CATASTROPHIC PERSONAL INJURY & WRONGFUL DEATH

AUTO ACCIDENTS

Americans are in love with their automobiles.  Nothing beats the freedom of going where we want, when we want, with people we want– comfortably shielded from the elements while listening to our favorite music! While whizzing down the road in a metal shell may be dangerous, automobile manufacturers have become increasing safety conscious– incorporating safety glass, foam cushioning, anti-lock breaks and air bags – to name but a few automotive safety innovations.

No sane person wishes to become a statistic of a car accident.  Nonetheless, there are literally millions of car accidents on U.S. roads each year – from unreported, insignificant exterior scratches to horrific fiery catastrophes costing life and limb.  Overall, the U.S. Department of Transportation (USDOT) reports that there are 6 million car accidents yearly on American roads, with 3 million people being injured – and 2 million of these injuries being permanent.  An American is injured in a car accident every 14 seconds. In fact, over 25% of U.S. drivers are involved in an accident over a given 5 year period!

Sadly, over 40,000 Americans still die each year while on the road, that’s one every 12 minutes.  The leading cause of death in the U.S. for people between ages 1 to 30 years old is being involved in a car accident.  According to the U.S. National Highway Safety Administration (NHTSA), about 40% of car accident fatalities occur because of a drunken driver, 30% are blamed on excessive speed, and 30% owing to reckless drivers in one or more vehicles.  Most of theses reckless drivers did not mean to drive poorly– but were distracted by cell phones, talking to passengers, eating, applying makeup, etc. Importantly, half of those killed in car accidents were not wearing their seat belts at the time of the collision– despite mandatory seat belt laws in most States. However, failure to wear a seat belt does not automatically bar recovery from a negligent party who causes an accident. When a serious accident occurs, the most important things to do are:

  •              Tend to safety and getting medical help for the injured.  Call 911 Emergency Services and remove victims              from ongoing danger if necessary and prudent.
  •              Try to get identification and insurance information from others involved in the accident. If they do will not              divulge it to you, have the police get it for you.  
  •              Make sure a police report is obtained, but do not admit any fault.
  •              If you or a family member are (or may be) injured, seek medical attention immediately – and get a copies of              the medical report(s).  Carefully adhere to all directions and  follow-up instructions from medical professions. 
  •              Notify your insurance company of the accident without admitting fault.
  •              Seek competent legal representation and advice. A good attorney will be much more effective at dealing with              insurance companies than a layperson.       

At Goldberg Law offices, we have over 18 years of experience in helping victims of automobile accidents and their families. We know how to bring claims for property damages, injuries or even death– knowing that while money alone cannot  replace those so tragically taken, it can help ease future burdens of those who remain.  We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any responsible party for payment due– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury  and/or death from an automobile accident. Victims of car accidents and their families deserve compensation– and the best legal team to fight for them.  However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Don’t let the compensation you and your family may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential car accident claim at no cost to you.

TRUCK ACCIDENTS

Trucking is the life-blood of American business.  They transport everything from sewing needles to new automobiles from the manufacturer or seaport to the retail stores we shop at daily.

While it once took one farm laborer to gather food to feed three people, we now have truckers whizzing down our highways, in climate controlled cabs, hauling food for ten thousand people at a time!  However, despite  the blessings of modern trucking, the industry is still plagued with avoidable accidents– many of which are outright catastrophes for victims and their families.  According to the U.S. Department of Transportation (DOT), an American is injured or killed every 16 minutes in a truck accident.  Despite safety concerns, the frequency of big-rig truck accidents has been on the increase over the last decade– up over 30% since 1997!  

Trucks, by virtue of their size and weight, are more cause horrific injuries and death per mile driven than cars, vans and SUVs combined.  In general, a truck going 50 miles per hour has twice the collision energy of a car traveling 70 miles per hour. There are few “fender benders” when hit by an 18-wheeler!  When accidents occur between trailer-trucks and passenger cars, 98% of fatal injuries are to car occupants.  According to truck safety experts, truck accidents occur for a number of reasons– most of which are preventable:

  •     Aggressive driving by truckers – especially tailgating
  •     Speeding and ignoring reduced truck speed limit signs
  •     Use of alcohol and/or stimulants
  •     Unrealistic and over-pressured schedules
  •     Truck driver fatigue from long work shifts
  •     Failure to inspect tires, brakes and lights
  •     Failure to install blind-spot mirrors
  •     Overloading and Jack-knifing

Automobiles are designed to withstand most collisions from like size vehicles– not 40 ton trucks! Likewise, trucks appear designed to survive crashes with other trucks– their high front-bumpers can pass right over a trunk or hood and smash right into car passenger compartments.  While all this means truckers must be exceedingly cautious in traffic, at-risk truckers often have a “king of the road” mentality– negligently issuing death-decrees to car drivers and passengers in their way.   

At Goldberg Law offices, we have over 18 years of experience in helping victims of truck accidents and their families. We know how to bring claims for property damages, injuries or even death– knowing that while money alone cannot  replace those so tragically taken, it can help ease future burdens of those who remain.  We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any responsible trucker and/or truck company for payment due– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury or death from a truck accident. Victims and family members deserve compensation from  negligent truckers and truck companies who cause accidents – and the best legal team to fight for them.  However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.   Don’t let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential truck accident claim at no cost to you.

TRAIN ACCIDENTS

Trains were crucial in building America from “Sea To Shining Sea,” and new towns sprang up along rail lines as they were laid.  Despite the advent of cars, trucks and jets, trains remain the most economical way of transporting passengers and cargo.  One might think that since trains were the first means of “mass transportation” in this Country, they would have the longest “track record” of safety.  Unfortunately, trains today have an appalling poor safety record.  According to the U.S. Bureau of Transportation Statistics (BTS), there are nearly 3,000 train accidents annually, and an a train in America derails or crashes every 90 minutes!  Nearly 1,500 people are killed or injured in train accidents annually.  Mile for mile, train passengers have a 30 times higher risk of being killed than automobile drivers and passengers.  Sadly, children under the age of 16 account for 35% of train accident victims.  Train tragedies occur for a number of reasons:

  •     Train operator inattention, fatigue, and/or lack of training
  •     Improper instructions from train control station
  •     Excessive train speed through railroad crossings
  •     Worn, defective and/or poorly maintained track causing derailment
  •     Passenger car getting stuck on bad railway tracks at train crossing
  •     Obstructed view of railway crossings owing to trees, houses, and/or curves in the road
  •     Approximately 80% of public railroad crossing have no lights or safety gates
  •     Over 60% of all railroad crossing deaths occur at unprotected crossings

Only about 10% of railway crossing fatalities occur owing to a car driver trying to “beat the train” or going through a flashing safety gate.  The other 90% are victims who could not avoid being hit by the train.

