Connecticut Injury Attorney Blog

A freak accident on an elevator in a Midtown Manhattan office building has taken the life of a 41 year-old woman and shocked an entire city. Suzanne Hart died on the morning of December 14, 2011 as she stepped onto the elevator on the way to her job at an advertising firm. With the elevator doors still open, the car suddenly lurched up while she was halfway in. The car stopped between the first and second floors, trapping her between the elevator and the wall and crushing her to death. It took rescue workers an hour to get two other passengers, who suffered no physical injuries, out of the elevator. Hart was pronounced dead at the scene, but her body could not be retrieved until much later in the day.

Elevator accidents are rare but provocative occurrences. New York City boasts more than 60,000 elevators, according to the New York Times, and they are an essential feature of the city's many tall buildings. There were 53 accidents involving elevators in 2011 with three fatalities. The most recent death in an elevator accident prior to this one occurred in September, when a worker for elevator maintenance company Transel Elevator, Inc. fell down an elevator shaft at a building in the Garment District.

Elevators are such a common part of everyday city life that accidents such as these are difficult to imagine, seeming more like something out of a horror movie. In reality, elevators are just one more type of mechanical device on which we rely, but which need regular inspection and maintenance. Much like a car or an airplane, any number of failures could lead to tragedy. A famous story that has already achieved urban legend status illustrates the risks and liabilities. A doctor in Houston, Texas was killed in 2003 when a malfunction caused the elevator doors to close as he entered the car. He was trapped between the doors as the car quickly rose and partially decapitated him. Investigators concluded that a maintenance worker wired the car incorrectly, directly leading to the accident. The doctor's family sued the elevator company for wrongful death and settled in 2004.

Property owners, landlords, and the maintenance companies they employ have a duty to maintain reasonably safe premises, and they could be liable for injuries or deaths that occur if they breach this duty. The investigation into the accident that caused Hart's death is still ongoing, but preliminary reports have indicated that Transel Elevator, the same company that lost an employee in the September accident, was performing electrical maintenance on the elevator car hours before the accident. This is reportedly the focus of the investigation by the city's Department of Buildings. Whatever the specific cause of the accident, it is remarkable because of the seemingly simultaneous failure of all the elevator's safety mechanisms, which are supposed to prevent movement of the car while the doors are open.

Continue reading "Fatal Elevator Accident Shocks New Yorkers" »

A 19 year-old student at Western Connecticut State University died after a hit-and-run accident on Tuesday, November 22, 2011. Dong Lin, a commuter student at the university who resided in Brookfield, was struck by a car around 5:30 p.m. while crossing White Street in Danbury. Police responded to a call at about 5:35 p.m. Lin was later pronounced dead at Danbury Hospital. Police have not announced any suspects or arrests in the case. Both Danbury and university police are reportedly investigating the accident, and have asked any witnesses to come forward. The only available witness description was of a "dark-colored, boxy car." The university is also making additional counseling resources available to its community in the wake of the accident.

Hit-and-run accidents have consequences far beyond the people directly injured or killed. When a person flees the scene of an accident, especially one with a fatality, that person creates further difficulties for both the victims and the authorities. The case could eventually have both criminal and civil components.

The driver, if apprehended, will likely face a charge of "misconduct with a motor vehicle" or "negligent homicide with a motor vehicle," as defined by Connecticut law. The misconduct charge involves "criminal negligence" in operating a motor vehicle that causes another person's death. It is a class D felony with a penalty of one to five years imprisonment. The negligent homicide offense, considered a lesser included offense of the misconduct charge, involves merely negligent operation of a motor vehicle that causes a person's death. It carries a penalty of up to six months' imprisonment. Considering that the driver apparently fled the scene of the accident in this case, a misconduct charge, if not an outright charge of manslaughter, seems likely.

