New York Personal Injury Laws

Carpenters Exposed to Asbestos

You’re a carpenter, you’ve been exposed to asbestos and now you have mesothelioma. You’re trying to figure out what caused your mesothelioma. Hi, I’m Joe Williams and I’m a mesothelioma trial attorney and I can answer your questions about how carpenters who are exposed to asbestos. Now as a carpenter you worked with many things on large commercial job sites and also smaller residential job sites. But what we know about carpenters is they’re exposed to everything on those jobs. So a carpenter might be installing some cabinetry, might be working on some woodworking in one section of a room while another trade is putting up sheet rock and using asbestos containing joint compound. A carpenter might be doing some mill work in one portion of a room while another trade is starting the installation of asbestos containing floor tile 10 or 15 feet away. All of these are real exposures to asbestos dust for both the carpenter as a by stander and the floor tile mechanic or the dry wall taper who’s working with that asbestos containing joint compound. In addition, many carpenters over the years have told me that they also did these other types of construction work that put up walls with sheet rock and asbestos containing joint compound. That they installed asbestos containing ceiling tiles and drop ceiling. That they worked with asbestos containing floor tiles themselves. That that was all part of the work that they did as a carpenter. As a carpenter it’s not just the work that you did it’s certainly the work you did as well as the work that others did around you. All of this work created asbestos dust from working with various asbestos products which you breathe and that is one for the reasons why you have mesothelioma. I’m sure you have many more questions about mesothelioma and we can answer your questions. I’m Joe Williams, we represent victims of mesothelioma everyday. I invite you to call my office at the number below and we’ll answer your questions. Thank you.

Signature Disease

Mesothelioma has been called a signature disease, a signature of asbestos exposure. So, what does that mean? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’m going to answer this question for you by explaining to you what a signature disease is. So, a doctor, or a scientist, the physician, whenever they see a patient with mesothelioma, they immediately think asbestos exposure. And why is that? That’s because mesothelioma is a signature disease. The disease bears the signature of the exposure to asbestos. So, every physician who is evaluating a patient’s mesothelioma case, will immediately be looking for asbestos exposures. The known and widely accepted cause of mesothelioma is exposure to asbestos. That means that all the physicians know to a certainly that that particular patient who’s been diagnosed with mesothelioma was exposed to asbestos. Now, sometimes patients think mesothelioma is a form of cancer. What kind of things have I done in my life that could have caused me to get cancer? They start thinking about things like smoking cigarettes. Well, I can tell you that there’s no doctor in the world that would say that smoking cigarettes caused mesothelioma, because it doesn’t. They think, “Well, I was exposed to a lot of chemicals,” or “I was out in the sun.” We tend to think about all the things that we know are known carcinogens, but mesothelioma is a very unique cancer, only 2,000 cases diagnosed per year in the United States, and the widely accepted cause of mesothelioma is asbestos, not these other things that sometimes we think of. So, persons exposed to asbestos fibers, it takes years and years for the asbestos fibers to cause malignant mesothelioma, and in this position of years later tracing back what your possible exposure to asbestos could have been. I encourage you to call my office. I’m Joe Williams, and we answer questions from mesothelioma victims every day. We represent mesothelioma victims and their families in court every day, and we can answer your questions. I hope you found this video informative, and thank you very much for watching.

Maintenance Man Diagnosed With Mesothelioma

You worked as a maintenance man, and now you’ve been diagnosed with mesothelioma, and you’re wondering how did you get this disease? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to give you some information about the potential asbestos exposures that maintenance men would have confronted while they were at work and on the job.

Possible Exposures To Asbestos

Now a maintenance man in a building is responsible for the entire building. If it’s a six story apartment building, or an 80 story skyscraper in Manhattan, a maintenance worker or maintenance man could have duties and responsibilities throughout the building. For example, in an apartment building, a maintenance man might have to everyday work on maintaining the boiler system. Older boilers sometimes needed water poured into them. Boilers have to be checked. If there was a necessary repair that had to be made, if it was a simple one, a maintenance man could effectuate that repair. If it involved plumbers or tradesmen coming into the site, the maintenance man would be on site supervising. Why is that important? Because the boilers years ago were covered with asbestos insulation, and work with the boilers, whether by the maintenance man himself or by others in his vicinity, could cause asbestos dust to go into the air, exposing everyone in the room to asbestos that could cause mesothelioma.

A maintenance man is responsible for the tenant spaces in the building. In an apartment building for example, a tenant moves out, that apartment has to be painted. The walls had to be prepared and smoothed out. Cracks or holes in the walls had to be filled with joint compound. Joint compound contained asbestos before 1977. When it was sanded down, the dust would go in the air, exposing anyone in the room, including the maintenance personal, to asbestos dust, dust that can cause mesothelioma.

A lot of apartments and a lot of commercial spaces had floor tile that contained asbestos. When it was removed or replaced, chipping up the old floor tile caused asbestos dust. Cutting, sanding, installing new asbestos floor tile caused asbestos dust to be breathed by any worker, any person in the area of the work.

These are all potential exposures that maintenance men, maintenance personal, could have during the course of their work. It’s the lifetime work around asbestos that causes mesothelioma.

 Contact Us with Questions or Concerns

Why am I telling you all this? It’s because you have questions about mesothelioma and what types of exposures maintenance personal could face when they’re working on the job.

I’m Joe Williams, and at our office we handle cases for victims of mesothelioma everyday. We deal with these issues everyday. I invite you to call our office and we’ll answer your questions. Thank you.

Plumbers Exposed to Asbestos

Did you know that plumbers were exposed to asbestos during the construction of the World Trade Center? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can give you some information about the types of exposures to asbestos that plumbers faced during the construction of the World Trade Center site.

Large Quantities of Exposure

The World Trade Center site, composed of seven different buildings, was a massive construction project, and the plumbers union had a very large presence during the building of the seven buildings. The buildings at this site required massive quantities of water, hot water and cold water piping running throughout the site. The plumbers’ work at the World Trade Center site exposed them to asbestos in the form of asbestos pipe covering, asbestos gaskets, asbestos insulation that covered the equipment that the plumbers worked with on a daily basis at the World Trade Center site. In addition to their own work, the plumbers who worked at the World Trade Center site could have also been exposed to the work of other trades – trades who are working with asbestos-containing floor tile, or asbestos-containing joint compound, or asbestos-containing fireproofing – exposed as bystanders to the work of others.

You have questions about mesothelioma and exposures to asbestos at the World Trade Center. I’m Joe Williams, and at our firm we handle cases everyday for mesothelioma victims and their families. I invite you to give our office a call. We can answer your questions. Thank you.

Talcum Powder Usage Can Cause Harm

What you’re about to hear may seem unbelievable. We need to get the word out so we can protect our women today and our children tomorrow from this dangerous product. Ovarian Cancer, the eighth most common cancer in the U.S., and the fifth leading cause of Cancer death. Each year, nearly 20,000 women in the U.S. get Ovarian Cancer.

A common everyday product is estimated to contribute to approximately 10% of Ovarian cases each year. 40% of us women are estimated to use this product. People might say, “Everybody everywhere uses this product. How can it be connected to Ovarian Cancer?” The label carries no warning. No one would expect this product to have such a severe side effect. People consider it so harmless, they use it on their children. Manufacturers are not likely to warn consumers unless they are forced to by the government.

By: Steven Gacovino

Slip and Fall Claim Process

Today on You Be The Judge. If you slip and fall, can you really sue and easily win? Go inside a real life slip and fall claim and see what a judge looks for when determining who is at fault. We’ll show you the facts and let you be the judge. While the idea of slipping, falling, suing and winning is often joked about, if you were the one left with the medical bills, you may want to know if the property owner played a role in the accident.

1. Who Do You Sue

First, who do you sue? The defendant will most likely be the property owner or manager. The defendant has the duty to keep their premises reasonably safe from hazard.

2. Determine Breach of Duty

Number two, did the defendant breach their duty and/or damages caused as a result? In other words, was the property owner, manager or an employee somehow neglectful by causing or creating the dangerous situation? Knowing about it but not doing anything to prevent it? Or if they didn’t know about the danger, should they have known? Not only must you prove that the defendant breached their duty, you must also prove what is called proximate cause, which says that the injuries were the result of that specific accident.

3. Reasonable Defendants

Three, did the defendant act reasonably? If someone trips over an object left on the floor, was there good reason for the object’s position or could it have been easily and reasonably moved before anyone could trip on it? Did the property owner take precautions to minimize the danger? How long was the danger present prior to the accident?

4. Injured Person Acting Careless

Number four, was the injured person acting carelessly? Everyone has the duty to protect themselves and to be careful. Would another reasonable person in the same situation notice and avoid the danger? Was there a legitimate reason that the person was on the property? Had the owner placed a barrier or warning sign for the danger? Was the injured person engaged in activities that could increase the chance of slipping and falling?

Contributory Negligence

For example, texting while walking. In a slip and fall lawsuit, both sides will attempt to prove that the other was at least partially at fault. In some states there is contributory negligence. This is where the plaintiff is in any way at fault, they cannot recover damages.

Comparative Negligence

Other states have comparative. If the plaintiff is partially at fault, that percentage is subtracted from any award. Finally, some states will offer compensation if you are less than 50% at fault, but none if you are more than 50% at fault. Ultimately, the injured person bares the greatest burden of proof.

Slip & Fall Litigation Example

Now we’ll go inside an abbreviated real life claim, present the facts, and ask you to make a ruling. A woman we’ll call Helen went with her husband to visit their son at a correctional facility. Helen entered and noticed someone nearby with a mop in hand, a bucket on the floor and a caution sign. As she walked, she tried to stay on the carpet runner and eventually stepped off to get to where she was going. At that point, she did not see any mops, buckets or signs. As Helen stepped off, she slipped and fell to the floor. Helen’s husband’s foot slipped too, but he was able to avoid falling. The facility’s standard policy was to put caution signs in a square around wet areas. Consider the previously mentioned criteria of slip and fall lawsuits.

Number one, did the facility breached their duty to keep their premises reasonably safe from hazard? Two, did the facility act reasonably? And three, was Helen careless? Now it’s time for you to be the judge. Should the defendant be held responsible for all part or none of the accident?

By: Edward Lake

Dangers of Distracted Driving

You’re driving down the road, and you see that guy, the one holding-up traffic because his attention is one his cellphone. You shout at him, “Really?” You think to your self, “That idiot is going to hurt somebody.” Some people just don’t mixed their phone and driving as well as you do. Well, at least you think you mixed them well.

Let’s consider this thing called: distracted driving. Let’s call it any activity that can divert a person’s attention from the primary task of driving, such distraction include: grooming, texting, eating, changing the radio station, talking on a cellphone and so forth.

Humans have long claimed the ability to multitask, and with our current culture, technology saturation at an all time high, people believe more than ever that they are good multitaskers. While it’s possible to do more than one thing at a time, the human brain is incapable of devoting sufficient attention across multiple tasks, when just one of them require much attention.

Earl Miller Distracted Driving Research

MIT, neuroscientist, Earl Miller, puts it bluntly. You’re not paying attention to one or two things simultaneously. He says, “You’re actually switching between them very rapidly.” Even the things we do very well, with little conscious thought, can be a big bite out of the mental capacity which has strict limits by nature. Talking on the phone is easy, but it uses up mental capacity, and depending on the conversation, it can eat up most or all of our attention.

