Syracuse Injury Lawyer Blog

After a long winter, the sun is finally warming Central New York. Residents in Syracuse, Oneida, Oswego, Cortland, Ithaca, Auburn and Watertown will soon be spending much of their time outdoors, whether golfing, boating, biking, running, skateboarding, or rollerblading.

According to the Brain Injury Association of America, Syracuse-area residents and their children should remember to obey the rules of the road and wear a properly fitting helmet. A $20 helmet that fits properly and is worn properly can reduce the risk of brain injury and brain damage by nearly 90%. Choosing the right helmet and wearing it the right way are critical.

To avoid a traumatic brain injury or concussion, remember:

1. Helmet straps should form a "V" under the ears.
2. Chin straps should be connected and snugged. No more than one finger width of space should separate the strap from the chin.
3. Helmets should be worn on the forehead no more than two finger-widths from the eyebrows.
4. Helmets should not move side-to-side (laterally).
5. Helmets should match the sport. That is, a helmet designed for rollerblading should be worn for that sport, not for softball.
6. Helmets should be inspected for damage.
7. Helmets with cracks or other visible damage should not be worn.
8. Children should wear helmets whenever practicable. In the State of New York, all bicycle riders under age 14 must wear a helmet.

Continue reading "Brain Injury Accident Avoidance Tips For Central New York" »

Several different brands of children's face paints have been recalled due to "adverse reactions." The paints were recalled following a release from the Food and Drug Administration, which reported complaints of rashes, irritation and swelling where the paints were applied to children's faces. According to reports, the paints contained high yeast and mold counts.

Fun Express, Inc., recalled the paints. Fun Express is a wholly owned subsidiary of Oriental Trading Co. The paints were made in China by Shanghai Color Art Stationery Company, Ltd. The recalled product numbers are:

85/2077 (blue)
85/2078 (purple)
85/2079 (red)
85/2080 (orange)
85/2081 (black)
85/2082 (green)

Continue reading "Unsafe Products Sold In Syracuse Recalled By FDA" »

A product liability trial arising out of an alleged custom motorcycle defect begins today in the United States District Court for the Northern District of New York. The plaintiff's claims against the defendant, a California-based company with a worldwide distribution network, include defective design, defective manufacturing, inadequate warnings, breach of warranty and negligence. The Honorable David E. Peebles, United States Magistrate Court Judge, will preside over the trial, which is expected to last two weeks.

The plaintiff in the lawsuit captioned Marcus J. (Marc) Mathews v. Big Bear American Made Choppers, Inc. (Case No.: 5:04-cv-1206), is a forty year old resident of Solvay, New York. He is represented by Anthony S. Bottar and Michael A. Bottar, of the Syracuse, New York law firm of Bottar Leone, PLLC.

According to the complaint, on June 13, 2004, the plaintiff was riding his three month old Venom ProStreet motorcycle in Alton, New Hampshire when the front fender assembly failed causing the nearly 10 pound fender to come into contact with and lock the front tire of the motorcycle. The plaintiff then lost control of the motorcycle, crashed into another motorcycle, and was thrown into a ravine where he sustained severe arm and leg injuries. After more than two years of surgeries, the plaintiff's right leg was amputated above the knee.

According to court records, the Alton Police Department, with assistance from New Hampshire State Troopers, conducted an investigation after the accident which revealed that two of the four ¼"-20 screws intended to hold the motorcycle's front fender to the bike had fallen out prior to the accident. Eye witness accounts, a tire imprint on the underside of the front fender, and a distinct skid signature left on the roadway led the police to conclude that a defect in the motorcycle caused the accident.

After three years of discovery, the plaintiff's attorneys claim that Big Bear American Made Choppers had actual or constructive notice, more than one year prior to the plaintiff's accident, that the method it selected to attach the Venom's front fender to its lower legs was inadequate.