The driver also faces potential civil liability for wrongful death. This is a civil claim brought by the heirs of someone who died as a result of another person's illegal or negligent conduct. Unlike a criminal case, which is brought by the state and seeks to punish the defendant, a wrongful death claim seeks financial compensation for the loss of the decedent's support and companionship.

Continue reading "Connecticut College Student Killed in Hit and Run Accident" »

An equipment malfunction may have caused a U-Haul truck to crash into a tailgate party outside the Yale University football stadium, killing one person and injuring two more, according to the truck's driver. Police are still investigating the crash and its possible causes. For a personal injury lawyer, the case presents the critical question of who could be held liable for the crash, and in this case it is not yet clear.

The crash occurred Saturday, November 19, 2011. The truck, driven by a Yale junior, was on its way to a fraternity tailgate party outside the football stadium when it suddenly swerved and sped up, veering into a crowd and hitting three women attending another tailgate party. A 30 year-old woman from Salem, Massachusetts was killed. Another victim was taken to a nearby hospital in serious but stable condition. A third victim received treatment for minor injuries.

New Haven police took the driver of the U-Haul to police headquarters and administered a standard field sobriety test. The driver reportedly passed the test, and he was released from police custody. No charges have been filed against him. Two passengers were also reportedly in the truck at the time of the crash, but neither was detained by police.

Police impounded the truck, a Ford F-350 with a V-10 Triton engine, in order to preserve it for inspection. The Yale Daily News interviewed several individuals with knowledge of this model of truck regarding the claim of some sort of vehicle malfunction. Some F-350 models apparently have closely-spaced gas and brake pedals, for example, leaving the possibility that a driver could accidentally push both pedals, or even just the gas pedal, when intending to brake. The National Highway Traffic Safety Administration has apparently received several complaints regarding this truck model.

Although it is too early to say what claims may arise from this tragic event, a wrongful death claim on behalf of the woman killed in the crash seems likely. This requires proof that someone's negligence directly caused her death. Three possible defendants present themselves, depending on how the investigation turns out: the driver of the truck, the truck rental company, or the truck's manufacturer. No evidence yet available supports a specific negligence claim against any of the actual people or businesses involved in this case, so of course this analysis is purely hypothetical.

Continue reading "Fatal Crash at Connecticut Tailgate Party Leaves Liability Questions Unanswered" »

A construction worker died from injuries sustained in a fall at a Stamford work site on October 25, 2011. The man was reportedly installing a roof at the new Chelsea Piers sports complex. In gusty wind conditions, and without wearing a safety harness, he fell 50 feet to his death around 1:00 p.m. Two of the man's brothers were present at the worksite when he fell. Emergency responders said that he was unresponsive when they arrived at the scene.

The Occupational Safety and Health Administration (OSHA) has shut down the site pending an investigation into the accident. The roofing project at Chelsea Piers is being overseen by contracting firm American Building Group. The Stamford Advocate notes that American Building Group has a history of OSHA investigations over the past several years, including violations related to scaffolding in 1999 and 2005. An August 1999 inspection led OSHA to cite the company for problems with scaffolding, electrical systems, and a shortage of personal protective equipment. It fined the company $5,400 for six violations. In 2005, OSHA fined the company $7,050 for scaffolding and heavy equipment problems. The most serious violation came in 2006, when OSHA found that the company had not adequately protected workers at an excavation site and fined the company $20,000.

Since the investigation by OSHA is still underway, it is premature to do any more than speculate on how liability may ultimately be apportioned in this case. Key questions involve the employment relationship between the worker and the general contractor, the involvement of other subcontractors in any conditions leading to the accident, and negligence on the part of the worker that might offset a contractor's liability. The answers to most of these questions are not known, either because investigations are underway or information is not available from the media. Still, they are worth exploring.

Continue reading "Connecticut Worker Dies in Construction Accident" »

Labor Day weekend is one of the busiest of the year in terms of auto travel, resulting in a heavier police presence on Connecticut roads, and increased speeding and other traffic citations.