Dr. Miller says, “We’re mistaken when we believe we’re paying attention to everything around us when we multitask.” Psychologist say we’re also prone to inattentional blindness, that’s the failure to notice something even when we’re looking right at it. One of the most famous study to show this phenomenon involved an invisible gorilla. Participants watched a video of six people passing basketballs, and counted how many times the players wearing white passed the ball. In the middle of the video, a woman in a gorilla suit walks into the middle of the screen, thump her chest, and then leaves. About 50% of the participants didn’t even notice the gorilla – they were demonstrating inattentional blindness.

Consider the Following Factors that Can Affect Inattentional Blindness.

One: Obviousness

This has to do with the object’s ability to catch our attention. For example, especially on a rainy day, a gray car pulling out in front of your car would not be as conspicuous as a bright red car.

Two: Expectation

When we expect certain things to happen, we might overlook or blackout to what actually is happening. For example, if we expect the car up the road to be moving, when it’s really stalled, we may not realize we’re approaching the stalled vehicle at high speed. Three: capacity. As stated earlier, we can spread our attention around only so far. Even when we are expert at something, the activity consumes a certain amount of attention. Talking on the phone, texting, dialing: each demands part of our mental capacity, and can easily compete for the same resources we need for staying aware of our surroundings.

Distracted Driving Risk

Distractions can blind the mind the things around us, and driving is one of the most dangerous activity the average american engages in, with approximately 33,000 traffic fatalities annually. So we have a choice, will I pretend to be an expert at multitasking while driving, and put my mind at greater risk for inattentional blindness, increasing the possibility that I will harm other, and myself too, or will I choose to drive cell free with myself off as many distractions as possible and devote my mind to safer driving?

Take the pledge to drive cell free at www.drivecellfree.net. You can also download our free eBook: Distracted Driving, The Multitasking Myth. It will tell you more about the psychology behind inattentional blindness, bust the myth that talking on the phone is the same as talking to someone in the car, give you interesting and practical facts and statistics surrounding distracted driving, and explain some of the legal ramifications of distracted driving – go to www.drivecellfree.net. Finally, to help make our street safer, we invite you to share this video with your friends and family.

By: Steven Gacovino

Protecting Your Rights

When you’re injured on the railroad, the railroad will do everything they can to minimize your wage loss claim. They’ll try to interfere with your medical treatment. They’ll harass you. They may fail to offer you overtime you’re entitled to receive under the contract. They can penalize you in many different ways but the Federal Railroad Safety Act says they can’t do that to you as an interstate railroad employee. You can file a claim with OSHA and if OSHA doesn’t decide the claim within seven months, you can bring a lawsuit in the federal district court. At the Maurer Law Firm, we know how to protect your rights under the Federal Railroad Safety Act.

Personal Injury Lawsuit Timeline

I’m Ira Maurer with a public service law tip. If you’re a personal injury victim, one of the questions you probably have is if I commence a lawsuit to recover my damages, how long is it going to take? There are numerous factors that will govern exactly how long a lawsuit will take. Where you bring the lawsuit is one important factor. You can bring it in New York State Supreme Court or you can bring it in the Federal District Court if you meet the criteria.

 Recovery Process Is Important

Second of all, where you are in your medical treatment is a very important part of the equation. If you recover quickly from an injury, it’s possible to settle a case before even starting a lawsuit. Insurance companies may be interested if they’re clearly responsible for your injury in settling out a case without having to spend a lot of money for a law firm to defend them.

So what happens if your injury takes a long time to be treated? Well I always recommend that you take your time. The last thing you ever want to do is settle a case prematurely before you know the full extent of your injuries. Are you going to be left with a disability? Are you going to have some problems with your earning capacity? Are you going to earn less money? Are you going to need further treatment that will cost money? All these things take time to answer. So the more serious the injury, an injury that may require surgery or multiple operations, these are things that all can impact on how long it takes for a lawsuit to come to conclusion. The best thing you can do is ask these questions when you go in to see a personal injury lawyer.

For more information, contact the Maurer Law Firm at maurerlaw.net.