Continue reading "Syracuse Motorcycle Defect Trial Begins For Permanently Disabled Amputee" »

A building located at the corner of North Townsend Street and Union Avenue, in downtown Syracuse, New York, collapsed today without explanation. The structure, which may have been undergoing construction or renovations, is located next door to St. Joseph's Hospital Health Center. No injuries were reported. The fire department is investigating.

Continue reading "Syracuse Building Collapse Adjacent to St. Jospeh's Hospital Health Center" »

Highway and roadway work zones, which are the areas along many Central New York Roadways now marked by orange cones and hazard signs, are dangerous for all involved. Hundreds of car accidents occur every year in and around work zones. Many of those accidents are driver vs. driver, such as when one operator fails to slow for a work zone and rear-ends another driver. Others are driver only, such as when an operator loses control of his or her car because of construction underway at a work zone, e.g., a pavement drop off.

A handful of accidents are driver vs. construction worker, such as when a careless operator strikes a construction worker performing his or her job along the side of a roadway. Last year, there were 18 work zone related accidents - three construction workers lost their lives. A fatal work zone accident occurred in Chenango County in 2005, when a tour bus operator drove crashed the bus into a work zone and killed three construction workers.

According to the New York State Department of Transportation and the New York State Police, work zone accidents are avoidable if drivers pay attention. Under the Work Zone Safety Act of 2005, Troopers are strictly enforcing work zone speed limits to ensure that construction workers, who are responsible for maintaining our roadways, return to their families at the end of each day. The Act increased penalties and fines for work areas throughout New York State. As few as two violations can result in a New York State license suspension.

From the New York State Department of Transportation website, please remember to slow for work zones, obey posted speed limits, maintain safe distances between you and other drivers, maintain safe distances between you and construction workers, and be courteous.

Continue reading "Work Zone Accidents Are Top Priority For New York State Troopers and DOT" »

According to the Post Standard and a recent study conducted by the SUNY College of Environmental Science and Forestry, lead levels were elevated in the dirt from all but one Syracuse-area garden tested. The gardens tested around Syracuse include: Isabella Street Community Garden, West Newell Street Garden, Avery Avenue Garden, Lipe Art Park, Wescott Garden, Townsend Garden.

Many of the gardens, which are located on the City's north and south sides, are maintained by resident gardeners who have worked for years in the dirt and soil. These residents, who today learned that they may have been exposed to lead and other toxic chemicals, are understandably upset. Especially as, according to the study, the City of Syracuse may have been once source of the contamination.

Normal lead levels are 40-50 ppm. The levels in the gardens tested ranged from 46-820 ppm. More disturbing was the fact that the arsenic levels were even higher. Normal arsenic levels are 0.4 ppm. In all but one garden tested, the levels were 8-17 ppm. Possible sources of the lead contamination include roadway runoff laced with pre-1986 lead gasoline additives, lead-paint from homes, and topsoil trucked by the City to the gardens - topsoil which the City collected from Syracuse-area yard waste. The arsenic contamination like came from decomposing pressure-treated wood and/or pesticides.

Chemicals in the gardens is a cause of concern for many, as dozens of residents have worked the soil for years. Some of the gardens have also been used to grow food. Without proper precautions, lead and arsenic can be absorbed by the body through contact.

There is no safe level of exposure to lead or paint. Lead exposure can make adults sick and can cause permanent neurological and brain damage in children. Arsenic exposure has been linked to damage to the circulatory systems as well as cancer.

The Post Standard quoted Mable Wilsonm founder of the Newell Street Community Garden, as saying that "[i]t feels like environmental discrimination. This is our community. You are tearing it down. At least put down good soil."

Continue reading "Syracuse Lead Lawyers On Toxic Contamination Of Community Gardens" »

A big rig rolled over on Route 17 yesterday on State Route 17 just before the Apalachin exit. The tractor trailer driver crashed while he was attempting to avoid a deer in the roadway. While the driver was not injured, traffic was delayed in both directions which the scene of the accident was cleared.