Unfortunately, the increased traffic volume also results in a larger number of Connecticut auto accidents.

One particularly tragic case reported today in the media involved two fatalities in a car accident early Saturday morning on the Merritt Parkway in Norwalk.

Continue reading "Fatal Norwalk Connecticut Auto Accident Mars Labor Day Weekend" »

Last weekend, a woman from Yonkers water skiing in a lake near Newton, Connecticut, was killed when her line got tangled in the propeller of the boat towing her.

The victim was taken to a hospital in Danbury Hospital where she was pronounced dead.

While the full details of how this accident unfolded were not reported, the tragedy reinforces the importance of following important safety precautions while water skiing - a popular sporting activity during the summer.

Continue reading "Water Skier Killed in Connecticut Boating Accident Last Weekend" »

Consumers in Connecticut and other States who purchase generic drugs instead of brand name prescriptions have had an important legal remedy taken away as a result of a ruling just issued by the United States Supreme Court A divided Court has ruled that those injured or killed by generic brand prescription drugs because the product warnings were inadequate to explain and articulate the risks of taking the medicine can no longer sue the manufacture for damages. A wrongful death or Personal injury claim could still be brought it would appear if the drug were manufactured defectively or designed improperly in a situation where either of which circumstance caused harm. However, if there was simply inadequate information disclosed within the product literature to somebody who went into a CVS pharmacy store in Hartford, for example, resulting in their consuming the drug and suffering harm, their legal remedy now has disappeared against the manufacturer and likely the seller of the generic drugs. Since almost 75% of all prescriptions sold are generic( and cheaper than brand name equivalents) this is a big deal to the consumers.

Continue reading "Generic Drug Manufacturers shielded from Product Warnings Liability" »

One can hardly doubt that persons who have sustained serious work site injuries, some that have led to their Death, by their pursuit of lawsuits beyond the mere assertion of workers compensation claims have fostered awareness and safety for many. The Triangle Shirtwaist Factory Fire that occurred in the year 1911 was one of the most tragic industrial accidents in U.S. history. 146 workers lost their lives, many were young female immigrants.
The factory conditions were so deplorable and unsafe that a criminal investigation and charges were filed but the owners of the Factory were acquitted. However, they were sued for civil damages-monetary compensation for those that lost their lives and brought wrongful death claims which they won. The American Society of Safety Engineers(ASSE) was also founded, in part, because of this event and made efforts to bring attention to the horrid conditions which the workers were having to work in.

Continue reading "Safety In The Work Place- " »

For the surviving family members of someone killed in a car accident, construction site mishap or any other situation where the fault may lie with another Entity or Individual there is often a knowledge gap about what to do. In Connecticut, an individual that has died is no longer a recognized legal entity. Rather, it is their Estate which may act through an individual appointed by a Probate Court commonly referred to as an Administrator or Executor. The Probate Court system is accessible and the clerks are generally knowledgeable and sympathetic with a desire to assist those who have experienced such a loss. Accordingly, it is usually a very good idea to have a responsible family member appointed as the Adminsitrator, often times the Executor named in the Will should that exist is a good candidate for this position of Trust.

Continue reading "Wrongul Death- A To Do List" »

In Connecticut and throughout the Northeast Automobile accident statistics confirm that fewer people lost their lives last from automobile roadway and highway accidents. According to the U.S. Department of Transportation, Secretary Ray LaHood, "the number and rate of traffic fatalities in 2010 fell to the lowest levels since 1949, despite a significant increase in the number of miles Americans drove during the year." Secreatry Hood also stated that "Still, too many of our friends and neighbors are killed in preventable roadway tragedies every day. We will continue doing everything possible to make cars safer, increase seat belt use, put a stop to drunk driving and distracted driving and encourage drivers to put safety first."

