Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

Lifeguard Sues Pool for Negligence over Electrocution Incident

Elizabeth Eilender, of counsel to Jaroslawicz & Jaros, filed a lawsuit on behalf of a Bay Ridge teen who suffered electric shock at the pool she lifeguarded at this past summer. The lawsuit, filed in Brooklyn federal court, accuses Silver Gull Beach Club of negligence for failing to adequately repair the facility after it was damaged by Superstorm Sandy. In July, the teen girl stepped out of the pool and put her hand on the railing while simultaneously stepping on a charged metal plate situated on the ground just outside the pool. The combination of the girl's wet hand and the metal plate caused electric shock to go through her body. A New York Post report of the incident explains, "Eilender said that the overall operator of the beach club, JBAY PLLC, has purposefully withheld information about the incident from them and told workers to clam up." Eilender continued that the pool's negligence together with its withholding of pertinent information is "outrageous" and "disgusting."

NY fatal crashes caused by cellphones likely underreported

A recent study showed that not only in New York, but all over the nation, fatal accidents caused by cellphones are being underreported. Specifically in New York, there was only one reported fatal crash attributed to a cell phone in 2011, while in 2010 there only ten. As a comparison, Tennessee, the state that reported the most fatal car accidents that were related to cell phone use, reported 93 crashes in 2011 and 71 in 2010. Some New York City wrongful death lawyers and other experts may point out that because New York is so much larger than Tennessee, this discrepancy calls into question the reliability of the underlying statistics; these experts instead believe that accidents related to cell phones are being widely under reported. There are certainly various reasons for this under reporting, but one belief is that unless a witness at the accident such as a driver, passenger or bystander mentions that a cell phone was in use, it can be difficult, if not impossible to prove it. Because of that difficulty, it is believed that crashes related to cell phone use are likely much higher than currently reported simply because drivers do not want to get in trouble for causing an accident while talking on the phone. When someone is involved in an accident, the most important thing is to get them medical attention immediately. After that is taken care of, however, getting an accurate report in writing, even if doing so entails taking down the information by hand, can be critical. In particular, filling out a detailed report immediately may help a person establish whether or not a driver was on his or her cell phone at the time of the wreck. This information could be critical if a personal injury lawsuit or wrongful death lawsuit has to be brought to collect damages for the victim. Seeking out legal assistance after an accident is often necessary. With the proper help, the family of a deceased accident victim can often find a way to make ends meet financially and begin the process of moving on with their lives.

Scalded By Hot Water in Your Apartment Building?

Most persons, particularly in large cities, reside in apartment buildings where they have no control over the boiler or hot water systems. A recent study showed that there are approximately sixty thousand hot water scaldings per year. It is now basically understood that the standard set for hot water by the American National Standard Institute (ANSI), standard #Z21.10.1a-1991, is that the hot water should not generate water above 125 degrees Fahrenheit. Previously, during the 1970's the standard was that water could not be above 140 degrees Fahrenheit; in the 1980's the setting was lowered to 130 degrees Fahrenheit; and in the 1990's it was lowered to 120 degrees Fahrenheit. The valves should be adjusted on showers or tubs so that the handle's stop position should not have water coming out of the spigot that is more than 120 degrees. New York State Plumbing Code § 424.3 requires valves that conform to the requirements of ASSE 101.6 and CSA B 125 which require a maximum setting so that water cannot exceed 120 degrees. A Harvard Medical School study dating back to the 1940's showed the relationship between hot water and burns. The hotter the water, the less time it takes to cause a burn. When water is 150 degrees, a serious burn injury can be caused in two seconds; at 140 degrees, it takes six seconds; and at 130 degrees it takes thirty seconds. Most people take a bath or shower using water that is between 105 and 110 degrees Fahrenheit. With respect to older appliances, scalding protection should be provided by adding a thermostatic control which attaches to the showerhead and bathtub spigot. The way these devices work is that it is preset at a temperature for exiting hot water at 114 degrees. If the exiting water is more than 114 degrees, it will be stopped from exiting the tap. If the water in your bathtub or shower is scalding hot when you turn it on, you should complain to the landlord, super and/or managing agent. If they do not fix it, file a complaint with a government agency. If you are paying rent, you can ask for rent abatement on the grounds that the apartment is not properly habitable and is dangerous. Keep a record of your complaints, and make them in writing if possible, either regular letter or email. If anyone is hurt by scalding water you will then have a record of your complaints. There are numerous personal injury cases around the country, including New York City and its environs, involving burns from scalding water and some of the recoveries have been substantial. If the landlord attempted to fix the problem by using a plumber and despite the effort to repair it there is still scalding water and someone is injured, the plumber who failed to make proper repairs, as well as the landlord, could be held responsible.

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Jaroslawicz & Jaros, PLLC
225 Broadway, 24th Floor
New York, New York 10007

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