Staten Island, New York Child Injury Lawyer Blog | Brooklyn Child Accident Attorney » Developing Litigation

Parking Lot Sealer – The Next Asbestos?

Frank Dito — Tue, 12 Jan 2010 18:33:55 +0000

MSNBC is reporting today that a recently released study by the United States Geological Survey (USGS) has indicated that coal-tar-based black top sealer contains known carcinogens that are being transported into homes by their residents. As early as 2005, the USGS recognized that coal-tar-based black top sealer, the shiny black coating applied to parking lots and driveways, posed a danger to the environment. Over time, the sealer begins to crumble from car and truck traffic and rain washes these particles into nearby streams and lakes. These particles contain polycyclic aromatic hydrocarbons (PAHs), which are known cancer causing carcinogens. The USGS has recently published a study in the journal Environmental Science and Technology that PAHs are showing up at alarming levels in settled house dust. It appears that the broken down particles are tracked into homes on the bottom of our shoes.

The findings are so shocking that congressman Lloyd Dogget from Texas has called for the outright ban of coal-tar-based sealants. The study found the presence of a PAH known as benzo[a]pyrene in the driveways of two suburban homes at levels thousands of times the level that would have triggered an environmental cleanup at a toxic waste site. The United States has no “acceptable limit” for BAHs but a German standard is exceeded based on testing of the dust in the test houses.

A coal-tar-based industry spokesperson has adopted the ususal approach of calling for more testing before any ban should even be considered. Although not denying that the coal-tar-based sealant is a source of PAHs, the spokeperson went on to state that there are other sources of PAHs, including tires and motor oil. This type of behavior by mega-corporations is what usually leads to a health care crisis down the road after years of prolonged exposure to the chemicals. If companies would quickly accept responsibility and try to resolve this problem, we might be able to avoid years of pain and suffering by citizens exposed to PAHs. No one knew how dangerous asbestos was until it was too late. Do we want to make the same mistake with PAHs?

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Toyota Prius Braking System a Danger?

Frank Dito — Tue, 29 Dec 2009 21:13:49 +0000

Toyota Prius owner web forums are alive with complaints and concerns about the electric car’s braking system. It seems that when applying the brakes, if the car hits a pothole or other rough surface, a sudden loss of braking power results. Many people describe this loss of braking power as a feeling of helplessness. Although some have described the incident as only a sensation and not an actual event, most of the complaints indicate that the car retains its momentum and the stopping distances increase. Although no injuries have yet to be reported, many Prius owners are concerned that their inability to stop their car quickly could cause an accident.

As of today, 33 complaints have been made to the NHTSA website converning the car’s braking system. The complaints are being tracked by the Office of Defects Investigation to determine if an engineering issue exists. Toyota is aware of the NHTSA complaints. Some mechanics believe that the problem is due to the brakes that the Prius has. As the Prius is an electric vehicle, the brakes are much more complex than in a gasoline powered vehicle. In order to squeeze out as much mileage as possible, the Prius uses kinetic energy generated during braking to generate electrical power to recharge the batteries. This regenerative braking occurs when the brakes are first pressed. When more braking power is needed, the braking system switches over to traditional hydraulic brakes. Some experts believe that the delay in switching from regenerative to hydraulic braking is causing the sudden perceived surge in acceleration or increased stopping distances.

Regardless that many feel that it is just a perception of acceleration, the NHTSA has recognized that stopping distances unintendedly increased. This increase in stopping distance ”could be fatal for pedestrians — [if] it happens when approaching stop lights if you hit a pothole” according to an internal NHTSA memo.

The danger has been recognized – when will Toyota act? They have already had significant damage to their reputation from the recent recall of defective floor mats. Are they delaying a possible recall because the financial damage to their reputation would be greater than a potential jury verdict involving a low-speed accident? I hope that Toyota will do the right thing and issue a voluntary recall before someone gets seriously hurt.

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Good Morning America Airs Report about Disability Insurance

Frank Dito — Thu, 19 Nov 2009 20:30:00 +0000

Recently, Good Morning America aired a report about Jack Whitten, a former Walmart employee who suffered a fractured neck in an accidental fall. Mr. Whitten applied for disability benefits under his insurance policy with The Hartford. After filing the claim, Whitten began to receive his disability benefits in 2003. Last year, a claims representative from The Hartford visited Mr. Whitten and his wife at their home. The claims representative produced a video tape of Mr. Whitten going about his daily life. The tape showed him getting out of a van, looking at a magazine and eating salsa and chips at a local restaurant. Soon after, The Hartford stopped his benefits claiming that based upon the videotape and a report from The Hartford’s doctor, who never even examined Mr. Whitten, he was no longer disabled. The Hartford reinstated Mr. Whitten’s benefits after his attorney provided additional information.

