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Posted on September 14, 2017 by Jeffrey K. Kestenbaum
When you think of construction accidents, the things that come to mind may include machinery accidents, power tool injuries or falls. However, one of the most common construction accidents is electrocution. In the United States, electrocution is the fourth most common cause of death among construction workers.
Electrocution often leads to critical injuries and even death. Read on to learn how electrocution affects construction workers in New York.
Posted on August 15, 2017 by Jeffrey K. Kestenbaum
If you have been injured in a New York car accident, the amount of compensation you can expect to receive will come down to one word: negligence. Basically, negligence refers to someone acting in a careless manner and causing injury to another person. While it seems so simple, it’s much more complicated in the eyes of the law.
Posted on July 14, 2017 by Jeffrey K. Kestenbaum
Playgrounds should be some of the safest spaces in New York City, as they are constructed with the safety of kids in mind, but unfortunately, accidents on NYC playgrounds are all too common.
Slip and falls are among the most common causes of playground injuries, often resulting in broken bones, head trauma, and other serious medical issues. If your child was injured because of unsafe playground conditions, speaking with a playground injury lawyer may help you understand your legal options.
At the Law Office of Jeffrey K. Kestenbaum, we help families throughout Brooklyn and New York City pursue compensation after preventable playground accidents.
Children can be injured on playgrounds in many different ways. While some accidents are unavoidable, others occur because of dangerous conditions or negligent supervision.
Common causes of playground injuries include broken or defective equipment, slippery surfaces, unsafe swings or climbing structures, poor maintenance, exposed metal or sharp edges, and inadequate safety surfacing beneath playground equipment.
According to Nationwide Children’s Hospital, more than 213,000 children younger than 18 are treated in U.S. emergency departments for playground-related injuries each year. Most playground injuries are caused by falls and commonly involve broken bones, sprains, cuts, and head injuries.
Playground accidents can lead to injuries ranging from minor cuts and bruises to long-term physical trauma. Children may suffer broken bones, concussions, neck and back injuries, sprains, soft tissue damage, and severe lacerations.
In more serious cases, injuries may require surgery, rehabilitation, or ongoing medical treatment. Head injuries can be especially concerning because symptoms are not always immediately visible after an accident.
Determining liability after a playground accident depends on how the injury occurred and whether a dangerous condition contributed to the incident.
Potentially responsible parties may include:
For example, if playground equipment was broken or improperly maintained and the hazard was ignored, the responsible party may be held liable for negligence.
Claims involving public parks can be especially complex because lawsuits against the city often involve strict filing deadlines and legal procedures. Speaking with an experienced NYC playground accident lawyer as soon as possible can help protect your rights.
If your child is injured on a playground, taking immediate action can help protect both their health and your potential legal claim.
Parents should seek medical attention right away, even if the injury initially appears minor. It is also important to document the accident scene by taking photos of the playground equipment or the hazardous condition that caused the injury.
If possible, gather witness information and report the incident to the property owner, school, or parks department. Keeping records of medical treatment, expenses, and communications related to the accident can also be helpful later.
A serious playground injury can leave families facing medical expenses, emotional stress, and uncertainty about what comes next.
A playground accident lawyer can investigate how the accident happened, determine who may be legally responsible, gather evidence, and handle negotiations with insurance companies. Legal representation can be especially important in cases involving public property or multiple liable parties.
Depending on the circumstances, compensation may be available for medical bills, rehabilitation costs, pain and suffering, and other damages related to the injury.
If your child was injured because of unsafe playground conditions, you may have the right to pursue compensation.
The Law Office of Jeffrey K. Kestenbaum helps families throughout Brooklyn and New York City navigate complex premises liability and playground accident claims. We are committed to protecting your rights and helping your family move forward after a serious injury.
Call (718) 237-5586 or contact us online to schedule a consultation with an experienced playground accident lawyer today.
Posted on June 22, 2017 by Jeffrey K. Kestenbaum
A car accident can potentially cause one or more victims to suffer severe injuries. These injuries can lead to permanent disability or death. In less dramatic cases, an injury can keep the victim from working for a prolonged period and require him or her to undergo extensive medical treatment.
If you drive or ride a bicycle in Brooklyn, know the laws that apply to your case and how personal injury claims work. You could find yourself facing financial expenses after an accident and considering filing a personal injury claim to seek compensation for them.
Posted on June 14, 2017 by Jeffrey K. Kestenbaum
Working in the construction industry is the leading cause of lead poisoning in adults. In New York, many buildings are older and contain lead paint, lead pipes, lead in the glaze of ceramic floor tiles, and lead in items around the building, such as ceramic products and jewelry.
OSHA has guidelines in place to protect construction industry workers from lead exposure on the job. When an employer violates these guidelines, workers can suffer from the effects of lead poisoning. Those who suffer from financial damages as a result of their exposure can seek compensation for their damages through construction accident claims.
Posted on May 23, 2017 by Jeffrey K. Kestenbaum
As you know, speeding and text messaging while driving are types of driver negligence that can put the driver and others on the road at risk of being injured in an accident. These types of negligence are often mentioned in discussions about car accidents, but they are not the only types of negligence that can lead to car accidents. Vehicle owners have the responsibility to safely maintain their vehicles. When a car owner fails to do this, he or she becomes more likely to cause an accident and potentially injure another motorist, a passenger, a bicyclist, or a pedestrian.
Posted on May 16, 2017 by Jeffrey K. Kestenbaum
The New York City Department of Buildings recently made it easier for the public to track construction activity by providing an online map showing the location of active sidewalk sheds across the five boroughs. This map allows pedestrians and cyclists to see where protective structures are currently installed and better plan their routes through the city.
