Personal Injury Law

March 23, 2020

Arbitration Clauses: Why Suing Large Companies is Difficult

by Law Offices of Thomas L. Gallivan, PLLC

A recent study found that 81 of the top 100 companies in America have clauses in their customer agreements that force legal claims to air their legal grievances in arbitration – and typically only after signing a non-disclosure agreement and waiving their right to appeal. In May 2019, JPMorgan Chase joined the consumer-unfriendly trend when it informed all of its credit card customers that they could no longer sue the company in court. The bank previously mandated arbitration for its bank account and insurance customers. Imre Szalai, a professor of social justice at Loyola University, said the move by JPMorgan Chase is part of a larger trend denying consumers the right to litigate their legal claims in court. “The ability to access the courthouse is disappearing for American consumers, Szalai said, citing his own research on the subject of mandatory arbitration clauses.

Mandatory arbitration clauses are often included in the “Terms of Service” that many consumers blindly sign when signing up with a company. This can harm the consumer because arbitration severely limits the rights of consumers. Typically, arbitration allows more limited evidence to be presented, can cap the amount of damages a person is awarded, and usually requires both parties to sign non-disclosure agreements and give up their right to appeal any decision. Therefore, companies with mandatory arbitration clauses benefit from not only having their legal matters resolved quicker but they can also avoid any public relations fiasco by keeping customer’s complaints quiet.

March 20, 2020

After Tragic Limo Accident, New York Moves to Strengthen Oversight

by Law Offices of Thomas L. Gallivan, PLLC

In response to a tragic limousine accident that left 20 dead in October, the legislature is proposing a slew of measures meant to regulate the industry and protect New Yorkers. According to The New York Post, the state Senate passed several proposals in the hopes of preventing another fatal limo accident in the state. As previously reported, federal regulations barely touch on the limousine industry – despite its heavy hand in the broader automobile industry. Therefore, according to New York Democrats in Albany, the burden falls on the state to prevent the kinds of tragedies that occurred in October.

Last October, a stretch limo with faulty brakes ran through several red lights and stop signs before eventually hitting a parked vehicle. All 18 passengers in the limo, all family members, and two pedestrians were killed. Just two weeks prior, the limo was taken off the roads for safety violations. Despite being “cleared” to operate again, the limo was clearly still unsafe.

March 15, 2020

New Bill Brings Harsher Penalties for Impaired and Distracted Driving

by Law Offices of Thomas L. Gallivan, PLLC

As the legislative session draws to a close, politicians are making last-minute efforts to pass their bills into law. One bill introduced by Rep. Kathleen Rice would create a new criminal law for intoxicated drivers who get behind the wheel with a child in their vehicle. The Prevent Impaired Driving Child Endangerment Act would nationalize ‘Leandra’s Law’ which made driving while impaired by drugs or alcohol a felony crime punishable by four years in prison. Drivers convicted under Leandra’s Law must also attend substance abuse treatment and install an ignition interlock system in their vehicle. If passed into law, states would be required to enact Leandra’s Law or lose federal highway funding beginning in 2021. New York already passed a version of Leandra’s Law.

Rep. Rice also introduced a second piece of legislation aimed at automobile safety. Introduced last month by the New York Democrat, The End Drunk Driving Act would require automobile manufacturers to introduce technology that could detect if a driver is impaired or under the influence. Newsday said that two technologies have emerged that could detect an impaired driver and disable their ability to start a vehicle. One system uses an infrared fingerprint scanner to measure a driver’s blood alcohol content before allowing the vehicle to start. The other system passively measures the breath of the person in the driver’s seat. Traffic safety advocates say the fingerprint method is more precise but the air monitoring system is less intrusive and could monitor the driver’s impairment level during the drive. Unfortunately, the technology is currently inaccurate and prone to misjudgments. Perhaps more problematic, neither option can determine whether the driver is impaired from any other substance. With rates of opioid and marijuana use rising across the country, testing exclusively for alcohol-impaired drivers seems shortsighted.

March 10, 2020

Millions of Americans Say They Drive Stoned

by Law Offices of Thomas L. Gallivan, PLLC

Almost 15 million Americans admit they drive while under the influence of marijuana, according to a new study by AAA. The alarming news does not end with the sky-high number of impaired drivers, either. Millennials (25 to 39 years old) were most likely to get high before driving, followed closely by Generation Z (under 24 years old). While unsurprising given their age, AAA correctly notes that the majority of stoned drivers are also the most inexperienced – a dangerous combination. The survey also showed that drug-impaired drivers appear unconvinced of its danger and unconcerned with its harsh legal consequences. In fact, Americans surveyed by AAA said that texting and driving posed a greater hazard on the road than pot-impaired drivers.

Despite evidence to the contrary, stoned drivers say that pot does not lead to unsafe driving. The study also reported that a full 13 percent of stoned drivers describe their illegal habit as only ‘slightly dangerous’ or ‘not dangerous’ at all. Despite the perception of their cognitive abilities, evidenced-backed research shows significant impairments in a driver’s ability while under the influence of cannabis. Marijuana impairs motor coordination, reaction time, and personal judgment. Unsurprisingly, an impaired driver is a dangerous one. Stoned drivers are almost twice as likely to be in a car accident than their sober counterparts.