According to the National Center for Statistics and Analysis, more than 25% of tractor trailer drivers involved in fatal crashed (in 2004) had one or more prior speeding convictions. Nealy 10% has a prior license suspension or revocation. Seven percent of truck drivers had a previous license suspension or revocation. While most trucking companies due diligence when hiring employees, unscrupulous trucking companies intentionally hire truck drivers with blemished records in order to save costs. Should an accident occur, the trucking company and the driver may be accountable.

Continue reading "Tioga Tractor Trailer Rollover Delays Traffic On Route 17" »

The Syracuse chapter of the Brain Injury Association of New York State recently announced that it will hold its Fourth Annual Golf Classic on June 25, 2009, at Turning Stone. Cost to enter the tournament is $200 per player - proceeds to go to the Syracuse chapter of the Brain Injury Association.

Continue reading "Syracuse Brain Injury Chapter Schedules Oneida Turning Stone Fundraiser" »

An M&T truck driver was critically injured yesterday when a tractor trailer tire burst and struck him in the face and head. According to the Watertown Daily Times, the driver was waiting at the M&T garage while a mechanic filled the tire to 120 pounds and, following OSHA guidelines, placed the tire in a cage for approximately two hours. After the tire was removed from the cage, but before it was placed on the tractor trailer, the driver re-checked the pressure. At that time, the tire exploded. The driver, who was knocked unconscious in the explosion, was transported by South Jefferson Ambulance to Upstate Hospital in Syracuse where he is receiving treatment for head and face injuries.

Police believe that the tire exploded because the bead around the rim of the tire had not sealed. The accident is under investigation by the Occupational Safety and Health Administration (OSHA).

According to the National Highway Transportation and Safety Administration, more than five hundred non-crash related car fatalities occur each year. The number nine cause of death on the list is tire explosions. Also on the list are carbon monoxide poisoning, vehicle fires, hyperthermia, hypothermia, vehicle window asphyxia, electrocution, and drowning.

Continue reading "Jefferson County Truck Driver Injured In Tire Explosion Under OSHA Investigation" »

A Syracuse woman has filed a product liability lawsuit against Mentor Corporation, the manufacturer of ObTape - intended to combat stress urinary incontinence. Her doctor suggested that she undergo a simple procedure to plug the leak by surgically inserting a "sling" under her urethra.

After the procedure, the leakage stopped. However, the woman began experiencing a bloody vaginal discharge. It turns out that the discharge was caused by the sling, composed of a mesh-like material, was working its way through her vaginal wall. Since the sling penetrated the vaginal wall, the woman has undergone five operation to remove small pieces of the sling. Future surgery will be necessary.

Mentor Corporation was recently acquired by Johnson & Johnson. According to Mentor's attorney, as reported in the New York Times, "[i]t's very unfortunate when anyone reports a complication. That being said, these are complications that are well known, that patients are warned about, and are inherent to a surgical procedure that has helped thousands and thousands of people live a better life."

Hundreds of adverse events associated with ObTape have been reported and lawsuits are cropping up around the country. Many experts believe that the ObTape sling was too dense and that it was rushed trough the F.D.A. approval process.

Continue reading "Syracuse Product Liability Lawsuit Filed Against ObTape Manufacturer" »

An unidentified youth was injured on Sunday while operating an ATV at the Utica Rome Speedway in Vernon. According to the Utica-Observer Dispatch, the youth was injured when the ATV's tie rod broke, ejecting him from the four-wheeler. He was then struck by the ATV and was transported to St. Elizabeth's Medical Center for treatment of his injuries.

ATVs are dangerous. From 1982 through 2007, ATVs have been associated with 333 deaths in the State of New York. New York has laws for the use of ATVs, including a requirement that ATV riders wear a helmet, no passengers unless the ATV is designed for a passenger, no one under 10 years old may ride or operate an ATV, and ATVs may not be operated on highways.