There are Statue statutes, train company policies and procedures, and common sense precautions that could improve railway safety.  However, a rail company may decide it is less expensive to pay for tragic accidents than upgrade their tracks, crossings, and employee training.  When this happens, the true cost of skimping on safety is borne by the victims and their families.  Train companies should be made to pay for their negligence causing injury and/or death.  In fact, they expect to pay for this –  and insure themselves to help pay for their ongoing liability.       

At Goldberg Law offices, we have over 18 years of experience in helping victims of train accidents and their families. We know how to bring claims for property damages, injuries or even death– knowing that while money alone cannot  replace those so tragically taken, it can help ease future burdens of those who remain.  We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any railway company for payment due– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury of death from a train accident. Victims of railroad company negligence and their families deserve compensation– and the best legal team to fight for them. However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.   Don’t let the compensation you and your family  may be entitled to lapse for failure to file your claim in a timely fashion!  Please call to discuss your potential claim of train company negligence at no cost to you.

MOTORCYCLE ACCIDENTS

Nothing beats the thrill of riding a motorcycle– the breeze, being at peace with the open road, and the incomparable feeling of freedom.  Motorcycles are also an economical means of travel in these times of high gas prices.  Unfortunately, they are potentially dangerous vehicles– even if one exerts utmost care in their operation.  A motorcyclist needn’t be a James Dean to be injured, or even killed, by another’s negligence.  In fact, statistics show that most motorcycle injuries and fatalities are not the fault of the motorcyclist!  Often, the driver of a car, van, truck, bus, or other vehicle simply did not see the motorcycle – however, this does not excuse them from liability for an accident they cause.  

According to the U.S. National Highway Transportation Safety Administration (NHTSA),  about 3,000 motorcyclists are killed on American roads annually.  Overall, motor vehicle accidents are the leading cause of death for individuals between ages 6 and 33.  By virtue of their lack of driver insulation and absence of restraining belts, motorcycle accidents tend to be especially serious when compared to accidents in other types of motor vehicles.  Some States have mandatory helmet laws and others don’t, but failure to wear a helmet in any case does not bar recovery if another party caused the accident.  If one is involved in a motorcycles accident, and remains conscious and able to move without worsening their injuries,  they should:

  •       Call 911 Emergency Services (or have someone else call).
  •       If it is a “hit and run” accident, try to get the license plate number–  or at least a description of the fleeing vehicle.
  •       Note which side of the vehicle hit the motorcycle since there may be identifying marks or scratches.
  •       Try to get identification and insurance information from others involved in the accident. If they do will not       divulge it to you, have the police get it for you.  
  •       Make sure a police report is obtained, but do not admit any fault.
  •       Get identifying information from any witnesses.
  •       If the motorcycle driver or passenger injured, seek medical attention immediately – Often the degree of injuries       from a motorcycle accident are not immediately apparent, but surface hours to days later.
  •       Obtain copies of the medical report(s).  Carefully adhere to all directions and  follow-up instructions from medical       professions.   
  •       Notify your insurance company of the accident without admitting fault.
  •       Seek competent legal representation and advice. A good attorney will be much more effective at dealing with       insurance companies than a layperson.

It is particularly important to get legal representation when serious injuries or death occurs. Aside from the human costs, the financial costs of long term care for a motorcycle accident victim–  or the costs of losing a breadwinner to a fatal motorcycle accident – are astronomical.  Compensation must be sought for physical and mental injuries, medical expenses, property damage, loss of earnings, property damage, long term care and/or wrongful death.

At Goldberg Law offices, we have over 18 years of experience im helping victims of motorcycle accidents and their families. We know how to bring claims for property damages, injuries or even death– knowing that while money alone cannot  replace those so tragically taken, it can help ease future burdens of those who remain.  We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any responsible party for payment due– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to seriously discuss a potential claim involving injury and/or death from an automobile accident. Victims of motorcycle accidents and their families deserve compensation– and the best legal team to fight for them.  However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short. We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Don’t let the compensation you and your family may be entitled to lapse for failure to timely file your claim. Please call today to discuss a potential motorcycle accident claim at no cost to you.

BOATING ACCIDENTS

Boating, an ancient form of transportation, remains popular today for recreation today.  What could be more relaxing that bobbling across lazy  waves on a warm sunny day, relishing  the breeze while captaining or enjoying a peaceful boat ride? But like any moving vehicle, boat travel has risks.

A boating trip can change from weekend fun to a catastrophe in a split second.  According to the U.S. Coast Guard, there are over 140,000 boating accidents, 75,000 serious injuries, and 1400 deaths annually on American waterways. The most frequent types of boats to be involved in accidents are powerboats–runabouts, cabin cruisers and jet skis.  The most common causes of serious injury are from boat collisions and  propeller accidents.  The commonest causes of boating death are boat collisions or being jettisoned from the water craft and drowning.  The most common types of boating accidents reported are:

  •              Collisions with another boat, dock, or underwater obstacle
  •              Capsizing
  •              Falls overboard
  •              Fire and/or Explosion
  •              Flooding and/or Sinking
  •              Disappearance

Boat accidents occur on all size craft from jet skis to cruise ships.  They most common reasons for boating accidents include:

  •             Inexperience of the Boat captain
  •             Disregarding Speed Zones
  •             Disregarding Signal Horns
  •             Malfunctioning Boat Lights
  •             Intoxicated Boater (BWI)
  •             Unsafe water waves; Storms; High Seas

There are Federal Regulation, enforced by the U.S. Coast Guard,  as to when boating accidents must be reported.  A “Boating Accident Report” must be filed when:

  •              A boat occupant dies in a boating accident
  •              A boat occupant is injured and requires medical assistance beyond first aid
  •              A person on board a boat disappears
  •              A boat causes at least $500 damage to another boat or other property

In the case of death, the report must be filed within 24 hours, for serious injury 48 hours, and for property damage exceeding $500 within 10 days after the accident.  When a boating accident occurs, important things to do as a captain include:

  •             Tend to safety and getting medical help for the injured.  Call local waterway Emergency
  •             Services; use a lifeboat or floatation device when necessary if and one is available.
  •            Try to get identification and insurance information from others involved in the accident.  If they do will not             divulge it to you, have the authorities get it for you.  
  •             Make sure an official report is obtained, but do not admit any fault.
  •             If you or a family member are (or may be) injured, seek medical attention immediately – and get a copies of             the medical report(s).  Carefully adhere to all directions and  follow-up instructions from medical professions.
  •             Notify your insurance company of the accident without admitting fault.
  •             File the  necessary Boating Accident Reports (as above).
  •             Seek competent legal representation and advice. A good attorney will be much more effective at dealing with             insurance companies than a layperson.

 At Goldberg Law offices, we have over 18 years of experience in helping victims of  all types of accidents and their families. We know how to bring claims for property damages, injuries or even death– knowing that while money alone cannot  replace those so tragically taken, it can help ease future burdens of those who remain.  We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any responsible party for payment due– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury  and/or death from a boating accident. Victims of boating accidents and their families deserve compensation– and the best legal team to fight for them.  However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Don’t let the compensation you and your family may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential boating accident claim at no cost to you.

UNSAFE PRODUCTS

We are fortunate to live in an age of technological marvels designed to ease daily living.  From microchip technology to jumbo jets, we have seen an explosion in gadgetry for saving labor, enhancing convenience, facilitating communication–  and for just plain fun. Naturally, we rely on the designers, manufacturers, and distributors of these products to ensure that they are safe– and have adequate labeling instructions and warnings about any potential dangers with their use.  In the interests of public safety, Federal and State laws require consumer and workplace products to be reasonably safe when marketed. Nonetheless, there are over 15,000 products reported as unsafe each year in the U.S.–  putting every consumer and worker at substantial risk of injury or death.

There is a great motivation to bring new products to consumers– profit.  While there is nothing wrong with making money from a new product which helps people, the profit motive may also lead to cutting corners and skimping on safety. Designers and Manufacturers of new products have to deal with cost-containment issues– there comes a point where making a product yet safer does not justify the expense.  Producers of products must draw the line somewhere on much to spend making a potentially dangerous product safe.  If it proves unsafe and a purchaser is maimed or killed,  that loss must fall somewhere. According the U.S. Consumer Product Safety Commission, Product Safety failures are estimated to cost $700 BILLION per year.  The fairest place to put these losses  is on the Designers, Manufacturers and/or Distributers– who purchase insurance to cover the costs of injuries, damage or death from using their product consistent with it’s instructions.

Product safety issues may arise from bad design, defective materials, improper manufacture, inadequate warning labels, substandard packaging, contamination and/or spoilage.  When these problems are foreseeable, yet happen anyway, it means negligence is involved– and those severely injured or killed because of negligence causing a bad product deserve compensation for themselves and/or their families.  Examples of Unsafe Products include:   

  • Sports Utility Vehicles that rollover when turning
  • Appliances that catch on fire from poor wiring
  • Infant pajamas and blankets that are highly flammable
  • Cleaning fluids that release chlorine gas when mixed
  • Lighters and aerosol cans which explode
  • Pain with lead or arsenic
  • Machines without proper machine guards
  • Toxic chemicals and drugs in non-child safe containers
  • Defective Tires
  • Food poisoning

At Goldberg Law offices, we have over 18 years of experience in helping victims of Unsafe Products and their families. We know how to bring claims for product injuries– when the Manufacturer is oversees it’s U.S. Distributor assumes liability for all dangerous products they inject into the American marketplace. We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any Manufacturer or Distributor of Unsafe Products– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury of death from an Unsafe Product. Victims of Dangerous Products and their Families deserve compensation– and the best legal team to fight for them. However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.   Don’t let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential claim at no cost to you.

Medtronic, Inc. Sprint Fidelis Leads

Medtronic Inc., the world's largest makers of electronic heart devices, has withdrawn its sprint Fidel is leads from distribution.  These leads, or wires, that connect implantable deffibrillators to the heart, can break or erode, thereby increasing the risk of serious injury.  According to the FDA, "deaths and major complications have occurred" as a result of these faulty leads.

At Goldberg Law Offices, we are well aware of the extremely deleterious effect of these defective products, and are working with a national litigation group that is already representing individuals implanted with the Medtronic Sprint Fidelis leads #6930, 6931, 6948, and 6949.  It is our intention to harness the deep resources of our firms to take Medtronic to task for jeopardizing peoples lives with no functioning medical devices.

TOXIC TORT

Every manufacturing process has by-products and waste which must be disposed of properly.  Waste products have varying degrees of toxicity– meaning how poisonous they are.  The more dangerous the waste, the more expensive it is to dispose of. Sadly, some, companies,  in pursuit of profit, dispose of hazardous wastes the cheapest way possible— burying them on the factory properly, carting them to a wilderness area or simply dumping them into a nearby stream. Improper methods of disposal virtually guarantee that people in the vicinity, or downstream, will  be exposed to toxic wastes sooner or later. Depending on how poisonous the wastes, the degree and duration of exposure, and the sensitivity of those exposed, repercussions ranging from fleeting ailments to profound illness and/or death may occur.  When victims and/or their families suffer and even die from toxic exposure, the real costs of haphazard toxic waste disposal come to light.

Damages from exposure to toxic wastes may take years to manifest– often an Cancers and Leukemias.  When patients present with these illnesses, treating Physicians look for risk factors to explain why the condition arose.  Exposure to certain toxins is strongly linked to development of specific Cancers and Leukemias– and when a number of individuals, or “cluster” from a particular town presents with these ailments, it behooves the doctor to inquire about toxic exposure and factories in the vicinity that are (or have been) releasing cancer-causing toxins into the environment.