This was not the first time that The Hartford terminated benefits. In fact, twice before, The Hartford terminated Mr. Whitten’s benefits. His doctors have declared him permanently disabled. Although The Hartford has apparently agreed that Mr. Whitten is disabled, they are treating him as if he is temporarily disabled. Although he was injured 7 years ago, The Hartford is covertly suggesting “fraud” and attempting to intimidate recipients into foregoing their benefits. When is Mr. Whitten going to be “permanently” disabled in The Hartford’s eyes? Is it fair for The Hartford to constantly reassess the claimant’s medical condition, despite the medical evidence that has already produced and ruled upon? I say no and would like to see more government oversight into the disability insurance area. The disabled person is the least likely to be able to afford an attorney as a major source of income has been taken away. Most companies bet on the fact that the denials will never be appealed because of a lack of money or the fear that they committed a “fraud.”

What The Hartford has done is to lump Mr. Whitten in with those who commit “fraud.” Rocky will forever be equated with the video of a supposedly disabled man carrying a flat of shingles up a ladder or of another man playing all types of sports. Think about the video – would you want that to be your daily life? Was Mr. Whitten working in the video? Was he lifting anything heavy? No he wasn’t so why should he be equated with “fraud?”

The Hartford makes mention of an “Independent Medical Examination” that determined he was able to perform some type of work. Such a medical examination is certainly not independent. In fact, it is anything but. The doctor is hired by the insurance company to evaluate claimants and their injuries. The doctor is paid by the insurance company and will testify on its behalf. Independent Medical Examinations are big business. Doctor’s are intelligent enough to understand that insurance companies really don’t want to pay out on a claim. If they approve every claim, do they really think that the insurance company is going to use their services? The Hartford’s doctor never even examined Mr. Whitten. He made his decision based on medical records – wouldn’t Mr. Whitten’s own doctors be in the best position to determine if he is disabled? The claims process must be regulated as the companies prey on those least likely to be able to shoulder the burden, especially after paying thousand of dollars in premiums.

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Can Auto Insurance Companies “Discount” Basic Benefits?

Frank Dito — Thu, 29 Oct 2009 20:41:37 +0000

With the proliferation of online car insurance, consumers aren’t always aware of what insurance they are getting for their money. Most people I speak with tell me that they purchased their car insurance based upon price alone and didn’t compare the benefits between different policies. Aware of the price competition, insurance companies are doing their best to shave every dollar in order to gain you as a customer. One company in particular, GEICO, has allowed their customers a “discount” for New York Work Loss. This discount, on the policy that I have viewed, amounts to $9.40. What most people don’t realize is that the “discount” takes away certain basic benefits that the New York State Legislature intended you to you receive in the event you were injured in a car accident and could not work.

After I applied for lost wage benefits on behalf of my client, I received a denial based upon my client’s election of the “discount.” I felt that although the client did receive the discount, GEICO couldn’t reach such an agreement without violating the insurance law. Research disclosed a 2002 New York Department of Insurance General Counsel Opinion that addressed the exact question. The Opinion states that “New York State Law specifies the minimum requirements for motor vehicle financial security coverage as a matter of public policy.” Based upon this Opinion, I have filed for Arbitration to recover my client’s lost wages. Besides the, fact that a $9.40 discount cost my client over $12,000, insurance companies cannot be allowed to interfere with the legislatures intent. The benefits enacted as law refers to them as “basic” and as such are legally mandated. The matter is currently in Conciliation with GEICO’s response due by 11/20/09. I will provide updates on this case as they become available.

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Unseen dangers lurking in the pool?