March 7, 2020

Tarrytown Hall Care Center Cited for Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Tarrytown Hall Care Center in Tarrytown, New York has received 26 citations for violations of public health law between 2015 and 2019, according to records provided by the New York State Department of Health and accessed on November 4, 2019. The citations resulted from six inspections by the Department, the public entity responsible for enforcing safety and health standards in New York nursing home facilities. The violations described in these citations include the following:

1. The nursing home failed to ensure its residents’ freedom from abuse and neglect. Nursing home facilities are required by Section 483.12 of the Federal Code to respect their residents’ right “to be free from abuse, neglect, misappropriation of personal property, and exploitation.” A January 2019 citation described Tarrytown Hall Care Center’s failure to ensure one resident’s right to be free from abuse in a situation where, after that resident struck a Certified Nursing Assistant, that assistant “responded by tossing liquid from a cup he was holding in his hand directly towards [the resident’s] upper body and face area,” then pushing that resident’s wheelchair into a hallway, where another assistant had to intervene to stop the rolling wheelchair. The citation notes that the resident in question was “severely cognitively impaired” and dependent on a wheelchair for mobility and personal assistance to move around the facility.

March 3, 2020

One-Third of Manhattan Bikers Text While Cycling

by Law Offices of Thomas L. Gallivan, PLLC

An astonishing one-third of New York City bicyclists text while commuting around the city, according to a recent study by Hunter College. To perform the study, the local college observed 46 intersections in the busier parts of Manhattan (between 14th Street and 86th Street) this April. Researchers gathered observational data on cell phone use, helmets, and traffic safety. When it comes to cell phone use, Manhattan bikers appear unconcerned with the distraction – 30.2 percent of cyclists used their cell phones, according to researcher’s observations. This number is significantly higher compared to six years when Hunter College conducted the same study. In 2013, researchers observed only 10 percent of bicyclists using their phones.

According to the study’s researchers, the increase in “texting while cycling” could be caused by increased safety initiatives taken by the city, which include dedicated bike plans. On the whole, researchers say it is most likely just part of a larger trend. Peter Tuckel, Hunter sociologist and author of the study, told The New York Post, “There’s been an enormous upsurge in the number of people in general who use electronic devices – whether it be pedestrians, drivers, or cyclists.”

February 14, 2020

Physical Barriers Work Best to Prevent Bike Accidents

by Law Offices of Thomas L. Gallivan, PLLC

Physical barriers appear to provide the most safety benefits for bikers, according to a new study out of Australia. The study compared several stretches of bicycle lanes in Melbourne. The Australian researchers equipped bicyclists on each route with sonars and camera that could measure the distance and speed of each passing car. After gathering data over the course of a month, the academics analyzed the relationship between bike lane infrastructure and bike safety.

The results of the study showed that a physical barrier provided superior protection to bicyclists. On average, cars overtaking bicyclists left the shortest amount of distance between themselves in bicycle lanes marked solely by painted lines – a full 10 inches less than a bike lane with a physical barrier. Providing insightful analysis on the study, ArsTechnica interviewed the author of the study, Dr. Ben Beck, who said, “We know vehicles driving closely to cyclists increases how unsafe people feel when riding bikes and acts as a strong barrier to increasing cycling participation. Our results demonstrate that a single stripe of white paint does not provide a safe space for people who ride bikes.”

February 3, 2020

New York City Construction Injuries Increase 221 Percent Since 2014

by Law Offices of Thomas L. Gallivan, PLLC

The deadliest industry in New York is becoming even more dangerous with injuries caused by construction accidents increasing a hefty 221 percent in the last five years. According to CBS New York, deaths in the construction industry alone increased by 33 percent in the same time period. Just last month, three New York construction workers died while on the job. In SoHo, a worker was crushed by a crane. The other two workers died from falling debris at their worksite.

According to the local news station, there are two primary causes of the increase in workplace injuries. First, New York City is experiencing a construction boom. Gary Labarbera, President of NYTC Building and Construction Trades Council, told CBS News that despite a “busy, robust construction market… there shouldn’t be anywhere near this many fatalities.” The second (and related) reason involves contractors who are “willing to underbid to the job” and then “cut corners everywhere they can find,” says bricklayer Jerry Gozdyra. Unfortunately, these contractors and construction companies often undercut the safety of their workers. “It’s always been a dangerous profession, but deadlines and pressure from when you [have to] get [the work] done sometimes cause you to take risks. If you’re given the time and proper equipment you have a better chance of working safely,” masonry restoration specialist Christine Azzoli told the local news channel.

January 13, 2020

High School Principal Admits “Mistake” for Student Burned in Chemistry Experiment

by Law Offices of Thomas L. Gallivan, PLLC

Beacon High Principal said she “made a mistake” by overlooking safety procedures that led to the unfortunate disfigurement of a student when a chemistry experiment went awry in 2014. According to The New York Daily News, a chemistry teacher at the prestigious Manhattan school created a fireball in the classroom in a “rainbow experiment.” According to the newspaper, this chemistry experiment involves “pouring a one-gallon jug of methanol directly onto hot Petri dishes… producing multi-colored flames.”

Unfortunately, the experiment went awry and Alonzo Yanes was horrifically burned. Medical reports show that the high schooler spent months in the hospital recovering and required skin grafts on more than 30 percent of his body. Testifying before the court in Manhattan, Yanes said he lives with excruciating pain and a permanently disfigured body. According to the teacher, she performed the experiment correctly although safety experts testified that pouring the methanol from a beaker instead of directly from a jug could have prevented the disaster.

December 21, 2019

Government Report Shows Illegal Construction Rampant in New York

by Law Offices of Thomas L. Gallivan, PLLC

A new government report on the construction industry shows serious defects in compliance across the state. Released by Senator James Skoufits, he says the report shows that, “Firefighters are going to die. Tenants are going to die if the state and local officials do not start prioritizing code enforcement.” According to the Senator’s ‘bombshell’ report, the problems with regulating the industry are widespread and involve everyone from the executive branch to the local municipalities.

Released in August 2019, the report details serious dangers with the state’s construction industry. According to NBC New York, the report specifically faults: