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The June 14, 2017 fire at Grenfell Towers Apartment building in London, England was a tragedy of incalculable proportions as 79 victims perished and hundreds had their homes destroyed. The enormity of this devastation is magnified by this shocking report in the New York Daily News that this tragic event was entirely avoidable and preventable. Police Investigators have concluded that the fire was started due to a faulty refrigerator and, more disturbingly, was allowed to grow and spread due to unsafe building materials, including insulation, which quickly caught fire instead of acting as a fire retardant. Even more shocking was the revelation that inspections had been demanded and been ignored for years and that buildings of this type exist all over London.

Unfortunately, it often takes a tragedy for government agencies and private corporations to do the right thing. Regular Inspections ans safe-building practices should be the norm in all jurisdictions. In New York, fires are often the result of behavior on the part of building owners, landlords, electricians or product manufacturers. It is imperative that these individuals and corporations be held liable for their actions in order to prevent such events from occurring in the future. The attorneys at Queller, Fisher, Washor, Fuchs & Kool represent individuals who have been injured or family members of individuals killed in fire and explosion accidents that have occurred due to the negligence of others.

In the case that you, or a loved one, have sustained an injury or been killed as a result of a fire or explosion accident do not hesitate to contact the New York law office of Queller, Fisher, Washor, Fuchs & Kool today at (212)-406-1700 to schedule a free consultation appointment to discuss the legality of your claim.

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A 34-year-old Bicyclist Was Fatally Struck by a Car in Brooklyn Friday Morning

In a report published in the New York Post, a 34-year-old woman was killed in a bicycle accident on Friday morning. The details surrounding this bicycle accident remain under investigation.

At Queller, Fisher, Washor, Fuchs & Kool, we understand the financial burden that a bicycle accident can cause riders and their families. Our New York cyclist lawyers are committed to getting our clients lives back on track. We look to recoup compensation for all of our clients’ damages, including lost wages, costly medical bills, pain and suffering, and wrongful death when it is applicable. We use our experience and considerable resources to pursue maximum compensation for all of our clients.

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First Department Affirms Summary Judgment to Plaintiff Pursuant to Labor Law 240(1) Where Ladder Wobbles Resulting in Fall

In the case, Ocana v. Quasar Realty Partners, L.P., the Appellate Division, First Department ruled on two issues which often appear in New York Labor Law cases. Both of these issues were decided in favor of the plaintiff and the lower Court’s granting of summary judgment pursuant to Labor Law 240(1) was affirmed.

The first issue is related to New York Workers Compensation Law. Often, the various ownership and construction entities at a New York construction site are unclear and often intertwined for insurance and other reasons. This can give rise to confusion as to which company was the plaintiff’s employer. This directly impacts the injured person’s ability to collect Workers Compensation Benefits and it can affect a lawsuit and potential recovery pursuant to the Labor Laws of the State of New York.

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A new medical record-keeping system is being hastily implemented by New York City Health & Hospitals Corporation which is in charge of several City-owned hospitals in New York. According to an article published in the New York Post, the EPIC system is being rolled out in April despite concerns that it has not been adequately tested and simply is not ready. Critics fear that patient data and records will be lost and patients will suffer because of it.

Health care institutions in New York such as hospitals, clinics and nursing homes have a duty to provide adequate care for patients. When facilities fail in their duties, patients may suffer serious injuries. Many instances of medical malpractice have facility negligence as the underlying cause. Ultimately, the facility is responsible for its staff, grounds and services. When a hospital’s negligence results in the injury of a patient, they may be liable for any damages the victim suffers.

Have you or someone you love suffered an injury due to a hospital’s negligence? If so, you may be entitled to compensation for any damages caused by the hospital’s negligence. For a free case review, call 212-406-1700 or contact us on-line. We will review your case to see how the medical malpractice attorneys at Queller, Fisher, Washor, Fuchs & Kool may be able to assist you.

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New York City Car Accident Attorney Jonny Kool Explains the Three Elements You Must Prove in Every Motor Vehicle Case.

Our partner and top New York personal injury trial attorney, Jonny Kool, offers his expertise on the factors necessary to successfully litigate a motor vehicle accident case in New York:

https://youtu.be/OnGlfnS3A14

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During the winter months, fires become a very regular occurence in New York. This is often due to faulty wiring, over-used electrical circuitry, ungrounded space heaters or other factors. In many of these circumstances, the spread of the fires or the fires themselves could have been prevented if reasonable care had simply been exercised. On Monday night, 12 people were injured, 5 seriously, due to a fire in a Harlem apartment building. Although the cause is still under investigation, it woould not be surprising to find out it was due, in part, to the negligence of a third party.

If you or a loved one have been injured or killed in a fire, it is imperative that you hire a New York attorney experienced with handling and investigating these claims. These claims need to be investigated as soon as pssible to preserve all necessary evidence and interview all witnesses. A delay in hiring the right New York attorney who knows how to do this can affect an injured person's ability to obtain a full recovery from the responsible person or company.

If you or someone you love has suffered an injury or died in a fire or explosion accident in New York, you need to contact a law firm with experience litigating these types of cases. At Queller, Fisher, Washor, Fuchs & Kool, our firm has successfully represented vistims of fire and explosion accidents for nearly 50 years. For a free, no obligation consultation with one of our attorneys, give us a call at 212-406-1700 or contact us online.

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A gas leak in Brooklyn led to the evacuation of four buildings in Dyker Heights on Wednesday night. While no one was injured, it was a scary moment for some Dyker Heights residents. In july, a similar gas leak led to the large explosion in the East Village which killed two and injured twenty more. As a result, New York City's residents sensitivities toward such leaks has been heightened over the last eight months. Read more about the leak in the Daily News.

Have you or someone you love suffered an injury due to the negligent actions of of a utility company or municipality; such as in an explosion or gas leak? If so you need a lawyer with experience litigating these types of cases. At Queller, Fisher, Washor, Fuchs & Kool, our accident attorneys have a history of sustained success representing individuals who have been injured due to the negligence of a utility company.

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A condition known as sprue-like enteropathy has been linked to use of the hypertension medication Benicar. Sprue-like enteropathy is a disease often characterized by celiac-like symptoms which have been known to damage the small intestine’s ability to absorb nutrients. The symptoms of sprue-like enteropathy are wide-ranging, from chronic diarrhea to kidney damage to villous atrophy; the erosion of the small intestine. In many instances, sprue-like enteropathy is initially diagnosed as Celiac disease. Following a study by Dr. Joseph Murray of the Mayo Clinic, a link was drawn between sprue-like enteropathy and the use of the drug Benicar. Dr. Murray’s findings led to the FDA updating Benicar’s label and opened the door for lawsuits from patients who suffered from sprue-like enteropathy and other ailments while on Benicar.

Prior to Dr. Murray’s study, many of the patients who suffered from sprue-like enteropathy had initially been diagnosed with Celiac disease. Unlike individuals who actually suffer from Celiac disease, these patients did not show improvement from typical treatments, such as a gluten-free diet. In most cases, the misdiagnosis of Celiac disease occurred because these patients had not had a blood test performed to determine whether they had Celiac disease. A blood test would have been able to show that the patients did not have a measurable amount of tissue transglutaminase in their blood, proving that they likely did not have Celiac disease.

Dr. Murray’s study found a likely link between Benicar and sprue-like enteropathy. Dr. Murray chose 22 patients who had discontinued Benicar for his study. All of the study participants showed a significant improvement of symptoms following their discontinuation of Benicar. Following the publishing of Dr. Murray’s findings in the Mayo Clinic Proceedings, the FDA issued their label update for Benicar; warning of harmful side effects such as sprue-like enteropathy and other gastrointestinal ailments. The findings of Dr. Murray’s study combined with the updated FDA label may provide patients who suffered from sprue-like enteropathy while on Benicar the opportunity to recoup compensation for any damages incurred.

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According to Syracuse.com, two women who lived close to the East Village blast site are filing lawsuits for suffering injuries and “severe” emotional trauma resulting from the explosion. The suit is being filed against ConEd, 121 Second Avenue landlord Maria Hrynenko, a contractor named Dilber Kukic, and Hyenol Kim, the owner of Sushi Park.

Lucie Bauermeister, 23, and Anna Ramotowska, 26, allege in their suit that the blast which occurred next door to their apartment—129 Second Avenue—caused them significant injuries, as well as serious emotional and psychological harm; both women have stated that they will seek counseling to get over the experience. Despite the pair’s injury claim, it appears that any injuries suffered were minor. Ramotowska claimed she suffered “Like five or six scratches…it’s nothing deep.” Despite the lack of serious injury, their attorney, Robert Vilensky, claims that their lawsuit is valid as they’ll fear experiencing a similar event the rest of their lives. Several media outlets have claimed Bauermeister and Ramotowska are seeking upwards of $40 million in their suit.

It should be noted, that despite the claim from some media outlets that the roommates are seeking $40 million, this is not technically true. Compensation in a lawsuit isn’t determined based on what the victim(s) asks for. The amount of monetary damages is typically determined by either a jury at trial or in a settlement between the plaintiff and defendant. Additionally, compensation is usually calculated by the jury based on the combined economic value of the victim’s injury and emotional trauma. In a lawsuit, such as the one filed by Bauermeister and Ramotowska, where the victims suffered no major injury or personal loss, it is unlikely that any verdict or settlement would return anywhere near the $40 million figure that has been put out there by the media. In fact, if the case were to settle or reach a verdict, it’s unlikely that the compensation would even reach six figures.

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Contrary to what some believe, a personal injury lawsuit is a long and complex process. A case isn’t as simple as an injured individual filing a lawsuit against someone they believe caused their injury and getting money back. In this post, we’ll endeavor to explain the lawsuit process from start to finish.

Following an injury, to begin a case, a Summons & Complaint must be filed in court and served upon the defendant (the party being sued). Due to the fact that the Summons & Complaint must list the basic facts of the case, this process may take several months. The next phase of a lawsuit is preparing a Bill of Particulars. A Bill of Particulars describes the nature of the plaintiff’s injuries, how the defendant may have acted negligently, and an itemization of the plaintiff’s damages.

After the Bill of Particulars is served to all of the defense counsel, our attorneys will schedule a deposition for our clients. A deposition is an out-of-court oral testimony of a witness that is converted to writing so that it may be used in court at a later point. A deposition will typically take place in an attorney’s office; although they can occasionally be held at the courthouse. During the deposition, a court reporter will be assigned to write down all of the questions posed and their corresponding answers. Clients need not be nervous heading into a deposition as our attorneys will prepare them in advance for the type of questions they will face from the defense counsel.