Frank Dito — Mon, 06 Jul 2009 20:23:57 +0000

Based upon the title of this post, most people fear the danger to be some high levels of bacteria present in their community or swim club pool. However, the danger lies not in the water but on the bottom of the pool, in the form of the pool drain. The design of most pools includes a single high-volume drain, with a flat cover, flush to the bottom of the pool. The design allows the human body to obstruct the drain, causing great suction which can hold the person or their hair to the bottom of the pool, sometimes with hundreds of pounds of force. Numerous tragic drownings like this occurred throughout the United States over the last 10 years that have brought the danger to the forefront. In 2007, President Bush signed the Virginia Graeme Baker Pool and Spa Safety Act into law. The law is named after the late granddaughter of former Secretary of State James Baker. 7-year old Virginia died when she became trapped underwater in a swimming pool while at a friend’s pool party. The suction at the pool drain was so great that despite the efforts of two grown men, it took 10 minutes to free Virginia. By that time, it was too late to avoid a tragedy.

The Act mandates that as of December 2008, all public pools and spas meet anti-entrapment safety standards issued by the Consumer Products Safety Commission. The standards require that all pool drain covers be designed to prevent body, limb or hair entrapment. The drain covers on most public pools are flat and flush with the bottom of the pool. If a person blocked the drain, the suction could be amplified, trapping the person underwater with hundreds of pounds of force. The new drains are designed to allow water to continue to flow into the drain, reducing the suction and allowing the person to return to the surface. In addition to the drain covers, public pools must be equipped with automatic shutoff valves or other devices designed to prevent the risk of injury or death associated with pool drainage systems. The Act goes so far as to provide safety standards for the construction of new pools, mandating pool drains that reduce the possibility of drowning.

The Act is absolutely necessary step as drowning is the 2nd leading cause of children under 14 years of age. Despite it’s good intentions, my concern is the enforcement of the Act. As of very recently, many people responsible for public swimming pools were not even aware of the requirements of the Act. Remember, a “public pool” under the Act includes the pool in the Heartland Village, the pool at the Island Swim Club, or even the pool in the Hilton Garden Inn hotel. Staten Island is filled with numerous other pools that fall under the “public” banner but there is no central website to determine if the Act has been complied with. I know of no document that a pool is required to display to certify their compliance with the Act. How do you know if the pool you are entering is safe? The best prevention is to always supervise your children when they are in the pool. Know where the pool drains are located and make sure your children stay away from them. Only a parents ever-vigilant supervision can truly prevent a child from suffering a severe injury or even death.

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Staten Island Ferry loses power and crashes into slip

Frank Dito — Thu, 02 Jul 2009 18:37:02 +0000

Another major Staten Island Ferry accident was likely avoided due to the painful lessons learned from the 2003 crash of the M/V Andrew J. Barberi. Yesterday, the ferry boat John J. Marchi lost power while entering its slip at the St. George ferry terminal on Staten Island. Without power, the ferry was unable to slow down and essentially crashed into the slip and the wooden pilings surrounding it without slowing down. Although 15 people were injured, tragedy was avoided due to the actions of the now ever-present crew members and improved public address systems.

My firm had the privilege of representing a passenger injured in the 2003 crash of the Barberi and much knowledge and insight was learned into the workings of the Staten Island Ferry operations. Before the crash, most deckhands would leave the decks and wait out the ride inside the crew-only spaces. When the ferry slowed down to dock, the deckhands would re-emerge onto the deck and prepare for docking. During the Barberi crash, the ferry never slowed down and the deckhands didn’t know that they were so close to the slip. If the deckhands were on the deck that day, they would have seen that the ferry was fast approaching the dock and could warn passengers to move away from the front of the ferry, where the impact occurred.

Yesterday, those lessons learned were put into action. Deckhands were present on deck at all times and warned the passengers of the impending crash, moving them away from the front of the ferryboat. New loudspeaker systems installed after the Barberi crash warned passengers to “hang on” and enabled many people to brace for the impact. If the new practices were not enacted, I could only imagine how many passengers would have seriously been injured just as I could only imagine how many less people would have been killed or injured if theses common-sense safety rules were followed in the Barberi crash. I am thankful that when faced with hundreds of claims, the City of New York realized that in the interest of safety, changes were needed. Those changes most certainly saved many more passengers from injury yesterday.

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Hylan Boulevard pedestrian improvements a danger to drivers?

