Syracuse Injury Lawyer Blog

Syracuse work injury lawyer Anthony S. Bottar, Esq., was consulted on Friday by the Binghamton Sun in connection with the June 3 Binghamton New York scaffolding collapse.

News reports indicate that a subcontractor hired by Apple Roofing erected the scaffolding on Binghamton University property. That scaffolding failed and several workers were injured. According to Mr. Bottar, whose practice is limited to representation of those catastrophically injured due to construction accidents, medical malpractice, birth injuries, defective products, and dangerous structures/roadways, "[t]he owner and the general contractor are the ones responsible when a scaffold fails and it leads to injury."

NOTE: Because the property is owned by the State of New York, either individually or by and through the Dormitory Authority, there is very little time for the injured workers to act. More specifically, they have only 90 days (from the collapse) to file a document called a Notice of Intention to Claim.

According to Syracuse construction site accident lawyer Michael A. Bottar, Esq., New York State Labor Law section 240 should apply to this case. "The Labor Laws were designed to protect workers by shifting the burden of safety from the worker to those in a better position to ensure safety, such as those with better information about project safety, like the property owner and general contractor(s)."

Attorneys Anthony S. Bottar and Michael A. Bottar can be reached at 1-800-336-5297, or by email at info@bottarleone.com.

A scaffolding erected in Binghamton on June 2, 2010 collapsed yesterday, the first day it was put into use. The scaffolding, which was built alongside a dormitory as part of a multi-million dollar construction project underway at Binghamton University, was intended to be used to elevate construction workers assigned to the project.

According to the Syracuse work injury lawyers at Bottar Leone, PLLC, on June 3, 2010, six Syracuse-based Apple Roofing employees were on the scaffolding platform when it failed. Each of the men fell more than five stories to the ground, suffering severe personal injuries. One worker is in critical condition. OSHA, the organization responsible for investigating work injuries, such as New York construction workers injured in a fall, is reviewing the cause of the Binghamton construction accident.

While it is too early to tell who is responsible for the Binghamton scaffolding collapse, if anyone, there are several entities who could be responsible. By operation of the New York State Labor Laws, specifically section 240, all contractors, property owners, and their agents who are engaged in erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure may be liable for injuries where a construction worker falls from a height due to the lack of proper scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other safety devices.

Our Syracuse workplace accident lawyers, handling Binghamton construction site falls, have decades of experience handling complex work injury claims around the State of New York including, for example, a construction worker injured in the infamous Marcy Bridge collapse (global settlement of $15,650,000.00), a construction worker crushed in a delivery accident ($3,000,000.00), a construction worker injured from a fall inside the Syracuse War Memorial ($2,100,000 jury verdict), and a construction worker injured when an Adirondack mine utility pole collapsed ($1,700,000.00).

Construction site accident cases can be complicated, expensive to prove, and take time. Who you hire to represent you is critical. When you select a lawyer, make sure s/he is properly qualified, with a history of results. To contact the Bottar Leone, PLLC, legal team call 1-800-336-5297, or email us at info@bottarleone.com.

Earlier today, a scaffolding collapsed in Binghamton. Several Syracuse roofers were injured.

Pursuant to the New York State Labor Laws, namely section 240(2), all "scaffolding" or "staging" more than twenty feet above the ground must be equipped with a safety rail or suitable material properly attached, bolted, braced, or otherwise secured, rising at least thirty-four inches above the floor or main portions of the scaffolding or staging. The safety rail must extend the entire length of the scaffolding, with no openings in the platform any larger than necessary for the delivery of materials. All scaffolding must be constructed to hold four times the maximum weight placed upon the scaffolding when it is in use.

While it is too early to determine why the Binghamton scaffolding collapse occurred, there are several potentially liable entities, including the property owner and contractors working on the jobsite. An OSHA investigation is underway.

The Bottar Leone, PLLC legal team has decades of experience investigating, prosecuting and resolving complex construction site accident cases. To discuss you potential case, contact us today at 1-800-336-5297 or by email at info@bottarleone.com.

Johnson & Johnson and McNeil Pharmaceuticals, the manufacturer(s) of several well-known over-the-counter (OTC) children's medications, recently recalled several lots of Infants' Tylenol, Children's Tylenol, Children's Motrin, Children's Zyrtec and Children's Benadryl. According to the company, some of the medicines being recalled "may contain a higher concentration of active ingredient than is specified." Others "may contain inactive ingredients that may not meet internal testing requirements." Still others "may contain tiny particles."

