is administered as a single injection in the upper arm. The agency used an accelerated approval process but the company is required to conduct more tests to show Agriflu's effectiveness.

Common side effects of Agriflu found during clinical trials include: headache, muscle aches, pain, swelling, redness at the injection site and tiredness.

Novartis is also the maker of Fluvirin, another licensed vaccine for seasonal influenza, which is approved for people 4 and older.

While no vaccine is 100 percent effective in preventing the flu, vaccination is the key to prevention, the FDA said.

Originally posted at InjuryBoard by Chrissie Cole

Recall Of Children’s Metal Pendants Expanded

Chrissie Cole — Wed, 25 Nov 2009 10:50:00 GMT

Team Work Trading, in cooperation with the Consumer Product Safety Commission (CPSC), is expanding a previous recall of Children’s Metal Pendants because they contain excessive levels of lead. The original recall was announced in September.

Lead is particularly damaging to children as it interferes with the developing nervous system and can cause permanent brain disorders such as learning, memory, and behavior.

To this date, there have been no reports of illnesses associated with the recalled products.

The recall includes 11 types of metal pendants sold with silver-coated chains. They feature symbols from the following animations/cartoons: “Bleach,” “Death Note,” “Naruto” and “One Piece.”

The recalled items should be taken away from children. Consumers can contact Team Work Trading for a refund or replacement product.

Consumer should immediately take the recalled pendants away from children and contact Team Work Trading to receive a full refund or replacement product.

Consumer Information: Call Team Work Trading collect at (213) 680-4489.

Originally posted at InjuryBoard by Chrissie Cole

2.1 Million Cribs Recalled due to Infant Entrapment and Suffocation, Two NY Children Dead

Paul Napoli — Tue, 24 Nov 2009 16:51:31 GMT

November 24, 2009

The U.S. Consumer Product Safety Commission (CPSC) and Stork Craft Manufacturing Inc. announced a recall of more than 2.1 million Stork Craft drop-side cribs due to incidents of the drop-side detaching, causing injuries, entrapments and the death of four infants.

There have been 110 incidents of drop-side detachment reported. The incidents include 15 entrapments, four of the entrapments resulted in suffocation death of a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. There have also been 20 falls from cribs reported, causing injuries ranging from concussions to bumps and bruises.

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space, which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

Stork Craft drop-side cribs under this recall have manufacturing and distribution dates between January 1993 and October 2009 and Stork Craft cribs with the Fisher-Price logo have manufacturing dates between October 1997 and December 2004. The manufacture date, model number, crib name, country of origin, and the firm’s name, address and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.

This recall involves approximately 1,213,000 units distributed in the United States and 968,000 units distributed in Canada. They were sold at major retailers such as BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall does not involve any cribs that do not have a drop-side. This recall does not involve any cribs with metal rod drop-side hardware. It involves only those cribs with plastic trigger and one-hand-system drop-side hardware.

The CPSC warns parents and caregivers are to stop using the recalled cribs immediately. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft at (877) 274-0277 or log on to www.storkcraft.com to order a free repair kit that converts the drop-side on these cribs to a fixed side. They should wait for the free repair kit and do not attempt to fix the cribs without the kit.

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please visit https://www.cpsc.gov/cgibin/incident.aspx.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child was injured or killed as the result of a defective Stork Craft drop-side crib or other product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury. Call 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

Tundra Pickups Recalled Due To Corrosion Fears

Chrissie Cole — Tue, 24 Nov 2009 13:04:00 GMT

Toyota is expected to voluntarily recall some 110,000 older model Tundra pickup trucks in the U.S., due to corrosion problems, government officials said.

The recall involves 2000-2003 models in 20 cold-climate states mainly located in the East and Midwest where road salts are used, according to The National Highway Traffic Safety Administration (NHTSA).

The salts can cause a rear portion of the frame to fail and allow the spare tire to fall onto the roadway, the safety agency said.

Toyota is still negotiating the final details of its biggest recall of 3.8 million vehicles. The concern is that the driver side floor mat could cause the cars to accelerate by trapping the gas pedal under the mat.

The company will begin notifying owners in December and apply a corrosion-resistant compound or replace a part, according to the statement. Tundra owners in states not affected by the recall will also be notified, the agency said.

Originally posted at InjuryBoard by Chrissie Cole

OSHA’s Top 10 Workplace Safety Violations 2009

Paul Napoli — Mon, 23 Nov 2009 17:41:50 GMT

November 23, 2009

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released the agency’s preliminary Top 10 Safety Violations for 2009 as part of a presentation for the National Safety Council 2009 Congress & Expo last month.

“We appreciate our colleagues at OSHA presenting their new violation data to such a receptive audience,” said National Safety Council President and CEO Janet Froetscher. “The sheer number of violations gives us new resolve in raising awareness about the importance of having sounds safety procedures.”

OSHA’s Top 10 Workplace Safety Violations are:

1. Scaffolding – 9,093 violations

Scaffold accidents most often result from the planking or support giving way, or to the employee slipping or being struck by a falling object.

2. Fall Protection – 6,771 violations

Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected. Fall protection must be provided at four feet in general industry, five feet in maritime and six feet in construction.

3. Hazard Communication – 6,378 violations

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers.

4. Respiratory Protection – 3,803 violations

Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards may cause cancer, lung impairment, other diseases or death.

5. Lockout-Tag out – 3,321 violations

"Lockout-Tag out” refers to specific practices and procedures to safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.

6. Electrical (Wiring) – 3,079 violations

Working with electricity can be dangerous. Engineers, electricians and other professionals work with electricity directly, including working on overhead lines, cable harnesses and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

7. Ladders – 3,072 violations

Occupational fatalities caused by falls remain a serious public health problem. The US Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for eight percent of all occupational fatalities from trauma.

8. Powered Industrial Trucks – 2,993 violations

Each year, tens of thousands of injuries related to powered industrial trucks (PIT), or forklifts, occur in US workplaces. Many employees are injured when lift trucks are inadvertently driven off loading docks, fall between docks or off an unsecured trailer and they are struck by the lift truck or they fall while on elevated pallets and tines.

9. Electrical – 2,556 violations

Working with electricity can be dangerous. Engineers, electricians, and other professionals work with electricity directly, including working on overhead lines, cable harnesses, and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

10. Machine Guarding – 2,364 violations

Any machine part, function or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

OSHA’s final report will be published in the National Safety Council’s December 2009 issue of Safety+Health magazine.

If you or a loved one have been injured while at work, you may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support (in the case of the death of a spouse whose income supported family members) for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka, LLP we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NBRLawFirm.com today.

Originally posted at InjuryBoard by Paul Napoli