Continue reading "Utica Rome Speedway ATV Accident Injures Oneida County Youth" »

Earlier today, the Syracuse police responded to a tractor trailer accident on Route 690, near Teall Avenue. According to News 10 Now, a car and tractor trailer crashed just before 2:00 p.m. There were no serious injuries. Shortly after the tractor trailer crash, a second accident between a mini-van and car occurred on nearby Bridge Street, at the Rouet 690 westbound on-ramp. Dewitt police responded to the latter accident.

Continue reading "Route 690 Tractor Trailer Crash Causes No Serious Injuries To Syracuse Residents" »

Last week, a lawsuit was filed in St. Lawrence County on behalf of the family of an 80 old woman killed when the ambulance transporting her to Fletcher Allen Health Care in (Burlington) Vermont crashed. While en route to the hospital, the ambulance slid off of a snow-covered roadway. The lawsuit seeks damages from Seaway Valley Ambulance and the driver.

Continue reading "Ambulance Crash Lawsuit Filed For Wrongful Death Of Massena Woman" »

Following a 2002 accident in which the driver of a car committed suicide by pulling the car into oncoming traffic and directly into the front of a Volvo tractor trailer, the tractor trailer company has filed a property damage lawsuit seeking nearly $88,000 in damages. The car driver left a suicide note. The St. Lawrence County Coroner determined that the accident - which occurred on Route 37, near County Route 14 - was a suicide.

Continue reading "St. Lawrence Tractor Trailer Accident Lawsuit Filed Against Canton Widow" »

New York State Senator Kirsten Gillibrand introduced legislation on Wednesday to protect Syracuse babies, and young children throughout the State of New York. The legislation, titled the Safe Baby Products Act, is intended to combat toxins and carcinogens in common products used on children, including shampoo and lotion. A recent report suggests that dozens of bath products, perhaps including those produced by Johnson & Johnson, may contain cancer-causing agents such as 1,4 dioxane and formaldehyde.

The Safe Baby Products Act will assist the Food and Drug Administration with investigations into chemicals found in foods and products. The results of the those investigations will also be public. According to Albany-based Gillibrand, "[t]he good news is we don't know they're bad yet. All we know is that they have trace amounts of these chemicals that are known probable human carcinogens and irritants, and so we need to have the FDA do the test and tell us, are these levels safe, are these products safe, and do we have to worry."

Under the Safe Baby Products Act, if a product is deemed unsafe, the FDA will have the power to create manufacturing guidelines to prevent dangerous products from harming young children.

Continue reading "Albany New York Senator Introduces Safe Baby Products Act To Reduce Dangerous Bath Toxins " »

The Food and Drug Administration announced on Thursday to doctors around the country, including those purchasing and administering Botox in Syracuse and Central New York, that stronger product injury warnings must accompany Botox.

The FDA has instructed producers of Botox to ensure that boxes of the neurotoxin warn of the risk of side effects which may spread far beyond intended paralysis at an injection site, including difficulty breathing, trouble swallowing and blurred vision. Since 1997, there have been more than 650 adverse reactions to Botox, including 16 deaths.

A black box warning is the FDA's strongest warning and is intended to signify a significant risk of danger. Like it sounds, a black box warning is contained within a black box. White text contrasts with the black box to ensure maximum visibility. Products that must have a black box warning and risk evaluation and mitigation strategy include: Botox, (botulinum toxin type A), Botox Cosmetic (botulinum toxin type A), Myobloc (botulinum toxin type B), and Dysport (abobutulinum toxin A).

Continue reading "Syracuse Product Injury Alert - Botox Boxed Warning Label Ordered By FDA" »

It is well known that car accidents are the single greatest cause of death in young adults age 16 to 24. To combat motor vehicle deaths, six Syracuse-area high schools received traffic safety lessons today at Onondaga Community College. This is third year that the one-day session has been held to teach Syracuse teenagers about driver safety and the consequences of speeding, drinking while driving, and not wearing a seatbelt. The session included an a mock DWI accident, a mock rollover accident, and a mock accident in which a severely injured driver and passenger were airlifted for medical care.

Continue reading "Onondaga College Hosts Car Accident And Safety Fair For Syracuse Teen Drivers" »