While the risk of harm to consumers is low, if your child got sick after taking Tylenol, you and your child may be entitled to compensation from McNeil and should consider calling a Syracuse product liability lawyer, such as a Bottar Leone, PLLC attorney, to discuss a Tylenol recall lawsuit. According to an FDA report, the recall was prompted by "sloppy" quality control. Debra M. Autor, of the FDA, told the New York Times that "[t]his is yet another example of the need for companies to take full accountability for the quality of their drugs, and the serious consequences that can happen when companies do not do so."

Investigators believe that some of the medications were manufactured with raw ingredients that were contaminated with a still-unknown bacteria. According to McNeill, no product containing bacteria was sold. We believe that McNeill's apparent surprise at the possibility of contamination is suspect, given that it received complaints of foul smelling Tylenol Arthritis Pain caplets in early 2008. Those complaints were not reported to the FDA's Recalls and Shortages Branch until September of 2009.

Continue reading "Syracuse Tylenol Recall Lawyers Report On Potential Bacteria Contamination" »

The departments of Defense and Veterans Affairs recently announced that they are investing additional resources into research, prevention, early detection, outreach and treatment for concussions, post-concussion syndrome and traumatic brain injuries. The goal is to provide better care for service members and veterans suffering from a traumatic brain injury or coping with post-concussion sundrome.

According to Air Force Colonel (Dr.) Michael Jaffee, who recently spoke to the Senate Veterans' Affairs Committee, said that the two departments will coordinate their efforts to better understand brain injuries through clinical trials and published research. One way the departments plan to better treat brain injuries is to implement mandatory concussion screenings for all service members who could have suffered a brain injury due to an accident or incident. Stated differently, everyone at risk for a concussion will be examined for signs of brain damage.

New efforts to diagnose and treat brain injuries will include a multi-disciplinary approach to treatment and, in conjunction with a bill recently signed by President Obama, will enable many service members to receive care at home. Inevitably, better military care will translate into better medical care for civilians, including those who suffer a brain injury in a car accident, or brain damage from a construction site fall.

Continue reading "DOD and VA Research Into Concussions and TBI Welcomed By Syracuse Brain Injury Lawyer" »

Nearly 80 Central New York employers received a letter this week from the Occupational Safety and Health Administration because of high rates of workplace injuries or illnesses. According to Syracuse New York workplace injury lawyers Bottar Leone, PLLC, the letters are intended to notify employers to take action to protect workers injured on the job and to prevent permanent disability from workplace accidents.

Some Syracuse-area employers who received a letter from OSHA include: TAG Mechanical Systems, Inc.; Metalico Aluminum Recovery; Optogenics; Hanford Pharmaceuticals; Cardinal Health; Pepsi-Cola; Estes Express; Berry Plastics; Syracuse Haulers; C&S Technical; Penn Traffic Company; Lowe's Home Centers. Utica-area employers who received a letter from OSHA include: Matt Brewing Company; and Sturges Manufacturing Company. Rome-area employers who received a letter from OSHA include: RPNH, Inc.; International Wire Group; and Conmed Corporation. Oswego-area employers who received a letter from OSHA include: Oswego Wire Incorporated; Golden Sun Bus Service; Loretto-Oswego Residential; and Sunrise Nursing Home. Watertown-area employers who received a letter from OSHA include: Car-Freshener Corporation; Tontarski, inc; and Atlas Health Care. Binghamton-area employers who received a letter from OSHA include:Johnson Outdoors Gear; Methodist HM; and Dons Automotive Mall.

What does receipt of a letter mean? Probably nothing more than an employer's employees missed an above average number of days of work. Possible explanations could include illnesses such as the flu, or accidents due to unsafe working conditions. These accidents may render a laborer unable to work and permanently disabled. In order to secure compensation for serious personal injuries, you may need to hire a Syracuse site construction accident lawyer to file a construction accident lawsuit for nerve damage, or a Utica construction site fall lawyer to file an industrial accident lawsuit for brain damage, a Rome workplace accident lawyer to file a workplace accident lawsuit for complex regional pain syndrome, an Oswego jobsite injury lawyer to file a jobsite injury lawsuit for an amputation, a Binghamton scaffolding accident lawyer to file a scaffolding accident lawsuit for paralysis, or a Watertown falling object lawyer to file a injured worker lawsuit for a concussion.

Continue reading "Central New York Injured Worker Lawyers Review OSHA Letter On Jobsite Injuries In Syracuse, Utica, Rome, Oswego, Watertown & Binghamton" »

Two tractor trailers crashed on the New York State Thruway just north of the city of Utica, in Schuyler, New York (approximately 60 miles east of Syracuse and 200 miles northwest of New York City). Both truck drivers were injured.