Sidewalk sheds, or better known as scaffolding, are temporary structures built to protect people and property during construction, demolition, and building repairs. While these structures are intended to shield the public from falling debris, accidents can still happen. When someone is injured in or around a construction zone, they may have the right to pursue compensation through a construction accident claim.
Property owners in New York City are required to install a sidewalk shed when certain construction conditions exist. A shed must be installed when:
A sidewalk shed in NYC cannot be built without prior approval and a valid work permit from the Department of Buildings. In situations involving an immediate safety threat, a property owner may install the shed first and submit a permit application within 24 hours.
If the shed extends into the street, additional authorization from the NYC Department of Transportation may be required. Sidewalk shed permits are typically valid for one year or until the contractor’s insurance expires, whichever occurs first. Failure to renew a permit can result in significant financial penalties.
All sidewalk sheds must comply with New York City Building Code requirements. These standards are designed to protect pedestrians who travel beneath them and to reduce the risk of injury.
Key requirements include:
Permit information, including permit numbers and expiration dates, must be posted in a visible location. Advertising is generally prohibited on these structures, except in limited situations where an existing legal business sign is blocked.
Although these regulations are in place to improve safety, sidewalk sheds can create narrow walkways, reduced visibility, and congested conditions. These factors may increase the risk of trips, falls, collisions, or injuries caused by falling objects.
If you regularly travel through Brooklyn or other parts of the city, reviewing the city’s online map before heading out may help you anticipate construction areas. While it may not always be possible to avoid every sidewalk shed in NYC, awareness can help reduce your risk.
To protect yourself:
Cyclists should always wear a properly fitted helmet. A helmet may reduce the severity of a head injury in the event of falling debris or a collision caused by limited visibility near a construction site.
Despite safety regulations, injuries still occur around construction zones and sidewalk sheds. Falling tools or materials, unsafe work practices, poor lighting, or obstructed sightlines can all contribute to serious accidents.
If you have been injured because of a scaffold or sidewalk shed, whether due to falling debris or a collision related to reduced visibility, you may be entitled to seek compensation for your medical expenses, lost wages, and other damages.
To learn more about your rights as an injured victim, contact Brooklyn construction accident lawyer Jeffrey K. Kestenbaum at 718-237-5586 to schedule a consultation at our office.
Posted on April 13, 2017 by Jeffrey K. Kestenbaum
In March 2017, a Washington, D.C.-bound Amtrak train suffered a derailment at a slow speed in Pennsylvania Station. In the derailment, the train sideswiped a New Jersey Transit train. The incident caused minor delays and a brief service halt. 10 days later, a New Jersey Transit train on the Northeast Corridor line also suffered a slow speed derailment, which resulted in five minor injuries to passengers and delays that lasted into the evening. The two derailments occurred fairly close together and are now under investigation.
Individuals injured in train accidents can suffer significant financial damages as a result. These individuals can seek compensation for their damages through personal injury claims.
Posted on February 27, 2017 by Jeffrey K. Kestenbaum
Winter weather in New York City brings unique challenges, including the risk of slip-and-fall accidents caused by ice and snow accumulation. Although the snow may seem to disappear after each storm, hazards remain a constant threat during the colder months. With Punxsutawney Phil predicting six more weeks of winter, it’s essential for New Yorkers to stay vigilant about potential hazards and know their rights if an accident occurs.
This guide explores where slip-and-fall accidents are most likely, who may be held liable, and what steps to take if you’re injured.
Slippery surfaces can lead to serious injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and deep cuts. These injuries may result in severe complications like paralysis or excessive blood loss. Beyond physical pain, victims often face significant financial burdens, including medical bills and lost wages from extended recovery periods.
When another party fails to properly clear snow or ice, they may be held responsible for your damages through a premises liability claim. Compensation can help cover your expenses and improve your quality of life.
Some outdoor areas that are typically safe can become dangerous during winter. Be cautious in these locations:
Property owners are responsible for maintaining safe conditions on their premises during winter. If your accident occurred on a sidewalk, the building owner adjacent to that section of sidewalk may be held liable for your injuries.
Key responsibilities of property owners include:
If a property owner knew about a hazard and failed to address it, they can be deemed negligent. To file a premises liability claim, you’ll need to prove that the property owner’s negligence directly caused your injuries and resulting damages.
Government Property Accidents
If your accident occurred on government-maintained property, such as a park or public concourse, you may file a claim against the responsible agency. However, the process differs from private property claims:
For private property claims, the statute of limitations is typically three years from the date of the accident.
If you’re injured in a slip-and-fall accident, follow these steps to protect your health and preserve your legal options:
Victims of slip-and-fall accidents may seek compensation for:
Winter weather creates dangerous conditions across New York City, but property owners have a legal obligation to maintain their premises. When they fail to uphold this duty, victims can suffer severe injuries and life-altering consequences.
At The Law Offices of Jeffrey K. Kestenbaum, we are committed to helping slip-and-fall victims recover the compensation they deserve. From gathering evidence to negotiating with insurance companies, we handle every aspect of your case.
Contact us today at (718)-237-5586 or fill out our form to schedule a consultation. Let us help you identify the responsible party and build a strong case for your claim.
Posted on February 15, 2017 by Jeffrey K. Kestenbaum
Bicycle accidents, like other types of accidents such as automobile and motorcycle accidents, have many causes. Often, they are due to negligence on the part of the bicyclist or another party. Because a bicycle does not provide the level of protection that a car provides, bicyclists can suffer traumatic injuries more easily than motorists and their passengers. If you ride a bicycle in New York City, take the time to learn about the most common causes of bicycle accidents and what you can do to stay safe.