If a victim can show, through medical and legal proof,  that the best explanation for their illness was toxic exposure from a particular company’s unsafe disposal policies, that company should be held responsible.  To do this generally requires filing a lawsuit– in effort to get deserved compensation to help the victim and/or their family with damages they have incurred.  These damages may include medical bills, loss of work, pain and suffering, and even wrongful death.  When brought by a victim and/or their family, this type of legal action is called a “Toxic Tort.” Industrial Toxins strongly linked to severe illnesses include:

  • Asbestos causing Mesothelioma Cancer in the Lungs or elsewhere
  • Benzene causing Leukemias– including AML, ALL, CML, CLL, or HCL
  • Aniline Dyes causing Bladder and Kidney Cancers
  • Radiation Exposure causing Leukemias, Thyroid Cancer and/or Lung Cancer
  • Toxic Gases, such as Chlorine, causing Lung Damage
  • Lead exposure causing Brain Damage
  • Pesticides causing Nervous System Ailments and/or Cancers
  • Nickel and Chromium exposure causing Head and Neck Cancers

At Goldberg Law offices, we have over 18 years of experience in helping victims of Toxic Exposure and their families. We know how to bring claims for damages– even when the Manufacturer has since cleaned up their operations or closed their doors. We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any business that has released toxic wastes and caused damages thereby– no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving illness or death from exposure to Toxic Wastes. Victims of Toxic Exposure and their Families deserve compensation– and the best legal team to fight for them. However, any potential claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.   Don’t let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential claim at no cost to you.

AIRPLANE CRASH

An aviation accident is an occurrence on board an aircraft resulting in injury or death to one or more persons. The U.S. National Transportation Safety Board definition of an aviation accident is as follows:

An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.

An aviation incident is an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.

Other countries adopt a similar approach, although there are minor variations, such as to the extent of aviation-related operations on the ground, covered, as well as with respect to the thresholds beyond which an injury is considered serious or the damage is considered substantial. A hull-loss accident is one where the damage to the plane is such that it must be written off, or in which the plane is totally destroyed.

History

Since the birth of flight, aircraft have crashed, often with serious consequences. This is because of the unforgiving nature of flight, where a relatively insubstantial medium, air, supports a significant mass. Should this support fail, there is limited opportunity for a good outcome. Because of this, aircraft design is concerned with minimizing the chance of failure, and pilots are trained with safety a primary consideration. Despite this, accidents still occur, though statistically flying is nowadays an extremely safe form of transportation. In fact, the relative rarity of incidents, coupled with the often dramatic outcome, is one reason why they still make headline news. Nevertheless, while the odds of actually getting caught in a plane crash are nowadays distinctly low compared to other means of transportation. It is a myth that the chances of not surviving such a disaster are notably higher, recent reports illustrate that 95% airline accidents are surviable.

Causes

Approximately 80 percent of all aviation accidents occur shortly before, after, or during takeoff or landing, and are typically the result of human error and/or unregarded technical problems within an aircraft; mid-flight disasters are rare and makeup 6% of incidents. Among other things, the latter have been caused by bombs as in the 1988 Lockerbie incident, mid-air collisions such as in the 2002 Überlingen crash or in cases of (purportedly) mistaken identity where civilian aircraft were shot down by military (compare Korean Air Flight 007).

An accident survey [1] of 2,147 aircraft accidents from 1950 through 2004 determined the causes to be as follows:

  • 45%: Pilot error
  • 33%: Undetermined or missing in the record
  • 13%: Mechanical failure
  • 7%: Weather
  • 5%: Sabotage (bombs, hijackings, shoot-downs)
  • 4%: Other human error (air traffic controller error, improper loading of aircraft, improper maintenance, fuel contamination, language miscommunication etc.)
  • 1%: Other cause

The survey excluded military, private, and charter aircraft.

A study by Boeing [2] (page 19) determined the primary cause of Airline hull loss accidents (worldwide commercial jet fleet) from 1996 through 2005, to be:

  • 55%: Flight Crew error
  • 17%: Airplane
  • 13%: Weather
  • 7%: Misc./Other
  • 5%: ATC
  • 3%: Maintenance

That study included 183 accidents, with known causes for 134 of them. The remaining 49 were unknown, or awaiting final reports.

Previous Boeing studies showed higher rates for Flight Crew Error:

  • 70%: 1988 - 1997
  • 67%: 1990 - 1999
  • 66%: 1992 - 2001
  • 62%: 1994 - 2003
  • 56%: 1995 - 2004

Safety

Safety has improved greatly since the early days of aviation. The two major aircraft manufacturers, Boeing and Airbus, have both made safety a major selling point, because a poor safety record would be a threat to their corporate survival. Consequently safety equipment for aviation is now a billion-dollar industry in its own right.

Some major safety improvements in commercial aircraft have included:

  • Multiple redundancy in all critical systems and manual back-up such as landing gear that can be lowered even after loss of power and hydraulics
  • Avionicssuch as Airborne Collision Avoidance Systems and other computerized warning systems.
  • Enginereliability improvements
  • Evacuation slides - to aid rapid passenger exit from aircraft in emergencies
  • Better training of flight crews using flight simulators
  • Greater understanding of human behavior of pilots and ground crews

In comparison with other forms of transport, air has a far lower risk of death per passenger mile than road. It however remains significantly less safe than rail.[3]

Investigatory agencies

In the United States, many civil aviation incidents have been investigated by the National Transportation Safety Board. When investigating an aviation disaster, NTSB investigators piece together evidence from the crash and determine the likely cause(s).

Safety experts tell us that commercial airlines are the safest mode of travel.  It is amazing that flying 5 miles high at  600 miles per hour in a giant aluminum cigar is safer than ground travel– although there are no fender-benders in the sky!  It is somewhat riskier to fly in small private aircraft and helicopters– but still safer than ground travel.  No wonder than literally millions of Americans fly the friendly skies every day.

While relatively rare in the U.S., air disasters pose a terrible tragedy for the victims and their families.  Survivors of aviation accidents are often horribly scarred and disabled for life.  When a victim perishes in an air disaster, there may be no body for the loved ones to claim for the funeral.  A gaping hole is torn is the lives of the victim’s family– who may never fully recover from their grief.  If the victim was a breadwinner for the family, financial stress may quickly mount– compounding the overwhelming sense of loss.

Aside from terrorist sabotage, the cause of an aviation disaster is usually unclear until full investigation is completed.  But there is always a cause–  whether relatively obvious or highly elusive. The Federal Aviation Administration (FAA) is charged with developing safeguards and overseeing aviation safety– for both commercial and private flights.  The National Transportation Safety Board (NTSB) is responsible for investigating every civil aircraft accident and recommending safety standards to prevent future accidents. Causes of aviation accidents include:    

  • Defective design of the aircraft
  • Defective manufacture of the aircraft
  • Unaddressed structural problems
  • Negligence in proper maintenance
  • Faulty equipment
  • Faulty instructions
  • Inadequate training
  • Pilot error; illness, fatigue and/or incompetence
  • FAA Regulation Violations
  • Dangerous cargo
  • Negligence of Air Traffic Control instructions
  • Negligence in a third party's selection of a carrier

Nothing can bring back or fully restore the victim of an aviation accident.  Nonetheless, when an aviation accident occurs through negligence, the victim and/or their family should be compensated–   insofar as money alone is capable of helping ease their burden.  However, receiving just compensation usually  requires initiating a legal action against those responsible for the accident.

Aviation litigation is complex.  There are many theories of liability under state law, federal law, and even international law. The aircraft’s designer, marketer, owner, operator, and maintenance suppliers may share liability– and proving who should pay in settlement or court proceedings  requires a seasoned and sophisticated trial lawyer.   

At Goldberg Law offices, we have over 18 years of experience in helping victims of aviation accidents or their families. We know how to bring effective claims against those responsible for the accident. We have a full-time physician on staff to review the nature of the injuries or manner of death, along with expert aviation consultants to help prepare your case for trial or settlement. We are not afraid to go up against any aircraft manufacturer, airline company, or other responsible party.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury of death from an aviation accident. Victims of tragic accidents and their families deserve full compensation– and the best legal team to fight for them. Note, however, any potential claim must be filed within the applicable Statutes of Limitation– which are very short for injury and wrongful death actions.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Please don’t  let the compensation you may be entitled to lapse for failure to file your claim in a timely fashion!  We take pride in providing victims of aviation accidents with the highest quality representation.  Please call today to discuss your potential claim with an experienced lawyer-- at no cost to you.

DOG ATTACKS

Dog is called “man’s best friends” and usually is– until their bark is worse than their bite!  According to the U.S. Center for Disease Control and Prevention, nearly 2% of the U.S. population is bitten by a dog each year.  This amounts to nearly 5 million dog bite victims per year– most of whom are children!  Over the past 10 years, the number of dogs in U.S. households has risen 3%– while the number of reported dog bites treated in Emergency Rooms has skyrocketed by 33%. About 1000 dog bit victims per day are seen in Hospital Emergency Rooms.  Dog bite losses in the U.S. exceed 1 Billion dollars per year, with nearly $350 Million paid out by homeowner’s insurance companies– increasing each year. For many reasons, we are seeing an epidemic of dog bites victims.

According to experts in canine behavior, dogs bite for many reasons.  These include:

  • Fear to protect their territory
  • To establish dominance
  • Being abused and becoming vicious
  • Owners mis-training dogs that biting is a form of play
  • Seeing people, and particularly small children, as “prey”

Dog attacks on humans, including those which have resulted in the death of the victim, have become increasingly common in the late 20th and early 21st centuries. There is much debate over whether the attacks can be blamed on the prevalence of certain breeds of dogs or whether they are due primarily to the actions or inactions of the dogs' owners.

Overview

After thousands of years of domestication and selective breeding for dogs who do not show aggression towards humans, most dogs are unlikely to attack people. However, provocation can range from something as seemingly innocuous as a toddler pulling a dog's tail, in which case the dog might nip to discourage the behavior, to something completely undetectable to humans, such as an odor or a movement that sets a dog off, to blatant human aggression or violence towards a dog, causing it to defend itself. There are hundreds of shades of provocation; it is not always a black and white case as to why a dog might attack a human.

Dogs can inflict serious, sometimes fatal, injury to humans. As evidenced by their attacks on other animals, both wild and domestic, dogs are superpredators, though tamer (and usually weaker) than the wolves from which they descended. Their sharp teeth and powerful jaws can inflict serious injuries; their sharp claws have powerful muscles behind them. Scratches from dogs are easily infected. A boisterous dog of adequate size can knock down a person and possibly cause serious injury despite there being no malicious intent on the part of the animal. A single large dog, or a group of medium-sized dogs, is capable of seriously injuring or killing an adult human.

Note that dogs can exhibit aggression towards other dogs without ever exhibiting aggression toward humans. These are generally accepted to be separate traits.

Human-dog interaction

Education for adults and children, animal training, selective breeding for temperament, and society's intolerance for dangerous animals combine to reduce the incidence of attacks and accidents involving humans and dogs. However, improperly managed confrontations can lead to severe injury from even the most well-tempered dog, much like most humans can be incited to violence given sufficient provocation.

There are many signs that a dog is about to attack, such as barks. A wagging tail indicates an attempt to communicate excitement, but a territorial dog may wag its tail at a chance to defend its home. A highly disturbed dog may sometimes emit confusing or misleading signals, yelping or jumping.

Human behavior as provocation

Most human behavior (especially by people unfamiliar with dogs) can potentially evoke a predatory or aggressive response from some dogs. Not every dog responds to all or even any of these behaviors with aggression. However, some do. These behaviors include:

  • Approaching fighting dogs or trying to break up the fight.
  • Attacking a dog or its companions (which could be humans or even cats as well as other dogs), or acting in a manner that the dog perceives as an attack (for example, a sudden enthusiastic hug or inadvertently stepping on any portion of the dog's anatomy, such as a paw or tail).
  • Attempting to take food away from a dog, or moving towards a dog's food or between a dog and its food, even inadvertently.
  • Threatening a puppy in the presence of an adult dog, especially its mother.
  • Looking a dog directly in the eyes. In dog communication, this is an act of dominance or aggression. This is more dangerous when on the same visual level as the dog (such as small children), or when the human is unfamiliar to the dog.
  • Approaching a sick or injured dog. Note that older dogs, like people, often become "cranky" and develop a tendency to become "snappish".
  • Related to the previous point, failure to recognize a dog showing signs of insecurity or fear and continuing whatever behavior is causing the dog's anxiety to increase, until "fear biting" occurs. Again, an older or chronically infirm dog is liable to develop feelings of vulnerability and anxiety, and therefore become less tolerant and more aggressive.
  • Running away from a dog: the atavistic chase-and-catch instinct is not fully lost, and most dogs can outrun and overtake the average human.
  • Similarly, the natural instinct to jerk one's hands upwards away from an inquisitive dog often elicits in the dog a strong impulse to grab and hold, or at least to investigate, resulting in the dog jumping on the person and thrusting its head towards the raised hands.
  • Ignoring "Beware of Dog" signs: trained attack dogs, unlike most dogs, may attack an intruder without warning.
  • Startling a resting or sleeping dog.
  • Entering a dog's "territory" and behaving in an unfamiliar pattern or being unfamiliar to the dog. The dog's territorialism, powerful senses, and latent ferocity makes almost any dog, irrespective of size, a powerful deterrent to burglars. The territory that a dog recognizes as its own may not coincide with the property lines that its owner and the legal authorities recognize such as the inside of a neighbor's home

Many adoption agencies test for certain aggressive behaviours in dogs, and destroy any animal that shows certain types of aggression.

Child safety

Even dogs considered to be "family-friendly", such as Golden Retrievers, are capable of biting a child. A parent would rarely leave a child alone with an unknown pitbull, but people forget that even a cute dog is still a dog. Just because a dog typically has a good temperament does not mean that it is safe to leave a child alone with it. Since children are most easily harmed by dogs, there are a few steps that can be taken to ensure no harm comes to a child, or to the dog by extension:

  • Teach your child never to approach a dog that they don't know.
  • Always ask the owner if you can pet their dog. Owners know the temperament of their dogs.
  • Approach dogs from the front. They could be startled if approached from behind and at the least may knock you over.
  • Refrain from making sudden jerky movements. This could make the dog think you are playing or being aggressive.
  • Never let a child play unsupervised with an adult dog or puppy, yours or a neighbor's. An accident only takes few seconds.
  • Intervene and stop play if it looks too rambunctious or boisterous. Children aren't as durable as puppies. Puppies regularly bite as a part of regular play with other puppies.
  • Always watch children to see what they are doing with the dog, and if what they are doing is dangerous or not.

Training and aggression

In a domestic situation, canine aggression is normally suppressed. Exceptions are if the dog is feral, trained to attack intruders, threatened, or provoked. It is important to remember that dogs are predators by nature and instinct is something that never completely disappears. It is possible to acclimatize a dog to common human situations in order to avoid adverse reactions by a pet. Dog experts advocate removal of a dog's food, startling a dog, and performing sudden movements in a controlled setting to train out aggressive impulses in common situations. This also allows better animal care since owners may now remove an article directly from a dog's mouth, or transport a wounded pet to seek medical attention.

Small children are especially prone to provoking dogs, in part this is because their size and movements can be similar to prey. Also, young children may unintentionally provoke a dog (pulling on ears or tails is common, as is surprising a sleeping dog) because of their inexperience. Because of a dog's pack instincts, more dominant dogs may view children or even adults as rivals rather than as superiors, and attempt to establish dominance by physical means. Any attempt at dominance behavior, no matter how tentative, should be extremely firmly discouraged as early as possible, to affirm to the dog that all humans are pack superiors. To avoid potential conflicts, even reliably well-behaved children and dogs should not be allowed to interact in the absence of adult supervision.

Dogs with strong chase instincts, especially shepherds, may fail to recognize a human being in its entirety. They may fixate on specific aspect of the person, such as a fast-moving, brightly colored shoe, as a prey object. This is probably the cause for the majority of non-aggressive dogs chasing cyclists and runners. In these cases, if the individual stops, it immediately loses interest since the prey has stopped. This is not always the case, and aggressive dogs might take the opportunity to attack.

Additionally, most dogs who bark aggressively at strangers, particularly when not on "their" territory, will flee if the stranger challenges it. Conversely, there is always the danger of the occasional dog who will stand its ground and escalate the situation.

Breed-specific attacks

When a dog is near humans it becomes less aggressive. This is because it is familiarised with human beings and is less likely to attack. But don't assume that because it has been with many humans it will not attack you. That is not true! If it feels that you are a potential threat it will attack. So even though it becomes less aggressive, it is still a strange dog and you should not approach it. But some dogs are different as you will read in the next few paragraphs so don't assume that all dogs are friendly because of familiar interaction with humans.

Dog attacks on humans that appear most often in the news are those that require the hospitalization of the victim or those in which the victim is killed. Although it is possible for small dogs to seriously maul or kill humans, it is more difficult for them to do so than it is for large, muscular breeds.

Some large breeds have surged in popularity in recent years, such as pit bull-type dogs, Rottweilers, and other similar muscular breeds. Not unexpectedly, attacks involving such breeds have also become more common. This has occurred historically; for example, when German Shepherd Dogs were among the most common breeds chosen as pets, attacks by German Shepherds also increased. As a result, many countries and municipalities have enacted breed-specific legislation in an attempt to prevent additional attacks from the dogs perceived to be dangerous.

Considerable controversy reigns about such legislation. Proponents might argue that pit bulls and certain other breeds are inherently aggressive towards humans and shouldn't be allowed at all, or they might simply argue that since the breed is so popular, they are often owned by irresponsible owners who provide insufficient training or, worse, aggressiveness training, and that controlling the breed is the best way to control the irresponsible owners.

Opponents might argue that no breed is inherently aggressive towards humans or that regulating one breed simply moves the irresponsible owners to start focusing on breeds that haven't yet been regulated, moving the problem to other breeds.

