Articles Posted in Personal Injury Law

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2020 was the deadliest year for traffic crashes in New York City since Mayor Bill de Blasio introduced his Vision Zero plan in 2014, according to a recent report by the New York Times. There were at least 243 deaths in traffic crashes in the city last year, despite a downturn in actual traffic during the Covid-19 pandemic. As the Times report observes, this spike was at odds with historical trends, in which “Economic downturns and reduced congestion typically lead to fewer fatal crashes.”

During the pandemic, however, there was an increase in reckless driving, as motorists went over the speed limit on sparse turnpikes, drag-raced, and rode motorcycles. As such, there was a stark increase in driver, passenger, and motorcyclist deaths over the last year, from 68 in 2019 to 120 in 2020. Pedestrian fatalities fell, according to the Times, while bicyclist fatalities remained steady. Continue reading

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Experts have expressed concerns that pressure injuries, also known as bedsores, have risen with the spike in hospitalizations during the Covid-19 pandemic. As such, according to a new report in USA Today, “hospitals are putting extra focus” on preventing bedsores, which more than 2.5 million people suffer from each year, according to a the National Pressure Injury Advisory Panel estimate, and which kill more than 60,000 people annually.

Pressury injuries involve “localized damage to the skin or underlying soft tissue,” the report states. They often occur over “a bony area or from a medical device,” when the area experiences either “intense” or sustained pressure, or both. A pressure injury may simply involve a light abrasion of the skin, or an open wound. Continue reading

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Eight lawsuits have been filed against local Boy Scouts of America councils in Arizona, alleging that scout leaders “sexually abused children dating back decades,” according to a report by the Associated Press. The lawsuits about decades-old allegations are possible thanks to a state law implemented last year that allows victims of child sexual abuse to sue their alleged abusers “and any churches, youth groups or other institutions that turned a blind eye to the abuse” until their 30th birthday.

An attorney representing claimants in the eight Arizona lawsuits told the Associated Press that he expected “to file four more in the state” by the end of 2020. He alleged that the Boy Scouts of America “systematically failed to keep sexual predators who were Scout leaders from preying on children.” Another attorney told the Associated Press that he expected his organization, Abuse In Scouting, would file as many as 300 lawsuits against Arizona by the end of the year. Continue reading

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Newly released federal data indicates that in 2019, vehicular crashes and injuries rose while pedestrian and cyclist fatalities fell. StreetsBlog, a website covering transportation issues and pedestrian safety, suggests that this data reflects “that doctors are getting better at saving lives after collisions while our streets remain as dangerous as ever.”

According to data released by the National Highway Traffic Safety Administration, in 2019 there was a total of 36,096 deaths resulting from  vehicle crashes, down from 36,835 in 2018. There were 630 fewer passenger vehicle occupant fatalities; 169 fewer pedestrian fatalities; 25 fewer pedalcyclist fatalities; 568 fewer alcohol-impaired driving fatalities; and 813 fewer urban fatalities. Continue reading

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A new analysis by Construction Dive details research showing “that construction workers had the highest positivity rates for asymptomatic cases of any occupation, including healthcare staff, first responders, correctional personnel, elderly care workers, grocery store workers and food service employees.”

The research was completed by Curative, a “testing firm”, in Los Angeles from August to October, according to the report, and consisted of giving people who tested positive for Covid-19 a questionnaire that inquired about their profession. It ultimately showed that construction workers “had a positivity rate of 5.7% for individuals who were asymptomatic, and 10.1% for those with symptoms, according to the study.” Continue reading

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A lawsuit filed last month by New York Attorney General Letitia James alleges that the Roman Catholic Diocese of Buffalo, as well as three bishops associated with the Diocese, participated in the coverup of child sex abuse by its priests. According to the New York Times, the lawsuit represents the state’s first legal action against the Catholic Church since it launched a series of investigations into allegations of abuse in 2018.

The lawsuit alleges that the Diocese “and its two former top leaders… used bureaucratic maneuvers to shelter more than two dozen priests accused of harming children.” The bishop’s names are Richard J. Malone and Edward M. Grosz. In a statement released in connection to the lawsuit, the Attorney General said, “For years, the Diocese of Buffalo and its leadership failed to protect children from sexual abuse… Instead, they chose to protect the very priests who were credibly accused of these atrocious acts. Individuals who are victims of abuse deserve to have their claims justly and timely investigated and determined, and the Buffalo Diocese refused to give them that chance.” Continue reading

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On August 14, 2019, a New York state law took effect allowing adult survivors of child sex abuse to file lawsuits against their alleged abuser despite an expired statute of limitations. This look-back window was extended by Governor Andrew Cuomo earlier this year in light of the Covid-19 pandemic, allowing victims an additional year to file such claims. Survivors of child sex abuse now have until January 14, 2021 to file their claims.

Prior to the passage of  the look-back window law, New York citizens could either file a civil lawsuit or bring criminal charges against their alleged abusers until they were 23 years old. As an advocate who helped shape the new legislation told NPR last year, the look-back law “raises the age for criminal charges to age 28 and the age at which someone can bring a lawsuit until age 55.”Asked why it took so long for the law to get passed, the advocate, Ariel Zwang, attributed the delay to “powerful and entrenched interests” who have protected abusers, including “religious institutions” like the Catholic Church and “youth-serving organizations” like the Boy Scouts of America. Continue reading

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A recent report by the New York Times details some of the sex abuse claims filed against the Boy Scouts of America. As part of the organization’s bankruptcy proceedings, the organization has encouraged victims of sexual abuse to file claims against it, and will settle an undetermined amount of these claims via a compensation fund of an undetermined size. More than 80,000 claims were filed by a November deadline, though survivors in states like New York may yet be able to file claims against local chapters of the Boy Scouts.

The claims that have been filed so far involve alleged conduct in ever state, as well as alleged cases in military bases overseas, such as in Japan and Germany. According to theTimes, “the accusers range in age from 8 to 93,” and while a majority of men, some claimants are women. As the Times explains, the Boy Scouts of America was established in 1910 and received a congressional charter in 1916. It is currently attempting to reorganize through Chapter 11 bankruptcy. While it had around 5 million members in the 1970s, it currently has about 2.2 million members. Continue reading

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Almost 90,000 sexual abuse claims were filed against the Boy Scouts of America in advance of a filing deadline last month. The claims, made in connection with the organizations bankruptcy proceedings, will be vetted, with an undetermined number to be settled from a compensation fund established during the bankruptcy process. Although that deadline has passed, claimants in New York can still file sexual abuse claims against local Boy Scouts of America councils, due to state law extending the period in which survivors of sexual abuse can file lawsuits. Continue reading

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The labor union AFL-CIO recently released its 29th annual “Death on the Job: The Toll of Neglect” report. Among other things, the study examines state and national trends in workplace deaths, injuries, and illnesses; safety inspections; penalties and other sanctions issued against workplaces under the Occupational Health and Safety Act; and staffing issues. It also includes information about the Covid-19 pandemic’s effect on workplaces. Continue reading

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