Scott C. Gottlieb, Injury Law Attorney

All Terrain Vehicles (ATVs) are three or four-wheeled motorized used for off-road riding. They have gained enormous popularity in the last decade. In many ways, these vehicles are ideal for recreation, rescue efforts, and quick, easy transportation in off-road areas. However, in the last 20 years, more than 6,000 fatalities have occurred from injuries associated with ATVs, according to the Consumer Product Safety Commission. The group estimates that at least 30 percent of all the people involved in ATV accidents are children.

When ATVs first entered the market in the 1970s, they were three-wheelers, and there were virtually no safety standards. The vehicles were involved in so many rollovers and injuries that the U.S. Justice Department filed a lawsuit alleging that ATVs and their manufacturers violated the Consumer Product Safety Act. In 1987, the ATV manufacturers agreed to stop producing three-wheeled ATVs, but did not recall the 2.4 million defective ones that had been already sold. Many of these extremely dangerous ATVs remain in use today.

Some ATV accidents are caused by manufacturing defects in the ATV itself. In legal terms, "manufacturing defects" are flaws in the manufacturing process that result in injuries. "Failure to warn" describes a situation in which a manufacturer knows of a hazard regarding the product and does not warn consumers about it. "Design defects" are errors in the product design that make the vehicle dangerous. Hundreds of thousands of ATVs have been recalled since 2000.

If you or someone you love has been injured in an ATV accident and it was due to someone's negligence or a mechanical defect, you may be able to be compensated for your loss. Some things can never be replaced, but through the legal process you may be entitled to compensation for medical bills, vehicle repairs, pain and suffering, loss of earning and future loss of earnings. In the extremely unfortunate event that a death has occurred as a result of the accident, you can file a wrongful death suit.

Labels: accidents, injury

The state of New York has an estimated 700,000 hunters whose arsenal includes shotguns, rifles, muzzleloaders and even handguns. These incidents often involve members of the same hunting party and result from accidental discharge or unsafe handling of the firearm, or from the victim being out of sight or mistaken for game.

Compared to other outdoor sports, hunting is statistically safe. Unfortunately, accidents do happen and are often the result of hunting safety and game law violations that include:

- Running or walking with a loaded firearm,
- Placing or removing a loaded firearm in a vehicle,
- Firearms in insecure resting place,
- Shooting across the roadway,
- Shooting near occupied buildings, schools and playgrounds,
- Unclear sight of target and beyond,
- The firearm's "safety" has not been engaged, and
- Crossing fences, climbing trees or any awkward action with a loaded gun.

Homeowners insurance policies will often cover injuries caused by the negligent use of a firearm. This coverage may be available to the homeowner as well as other family members residing at the home. Some hunters also carry separate hunting accident insurance that may be obtained through certain hunting clubs and organizations.

Labels: accidents, general, injury

Construction accidents kill or injure thousands each year. Due to the heavy machinery, equipment and materials at construction sites, injuries incurred in construction site accidents are sometimes extremely serious. The law requires that construction companies ensure a reasonably safe site, develop and implement safety programs, inspect each site for safety compliance, coordinate job safety, warn of hazards related to the site and work, and prescribe the necessary protective equipment. Despite these regulations, construction site work remains one of the most dangerous jobs in the United States today, with the majority of injuries and fatalities associated with electrocutions and falls. Other hazards at construction sites include:

- Crane and scaffolding accidents
- Dangerous and defective machines
- Mechanical and chemical handling of compressed gas
- Logging accidents
- Welding, cutting and brazing injuries

Many construction accident cases involve several potential third-party defendants, parties such as the owners, architects, subcontractors and equipment manufacturers, all of whom may bear responsibility for your injuries. Third-party negligence is the legal term to assign liability for insufficient safety provisions or negligence to others. Construction equipment makers may also be found negligent if injuries are caused by the defective design and manufacture of their products ranging range from power tools to scaffolding to heavy equipment. Injured workers are most often prohibited from suing their employers or co-workers because of New York's Workers Compensation Law.

In any personal injury case, negligence must be proven and it must be established that the injury was caused by that negligence in order for a damage award to be made. You must be able to prove the critical elements of negligence including 1) the defendant had a duty to you, 2) the defendant failed in that duty, and 3) your injury was caused by the defendants' breach of duty and that damages resulted from the injury.

Construction companies are required by law to inspect each worksite to ensure worker safety. The contractor and all subcontractors must provide a reasonably safe work environment as well as warn workers of hazards that are inherent in the site and nature of the work. They must also take reasonably adequate steps to hire careful employees, coordinate job safety and supervise compliance with safety specifications.

Construction equipment manufacturers also have a responsibility to design and maintain safe products intended for use at the work site. This responsibility includes preventing the use of defective or unreasonably dangerous products. Products included (but not limited to) are: scaffolding, power tools, cranes, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, boilers, pressure vessels and gas detectors.

Labels: accidents, injury

Most boat crashes require that you send a report to either the state agency regulating boats or the U.S. Coast Guard. In the state of New York, you must file a report if the boat crash involved injuries that needed more than first aid, or if there was damage to any property above a certain amount. This is important. Failure to remain on the scene, provide aid, and report the accident in a timely manner is a crime. We also recommend that you report the incident to your insurance company. This is a requirement if a state or federal report was made.

Recreational boat crashes are governed by a number of city, county and state laws. Most boat operators have a legal obligation to operate their watercraft in a safe manner. If they do not, there may be criminal charges, and the people who were injured may be entitled to sue for damages. Boat owners also need to be careful about allowing other people to drive their boat. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages.

Labels: accidents, injury