It is extremely difficult to establish the inherent human aggressiveness of a breed in general. To establish meaningful results, research would have to consider such factors as the following:

  • What proportion of a breed's owners are knowledgeable about dog training? When a breed's popularity increases, it might be more likely to be the first choice among owners with no previous experience with dogs because it's the breed with which they're familiar. Novice owners might not know how to properly socialize a dog of any breed.
  • What proportion of owners deliberately encourage aggression in their dogs, or keep their dogs in a manner which fosters aggressive traits? This would be a difficult number to discover, because it seems likely that not many owners would readily admit to it. Also even though it may not be intended to train a dog to be aggressive, it is well documented that many dog owners do inadvertently teach a dog to think of itself as dominant.
  • What proportion of dogs involved in acts of human aggression came from a known mother or father who exhibited human aggression? This can happen in any breed, and responsible breeders would generally not breed such a dog. However, as a breed's popularity increases, people who know nothing about breeding or genetics (or who don't care) might breed dogs who otherwise shouldn't be bred.
  • What proportion of that breed in the community exhibits human aggression? For example, if there were 5,000 pit bulls in a given area, and 5 attacked humans during the previous year, but there were 100 of some other breed in the same area and 5 also attacked humans, statistics would suggest that the other breed is a far more aggressive breed than pit bulls, with 4,995 pit bulls behaving quite decently. Most statistics published show only the number of dogs of various breeds involved in attacks, not the percentage of dogs of that breed in the area who were involved in attacks. Any popular breed is more likely to show up with more attacks because there are simply more dogs.

One approach that acknowledges that it's hard to determine the dangerousness of a specific breed takes the strategy of regulating all dogs over a certain size or weight, which would greatly reduce the chance of a dog being large enough to inflict serious harm. This, of course, would remove from circulation most of the hundreds of breeds available in the world today, most of whom would never deliberately harm a human.

Although research and analysis suggests that breed-specific legislation is not effective in preventing dog attacks, with each new attack, pressure mounts to enact such legislation, despite indications that dangerous dog legislation would be more effective—that is, focusing on specific individual dogs having exhibited signs of human aggression. The controversy is bound to continue.

Specific examples

For example, the U.S. Centers for Disease Control and Prevention reported in 1997 that fatal attacks by Rottweilers rose fairly steadily from 0 in 1979 to 10 per year in 1995 and 1996. During the same time, fatalities from pit bulls peaked in the mid-1980s and have been declining since to only 3 in 1996; however, if one were to look only at the total number of fatalities over those 18 years, it would appear that the pit bull was the bigger threat, when in fact Rottweilers were currently a more common attacker.

However, it is interesting to note that AKC registration of Rottweilers rose from 27th most popular in 1982, with just over 9,000 dogs of that breed registered[5], to second most popular in 1996, with roughly 90,000 dogs registered. That doesn't account for the possibly hundreds of thousands of Rottweilers not registered with the AKC. With this many dogs of a single breed in the country, it is not surprising that there were some attacks on humans. However, even if one were to ignore all the hundreds of thousands of non-AKC Rottweilers, 10 out of 90,000 dogs is one one-hundredths of one percent of Rottweilers involved in fatal attacks on humans. One might question whether that proves that this breed is inherently dangerous and should be regulated by legislation.

By the same token, "pit bull" is a term often used to lump several similar-looking breeds. Many people have difficulty distinguishing one broad-faced, muscular breed from another. It is difficult to track the registration of the "pit bull" during the same time period.

Legal issues (United States)

Although using a firearm against an attacking dog may seem acceptable, laws in the United States which prohibit cruelty to animals, discharging a firearm in a city, and reckless endangerment may limit the extent to which a person is legally able to defend themselves in this way. There will generally be no legal defence to taking such action where the dogs involved were not acting aggressively towards humans.

A dog owner assumes liability when their dog bites for any of the above reasons.  In fact, dog bites are one of the few areas of “strict liability,”– meaning that the owner is automatically responsible, with very few defenses to avoid paying their dog’s victim. Even if the dog has never bitten before, the owner is still liable– and more so if it has. If one harbors a dangerous dog on their property, and a child “trespasses” out of curiosity and is bitten, the owner is liable.  If a persons disclaims ownership of a dog they let go free, they remain liable for dog bite injuries.  One thin exception to liability is where an adult physically baits or abuses the animal– but this is a rarity.

If you or a family member is bitten by a dog, the owner is generally responsible to damages– including medical bills, loss of income, emotional damage, and residual disfigurement.  It is important to get at least basic information about the dog owner– including their name and address. Obtain a Police Report if appropriate. Save copies of treatment reports from any Medical Facility, and take pictures of the bite for your records.  A claim can be made against various insurance policies, depending upon the circumstances. These include the dog owner’s Homeowners Insurance, Renter’s Insurance, Landlord’s Insurance, Commercial Insurance, Employee Insurance and even Motor Vehicle Insurance.  A competent attorney will know how to make a demand of each possible source of payment in effort to obtain full compensation for dog bite injuries.      

At Goldberg Law offices, we have over 18 years of experience in helping victims of dog bites and their families. We know how to bring effective claims for dog bite victims. We have a full-time physician on staff to review the nature of the injuries sustained, and expert consultants to help prepare a dog bite  case for trial or settlement. We are not afraid to go up against any dog owner– no matter how non-cooperative or threatening they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury of death from a dog bite. Victims of dog bites and their Families deserve compensation– and the best legal team to fight for them.  However, any potential dog bite claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.   Don’t let the compensation you and/or your loved ones may be entitled to lapse for failure to file a claim in a timely fashion!  Please call today to discuss your potential dog bite  claim at no cost to you.

LETTER CARRIERS AND DOG BITES

A Postal Worker delivering mail is expected to trudge through snow, sleet, hail, wind and rain– but becoming a dog bite victim is not part of the job description.  According to the U.S. Postal Service, about 3300 U.S. Letter Carriers suffer substantial dog bites each year– with some bitten  severely.  Postal Workers are just doing their jobs –   no dog should get a “free bite” at a Letter Carrier’s expense!