According to Utica New York tractor trailer accident lawyers Bottar Leone, PLLC, an eastbound tractor trailer (2004 International) being operated by a Lockport, New York man experienced mechanical problems. The problems caused the tractor trailer to stall in the road at which point in time it was rear ended by a tractor trailer operated by a Tennessee man. After rear ending the back of the first tractor trailer, the second tractor trailer lost control and crashed into trees lining the highway.

The New York State Thruway tractor trailer collision caused the first big rig to spill debris on the roadway, including a load of pallets. The roadway was closed by the New York State Police until the debris was cleared. Both drivers were transported to St. Elizabeth's Medical Center in Utica. No tickets were issued.

Continue reading "Tractor Trailer Crash Near Utica Closes New York State Thruway" »

The New York State Thruway Authority recently announced that 2009 was the safest year in the history of the interstate highway that runs from Buffalo to Albany, through Rochester, Syracuse, Utica, Herkimer and Schenectady.

According to New York State Thruway accident lawyers Bottar Leone, PLLC, in 2009 there were more than 250,000,000 trips on the Thruway and 8,000,000,000 vehicle miles traveled. Despite heavy use, there were only 26 fatal accidents, resulting in 27 motorist deaths. Statistically, there were only .27 fatalities for every million vehicle miles traveled.

According to officials, the low number of New York State Thruway deaths is due, in part, to the Thruway Authority's commitment to highway maintenance and snow removal, including an effort to prevent injuries from bridge and roadway failures. Also responsible for the decline in fatalities was a strong presence by law enforcement. In 2009, the New York State Troopers reported issuing more than 180,000 tickets to Thruway patrons.

Continue reading "New York State Thruway Accidents Down In 2009: 27 Car Accident Deaths" »

A Watertown man was arraigned earlier this week after ramming his vehicle into the side of his wife's car in a parking lot. The crash caused extensive damage to her car. Fortunately, the Fort Drum soldier's wife was not injured in the North Country collision. After he was arraigned in the Town of Watertown Court, he was released into the custody of the Fort Drum military police.

Fort Drum, New York is the home of the 10th Mountain Division - Light Infantry. Fort Drum is the largest employer in Northern New York, providing jobs to more than 16,000 soldiers and nearly 4,000 civilians. Most soldiers and their families reside on or around the base, in areas including Watertown, LeRay, Calcium, Governeur, Philadelphia, Carthage, West Carthage, Clayton, Copenhagen and Lowville.

Continue reading "Fort Drum Car Accident Causes Vehicle Damage In Watertown" »

The New York State Department of Transportation announced last week that a portion of Route 81 within downtown Syracuse, New York, would be closed in order to prevent a car accident on Route 81.

According to Central New York building collapse attorneys Bottar Leone, PLLC, an abandoned building located on the 900 block of North State Street is on the brink of structural failure. Because the building backs up to Interstate Route 81 North, if it were to collapse it may send bricks and other debris onto the roadway. Several northbound lanes of Route 81 North have been closed.

Officials at the NYSDOT stated "[w]e recognize that closing I-81 will be an inconvenience for motorists, but in the interest of public safety, we have no choice but to close the highway until this unstable building is demolished. Detours and signage will help people negotiate the alternate routes until we can be assured that I-81 is safe for travel." The unstable building is scheduled to be demolished next week in order to avoid potential injuries arising out of a roof collapse, or compromised wall or foundation.

Continue reading "Syracuse New York Building Collapse Closes Route 81 To Prevent Car Accidents With Injuries" »

Over the past few months, the Syracuse New York product liability lawyers of Bottar Leone, PLLC, have fielded many calls seeking our help to investigate whether a Toyota gas pedal defect was responsible for a car accident.

Initially, Toyota told the public that gas pedals jammed by defective floor mats were causing accidents and recommended that more than 3,800,000 Toyota owners remove their floor mats to prevent injury. Upon further investigation, Toyota announced that accidents were also being caused by sticky gas pedals and recommended that owners have their cars serviced so that the pedals could be modified. Recalls then soared to 8,000,000 vehicles. Even so, many Toyota critics believe that Toyota has not gone far enough to remedy safety problems with much of its product line. Many still suggest that the real problem is rooted in Toyota's electronics.

It is hard to tell whether Toyota's efforts are genuine. According to a recent press release, Toyota may have saved as much as $100,000,000.00 by negotiating with the National Highway Traffic Safety Administration officials in an effort to gloss over safety defects in many models and prevent massive Toyota recalls due to unintended acceleration. Apparently, Toyota considered its ability to focus NHTSA attention on floor mats, rather than on the gas pedals, to be a "win" for the Toyota "safety group." Toyota's "win," as reduced to writing, was presented to the House Committee on Oversight and Government Reform for review.