Continue reading "Auto Accident Death Statistics NO Comfort " »

The immediate goal of initiating a lawsuit where governmental or Industry standards have been deviated from is obviously to compensate the unfortunate victims injured as a result. What may not be so obvious, however, is that in addition to providing remedies to those who have been injured, the evolving body of standards and practices recognized by governmental bodies and industry standards setting organizations benefits society as a whole, in that litigation premised on these principles often serves as a vital force for change, resulting in safer products, improved warnings, better regulation of work sites , and greater public awareness of the hazards. Over the last fifty years litigation involving these principles has caused significant changes in the way manufacturers do business and in the way businesses run their companies and regulate the safety of their own work environments. In the process, these changes have saved lives here in the United States and abroad, and prevented countless injuries.

Continue reading "Private Lawsuit Enforcement of Government and Industry Standards- " »

Investigating and pursuing truck accident claims involves both traditional methods of accident investigation and Legal Discovery with Federal Law and regulations that may affect the outcome of the lawsuit. Unfortunately, given the size and mass of Trucking rigs on our roads, resultant collisions with passenger cars are often tragic, yielding all manner of fatal injuries, Brain injuries, serious fractures and paralysis. Common experience and statistics detailed below bear this point out. What is not so commonly understood nor intuitively obvious is the impact that Federal law has on regulating the conduct of commercial Trucking operators and therefore, the Discovery needs of Plaintiff's lawyers litigating such claims on behalf of injured clients or the Estates of those who did not survive such accidents.

Continue reading "Trucking Accident Claims" »

The construction accident death of a young man , struck by a steel Beam that fell upon him which had not been properly secured into its concrete pocket was initially invested by Federal OSHA last year. OSHA rendered findings that would support a finding of negligence on the part of the Builder MJM Carpentry. A deeper level of investigation, however, conducted by the Estate of the Decedent's Legal Counsel, Law Offices Of Paul Levin, has now resulted in the imminent filing of a Lawsuit against the general contractor along with the Developer and related individuals associated with the decision and profit making enterprise.

Continue reading " Construction accident Death in Farmington CT leads to Wrongful Death Lawsuit" »

The construction accident death of a young man , struck by a steel Beam that fell upon him which had not been properly secured into its concrete pocket was initially investigated by Federal OSHA last year. OSHA rendered findings that would support a finding of negligence on the part of the Builder MJM Carpentry. A deeper level of investigation, however, conducted by the Estate of the Decedent's Legal Counsel, Law Offices Of Paul Levin, has now resulted in the imminent filing of a Lawsuit against the general contractor along with the Developer and related individuals associated with the decision and profit making enterprise.

Continue reading " Construction accident Death in Farmington CT leads to Wrongful Death Lawsuit" »

In Theory, every work related injury should be documented in a timely manner by one's employer and there should be minimal dispute about whether an injured worker in Connecticut is entitled to Workers compensation benefits. In actuality though disputes about vocational injuries and disease , are often defended and administered by insurance companies and administrators in a manner which necessitates early retention of lawyer in order to obtain the benefits due and maintain entitlements to same throughout the life of the claim. The concept of a no fault based system of compensating injured workers appears to have its origin in Germany in the early 19th centruy. This development coincided with the advent of the industrial revolution which brought dangerous new workplaces into existence such as railroads, factories, mines and modern construction and engineering worksites. This in turn led to accompanying increases in injuries, deaths and new work-related diseases. The concept soon spread to other European countries and eventually the United States of America. Today, virtually every state has some type of workers' compensation system with the essential objective of providing a prompt mechanism of payment to an injured worker for medical bills, lost wages and longer term compensation for the impact of permanent loss of function to particular body parts. A worker inured in Connecticut does not assume the risk of injury and may receive benefits even if the injury was brought about as a result of their own carelessness. The test is whether the injury arose out of and in the course of employment. There are a few exceptions to this general rule and it is best to check with a Firm that handles workers compensation law to be on the safe side.

Continue reading "Connecticut Workers Compensation Overview" »