Most every U.S. household received mail.  Over the past 10 years, the number of dogs in U.S. households has risen 3%– while the number of reported dog bites treated in Emergency Rooms has skyrocketed by 33%. Overall about 1000 dog bit victims per day are seen in Hospital Emergency Rooms. Dog bite losses in the U.S. exceed 1 Billion dollars per year, with nearly $350 Million paid out by homeowner’s insurance companies– increasing each year. For many reasons, we are seeing an epidemic of dog bites victims.  For Postal Workers, many of the bites occur at the homeowner’s doorstep–  according to Letter Carriers who help sponsor the National Dog Bite Prevention Week each May.

According to experts in canine behavior, dogs bite Postal Workers  for many reasons.  These include:

  • Fear to protect their territory
  • To establish dominance
  • Being abused and becoming vicious
  • Owner’s mis-training dogs that biting is a form of play
  • Seeing the Letter Carrier as “prey.”

A dog owner assumes liability when their dog bites for any of the above reasons.  In fact, dog bites are one of the few areas of “strict liability,”– meaning that the owner is automatically responsible, with very few defenses to avoid paying their dog’s victim. Even if the dog has never bitten before, the owner is still liable– and more so if it has.  If the Postal Worker is perceived as a “trespasser,” the owner is liable.  No matter how well an owner has restrained the dog, if it gets free and bites, the owner is responsible.  Even if a persons disclaims ownership of a dog they let go free, they remain liable for a Letter Carrier’s injuries. Nothing short of a Letter Carrier physically baiting and abusing a dog is any defense to a victim’s dog bite claim.

A Postal Worker and/or their family is entitled to compensation for a dog bite injury.  The dog owner’s responsibility includes payment for damages including  medical bills, loss of income, emotional damage, and any  residual disfigurement.  As a Postal Worker, if you are bitten, make and retain a report to your Supervisor. Obtain a Police Report if appropriate. Save copies of treatment reports from any Medical Facility, and take pictures of the bite for your records.  A claim can be made against various insurance policies, depending upon the circumstances. These include the dog owner’s Homeowners Insurance, Renter’s Insurance, Landlord’s Insurance, Commercial Insurance, Postal Employee Insurance and/or Disability Insurer. A competent attorney will know how to make a demand of each possible source of payment-- in effort to obtain full compensation for your dog bite injuries.        

At Goldberg Law offices, we have over 18 years of experience in helping victims of dog bites and their families.  There is no reason a Postal Worker should suffer an uncompensated dog bite while doing their job. We know how to bring effective claims for dog bite victims, and have a full-time physician on staff to review the nature of the injuries sustained. We are not afraid to go up against any dog owner– no matter how non-cooperative or threatening they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury of death from a dog bite.  As a Postal Worker or victim’s family member, you deserve the best legal team to fight for you. However, any potential dog bite claim must be filed within the applicable Statutes of Limitation– which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Don’t let the compensation you and/or your loved ones may be entitled to lapse for failure to file a claim in a timely fashion!  Please call today to discuss your potential dog bite claim at no cost to you.

WORKPLACE ACCIDENTS

Just a century ago, workers of all ages were routinely exposed to workplace hazards – with little concern for their safety. Some occupations, such as working in coal mines and talc factories,  were so dangerous that most employees were disabled or dead long before retirement age.  When tragedy struck, workers and their families had to fend for themselves – workers were exploited for as long as they were productive, and simply fired if they were crippled on the job.  Labor Unions were formed to help give some voice to workers abused, injured or killed while working.

Happily, employers today are much more attuned to worker safety issues – in large part because of government regulations and lawsuits from those injured,  or families of those killed on the job.  A worker can no longer be “let go” with no benefits when injured on the job, and employers of four or more people are obligated to pay Workers' Compensation Insurance premiums in all 50 States.  Still, workplace safety can always be improved – especially when working is dangerous owing to employer  “cost cutting” measures which skimp on worker safety.

The U.S. Department of Occupational Safety and Health Administration (OSHA) sets forth regulations, investigates workplace accidents, and monitors industrial worker safety.  OSHA was formed in 1971, and is credited with reducing workplace injuries by 40% and lowering on the job deaths by 60%.  However, workplace tragedies still occur.  Last year OSHA investigated fatalities at work where employees were strangled, beaten, burnt, shot, electrocuted, drowned and crushed to death.  Workers in high risk occupations such as farming, forestry, mining, construction, and chemical manufacture are exposed to greater risks – placing even more obligation on employers to help ensure workplace safety.  

Accidents may occur owing to simple negligence of an employer – in which case their Workers' Compensation premiums can shield them from worker claims (but not claims relating to suppliers, subcontractors, etc).  However, an employer’s conduct in causing or failing to prevent a foreseeable workplace accident may rise to the level of reckless or even intentional.  There may be “substantial certainty” that, over time,  an accident will occur.  If so, the employer is liable for damages over and above what Workers' Compensation pays the injured employee, or the death benefit due the victims family.  Examples of “substantial certainty” of an accident include:

  •     Failure to replace frayed, live wires resulting in electrocution
  •     Failure to alarm high pressure valves which explode
  •     Failure to ensure there are machine guards on industrial milling equipment
  •     Failure to replace worn and outdated machinery
  •     Failure to place safety railing on chemical mixing vats
  •     Failure to take proper fire safety precautions
  •     Failure to train employees about workplace safety procedures
  •     Failure to address a dangerous situation after one or more near accidents

It is crucial to retain a competent attorney when making a workplace accident claim against an employer, seeking over and above what is due from Workers' Compensation. At Goldberg Law offices, we have over 18 years of experience in helping victims of Workplace Accidents and their families. We know how to bring claims against an employer, and/or other responsible parties. We have a full-time physician on staff to review the nature of the injuries and technical consultants to help prepare your case for trial or settlement. We are not afraid to go up against any employer, supplier or subcontractor – no matter how large, wealthy or powerful they appear to be.

We offer no-charge consultation and will be happy to discuss a potential claim involving injury or death from a Workplace Accident. Victims of these tragedies and their Families deserve compensation– and the best legal team to fight for them. However, any potential claim must be filed within the applicable Statutes of Limitation – which are very short.  We can answer your questions about your claim and concerns about the time-frame in which to bring it.  Don’t let the compensation you and your family  may be entitled to lapse for failure to file your claim in a timely fashion!  Please call today to discuss your potential claim at no cost to you.

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