While Toyota's future is uncertain, your future may include a lawsuit against the auto giant if you were severely injured while driving a Toyota that experienced unintended acceleration. You may also wish to pursue a lawsuit if you were severely injured while a passenger in a Toyota that experienced unintended acceleration.

Continue reading "Syracuse New York Toyota Gas Pedal Accident Lawyers Comment On Unintended Acceleration Lawsuit Liability" »

A new scaffold design was selected by the City of New York to protect laborers working at a height and appease store owners. According to Syracuse New York construction accident lawyers Bottar Leone, PLLC, a scaffold is a temporary structure built by construction workers to elevate contractors and protect the public from falling objects. In most cases, scaffolding consists of anchors, metal pipes and planks or platforms.

The new design is called "Urban Umbrella." Like the name suggests, the new design resembles an umbrella - only upside down. Opponents to the design complain that scaffolds are already dangerous and it is reckless, at a time when scaffolding fabrication and assembly should be standardized, to encourage form over function. That is, property owners and contractors should be working toward ensuring that support posts are properly bolted to support beams, and that support beams are properly secured to planks, rather than investing time and money into whether scaffolding is pleasing to the eye of building and store owners.

Scaffolding accidents happen every day. All too often because of negligence. Indeed, 25% of laborers injured in a scaffold accident reported that they had never been trained on how to work safely on or from a scaffold. To cut down on New York construction, industrial and workplace accidents, the legislature adopted very specific laws that afford injured laborers compensation for, e.g., falls from a height. These worker protection laws are known as "Labor Laws."

Continue reading "New York Scaffolding Design Selected For Construction Worker Jobsite Protection" »

The United States Consumer Product Safety Commission recently announced a recall by the manufacturer of Pull-A-Long Friends Toucan, Pull-A-Long Friends Alligator and Pull-A-Long Friends Sharky. According to Syracuse New York dangerous toy lawyers Bottar Leone, PLLC, the child toys may present a choking hazard if wooden parts break loose. The relevant lot codes are: 210720GB (Toucan), 210750GB (Alligator) and 210530GB (Sharky).

While kids toys are much safer than in years past, thousands of children are still injured every year while playing with a toy that did not perform as intended, such as when a part breaks off and is swallowed (causing choking), when a tail or attachment is too long and wraps around a child's neck (making it difficulty for a child to breathe), or when lead paint or other potentially toxic coatings chip and are inhaled or ingested by an infant (causing poisoning).

While we are not aware of any manufacturers that intentionally create and sell dangerous products, mistakes do happen. In the majority of cases, dangerous toys are the result of a bad design or poor quality control. Recent toy recalls can be found here.

Continue reading "Pull-A-Long Child Toy Recall Lawyers On Liability For Unsafe Products Sold To Syracuse Children Who May Choke" »

Debris scattered on a highway has caused a crash in Syracuse, New York. According to Syracuse New York tractor trailer accident lawyers Bottar Leone, PLLC, a semi truck struck a 14' high bridge overpass on December 28, 2009, causing the eighteen wheeler's cargo to fall off of the bed of the truck and onto the road. The truck driver drove away after the accident.

Emergency responders at the scene of the New York State Route 690 accident, located near the intersection Midler Avenue, found a driver who had struck debris injured. Another car stopped to avoid debris was struck from behind.

This type of crash is known as a low clearance incident. As many as 5,000 low clearance accidents occur every year, causing more than $100,000,000.00 in property damage and countless personal injuries. While the majority of tractor trailer versus bridge incidents are due to driver error, some low clearance incidents occur because the New York State Department of Transportation, or a county or town government, has failed to properly mark a bridge. Even if properly marked, paint fades and municipalities may have a duty to ensure that tractor trailer drivers are provided appropriate warnings regarding the height of an overpass.

Continue reading "Tractor Trailer Hits Syracuse Bridge Causing Route 690 Crash" »

A Syracuse area man was killed in a snowmobile accident over the weekend. Mr. Beck was riding his snowmobile when he lost control and struck trees along the trial.

As many as 200,000 snowmobiles are sold each year. Most to married men over the age of 42, with one child and a household income greater than $70,000. Most snowmobile owners ride just under 1,000 miles per season. Hundreds of snowmobile accidents occur every season. Most involve collisions with fixed objects, such as trees, cars and embankments. Some accidents are due to operator error. However, snowmobile injuries also arise out of unsafe trails, poor lighting and poorly maintained equipment.

Continue reading "Lewis New York Snowmobile Crash Results In Injury And Death" »