Frank Dito — Mon, 29 Jun 2009 20:51:43 +0000

I am sure that most of you have noticed a few more trees in the median on Hylan Boulevard. Along with those trees, the City of New York Department of Transportation has attempted to improve the safety of pedestrians crossing one of the most dangerous streets on Staten Island. The Staten Island Advance has called Hylan Boulevard Staten Island’s version of the “Boulevard of Death.” Hylan Boulevard has claimed the lives of 5 senior pedestrian’s from 2001-2006. One of the most notorious and deadly intersections is that of Hylan Boulevard and New Dorp Lane. The City of New York has recognized the danger posed to pedestrians and has undertaken an ambitious program to protect pedestrians but at what cost?

The City and the DOT have painted new, high-visibility crosswalks, installed fencing to keep pedestrians safely out of traffic, and painted “stop bars” at the start of the intersection to signal to drivers where they should stop for yellow and red lights at a safe distance from the crosswalk. They have also installed heavy metal “bells” in the median, presumably to protect pedestrians who didn’t have enough time to finish crossing the street from the cars streaking along Hylan Boulevard. Unfortunately, the “bells”, which are approximately 2 1/2 feet high and painted black, are most likely isnbatleld below the site line of most cars and so near the road that they are a danger to cars, especially for turning cars. The shape of the “bells” and their location appear to enable cars to ride up and over them, with potentially devastating effects. It is believed that at least one accident was already caused by these “bells” and it is readily apparent from the scuff marks on the bells that numerous cars have hit them already, just a few weeks after they were installed. In order to protect the pedestrians, should driver’s safety be put at risk? The bells need to be removed or redesigned immediately to prevent any further injury or accidents. Although the safety of pedestrians is paramount, driver’s should not be subject to severe injuries in exchange for their safety.

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FDA Announces Recall of Hydroxcut Weight-Loss Supplement

Frank Dito — Fri, 01 May 2009 20:08:58 +0000

The FDA is warning consumers to immediately stop using Hydroxycut products. The Hydroxcut products are associated with serious liver injuries and the FDA has received 23 reports of serious health problems ranging from jaundice to liver damage requiring a liver transplant. Additionally, other problems include seizures, and rhabdomyolysis, which is a type of muscle damage that can lead to kidney failure. One death due to liver failure was reported to the FDA.

Symptoms of liver injury include jaundice, nausea, vomiting, light colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching and loss of appetite. Liver injury was reported by using the recommended dosages.

“The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk” and suggests consulting with your doctor if you are experiencing any of the symptoms.

If you have been injured using Hydroxycut or another defective product, please contact attorney Frank J. Dito, Jr., Esq., at (718) -979-4300 so that you may discuss your legal rights. Remember, your time to do so is very limited so please call today.

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I was hurt on a cruise ship – what should I do?

Frank Dito — Mon, 20 Apr 2009 13:52:12 +0000

The simplest answer is to immediately contact a lawyer! To many client’s surprise, your cruise ship’s ticket package gives you the ability to board the ship but it also takes away some of your important legal rights. In New York State, for example, you normally have three (3) years from the date of your accident to file a lawsuit and you can file that lawsuit in almost any court where you live. Your cruise ship ticket package severely limits your time in which to file a lawsuit against the cruise ship company to one (1) year from the date of the accident. You also are required to bring your lawsuit in the federal or state court’s of Florida, where most of the major cruise ship companies are based, regardless of where you live. Many lawyers are unaware of these unfair provisions contained in the cruise ship ticket package and can cause you to miss out on any potential recovery that you would have made for your injuries. Although unfair, the court’s have upheld these provision as perfectly legal. What it really does is insulate the cruise ship companies, big business to the State of Florida, from the cost of their negligence.

If you have been hurt while on a vacation cruise, please contact attorney Frank J. Dito, Jr., Esq., at (718) -979-4300 so that you may discuss your legal rights. Remember, your time to do so is very limited so please call today.

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Staten Island nursing home fined for missing resident

Frank Dito — Sat, 11 Apr 2009 03:35:11 +0000

Silive is reporting that the Lakeside Manor Home for Adults was issued violations by the New York State Department of Health after staff waited two days to report a missing resident. Richard Constable, 66, recently moved into the Lakeside Manor and was reported missing by a therapist after he noticed Constable missing on Sunday morning. Police are still searching for Constable, who walked off the grounds last Friday.

If you or a loved have been the victim of nursing home neglect or abuse, call the law offices of Decker, Decker, Dito Internicola, LLP at (718) 979-4300 to discuss your legal rights. You may be entitled to compensation.

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