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New York City Personal Injury Law Blog

Premises liability action for slip-and-fall on a boat

Now that summer is upon us, more and more New York residents find ways to spend their days outdoors. Better yet, they look for ways to get out on the water. Whether it is a day cruise, a ferry or a public or private boat, being on the water is enjoyed by many. While boating is a common activity, many do not consider the risks associated with it. If the owner of a boat, no matter the size, does not ensure the safety of their passengers by ridding it of any risks or dangers, he or she could be liable for any injuries occurring on the boat.

One of the most dangerous areas on a boat for passengers is on the deck. The most common type of accident occurring on a ship's deck is a slip and fall incident. A slip can occur at any moment and when a person is doing any type of activity. This is frequently caused by a slippery deck or missing warning signs.

The dangers of distracted driving

Life can get extremely busy. Because of this, we tend to take on more than we can handle. This means finding ways to get everything done in the time available. In order to accomplish this, individuals in New York and elsewhere multi-task. While this is common, it is not always easy or permissible in any and all environments. Take for example a motor vehicle. When a motorist is multi-tasking, he or she is not paying attention to the main task at hand, driving. Thus, the motorist is exposing him or herself to risks, also risking the lives of other travelers on the roadways.

The dangers of distracted driving are well known; however, many motorists partake in this risky behavior each and every day. Based on current data, roughly nine people are killed and more than 1,000 people are injured each day in an accident involving a distracted driver. This data illustrates how serious the matter is.

Seeking compensation after a construction accident

We see a lot more of certain things during the spring and summer months. There are more bikers, people at the parks, swimming outdoors and construction. This time of year is prime time for road construction. While this is good because roadways need repair, it is also problematic for some, as it tends to cause traffic and delays. What it also causes is risks to workers. Working in an area where vehicles continually drive by can generate various risks. If a motorist is inattentive or proper steps are not taken to secure a work zone, a construction worker in New York and elsewhere could suffer serious harms in an accident.

Whether an employee has been working in construction for decades or just started, a construction worker is afforded the right to be safe at a construction site. Employers are required to take certain steps to ensure safety, such as providing training, requiring specific safety equipment and monitoring the work site. However, when a construction site accident occurs, it is possible to seek compensation for the injuries suffered.

New York workplace accidents, fatalities should be preventable

After several years with a workplace fatality rate consistently below the national average, New York's rate of work place fatalities has risen since 2013 from 2.1 deaths per 100,000 workers to 3.1 deaths per 100,000 workers - thirteenth lowest in the nation. This puts the Empire State well ahead of the national workplace fatality rate of 3.6 deaths per 100,000 workers. New York's rate had not been reflected by the national level - where the on-the-job death rate has remained between 3.5 and 4 fatalities per 100,000 workers since 2007 - until 2016 when the rate rose to within .5 deaths per 100,000 workers of the national levels.

New York also remains well below the national average when it comes to rates of work-related accidents and illness that caused missed work days or job restrictions. Such injuries and illnesses occurred at a rate of 1.3 per 100 workers in the state; while on a national level, 1.6 per 100 workers were injured or became ill on the job and missed work in 2016.

Keeping yourself safe in a high-stress restaurant job

Working in a restaurant setting is a wild ride, and most people in the industry would agree that everyone should experience it to gain empathy. Along with the other standard skills acquired in a job, working in the restaurant industry teaches you to multitask, deal with gnarly customers and be a strong teammate. Once you have worked in this scene, you will never think about it in the same way.

Despite what your parents may think, the restaurant industry isn’t at all like landing softly into a Bob Ross painting. There is a fairly high failure rate, especially if it’s a smaller start up. As stressful as that is, you also have a mob of customers with high standards who are quick to write a review tied their experience. Additionally, there are countless workplace hazards that other industries don’t have to deal with.

New York keyless vehicle owners risk CO poisoning

People are generally aware that there are some risks inherent to the ownership and operation of vehicles. Such risks, typically, come in the form of motor vehicle accidents. However, as the New York Times recently detailed, there is another silent - but just as deadly - risk faced by owners of vehicles equipped with keyless ignitions: Carbon monoxide poisoning. Since 2006, dozens of cases - including fatalities - have been reported.

The dangers come from a combination of drivers who are habituated to removing a key from the car to turn off an engine and the quiet efficiency of today's car motors. Thinking the engine is off when they remove the fob from the car, a driver will simply leave their attached garage and enter their home - not hearing that the engine is still running. Those who survive don't realize what is happening until they feel the ill effects of carbon monoxide poisoning. Others are less fortunate.

New York motorists challenged by unsafe drivers on two sides

According to EverQuote, an online marketplace for auto insurance companies, two of New York's neighboring states are home to some of the worst drivers in the United States. A report recently released by the company found that the nation's least safe drivers ply the roads and highways of Connecticut. Meanwhile, Pennsylvania motorists were ranked third from the bottom when assessed against a handful of unsafe driving habits.

Using data mined from its EverDrive app, EverQuote studied 781 million miles of driving from 2017 and derived five types of unsafe behaviors that lead to driving hazards or motor vehicle accidents. These behaviors - aggressive acceleration, hard braking and turning, driving while using a phone or handheld device and speeding - were tallied as a percentage of driving trips in which they were involved. On a nationwide basis, 38 percent of all 2017 trips involved speeding, the most common of the unsafe behaviors.

Sleepiness attributable to more accidents than reported

The kickoff to the summer driving season is coming this weekend. By Friday, millions of Americans will travel to a holiday destination. This year’s holiday is poised to be one of the busiest travel weekends in recent history as the American Automobile Association predicts than 30 million people will take to highways this coming weekend, and the highest gas prices in four years is not likely to change this.

With so many people on the road, drivers tend to know about the hazards they should avoid. Public service announcements will remind them not to drink and drive, wear their seatbelts and stay off their cell phones while driving. Despite all of these warnings, perhaps the most important notice is being ignored: don’t drive while drowsy.

Construction industry leads for number of workplace deaths

Over the course of 2016, which is the most recent year for which workplace fatality data was available, 5,190 workers died while on the job in the United States. Of these, 991 deaths occurred in the construction. Among these deaths, more than quarter (270) of the workers who died as a result of construction accidents were born outside the United States. New York had the fourth highest number of foreign-born worker fatalities (62) in 2016, behind Texas, California and Florida.

The AFL-CIO extrapolated the 2016 workplace fatality data in its annual report, "Death on the Job, The Toll of Neglect" published at the end of April. The 2016 workplace death toll was an increase over the previous year, when 4,836 people were killed on the job, resulting in a national rate of 3.6 deaths per 100,000 workers across all industries. While New York was 13th overall in terms of the number of work-related deaths in 2016, with a total of 272, its fatality rate of 3.1 per 100,000 workers was well below the national average.

Safe driving during summer road construction

There’s a lot going on in the streets of The Big Apple. Especially in the summer. While construction may be a fact of life year-round in New York, it certainly ramps up in the summer. And with the increased construction, comes the potential for more car accidents.

Road construction can make a busy city complicated. There was already plenty of traffic and honking to pay attention to, but with construction, there are orange cones, people in fluorescent vests and flashing arrows pointing in all the wrong directions.

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