Weitz & Luxenberg Wins $1.5 Million for Injured Construction Worker
March 1, 2007, New York, NY— Construction is a high-hazard occupation, accounting for the third-highest rate of death by injury, according to the National Institute of Occupational Safety and Health. By law, employers are bound to mitigate the dangers inherent to the job wherever possible. This includes ensuring that the surrounding areas to the work site are safe for the construction team.
Unfortunately, this was not the case for a 47-year-old construction worker who fell off elevated train tracks on the Brooklyn Queens Expressway in New York City. Weitz & Luxenberg, P.C. filed a case (index no. 1752/03) in the County of Queens and in the Court of Claims against various defendants that were responsible for the construction project. This yielded a $1.5 million settlement the worker will now use to recover from the tragic and physically debilitating experience.
Nicholas Wise, a senior trial attorney with Weitz & Luxenberg, P.C., who negotiated the settlement and handled the case from its inception said, “While I am very pleased with the result in this particular case, I am at the same time very concerned that there is and has been a tremendous effort underway to repeal or amend the New York State Labor Law.” That law, Wise explained, affords construction workers special protections so as to ensure them a “reasonably safe” place to work.
Following his fall, the Woodside, Queens resident was bedridden for many months and is still recovering from his injuries. These include cervical and spinal cord damage, which necessitated two surgeries.
Fortunately, workers on construction sites in New York are given special legal rights under the New York Labor Law. Various sections of this law provide construction workers with the protections they deserve—to work at a safe construction site.
Those who have been harmed in work-related accidents may contact Weitz & Luxenberg by calling our Client Relations Department at 800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also visit our website: www.weitzlux.com
About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving personal injury, asbestos, DES, and silicone breast implants, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).
Tuesday, March 06, 2007
Weitz & Luxenberg Affirms Rights of Passengers Following Flight Debacles
A recent snowstorm on the East Coast has shaped into a crisis for JetBlue. On Valentine’s Day, the airline’s operational shortcomings due to the storm led to 1,096 canceled flights and thousands of stranded passengers. Many fliers were confined on planes at JFK International Airport as long as 10 hours. JetBlue said it will compensate customers for the delays with vouchers ranging from $25 to the full fare. Yet for the travelers trapped onboard with scant food, and having missed vacation and business events, this may seem paltry compensation.
“The amounts being offered to these unfortunate travelers is pitiful,” said Lawrence Goldhirsch, an attorney with the Negligence department at Weitz & Luxenberg, P.C. Goldhirsch, an expert in aviation law, is author of “The Warsaw Convention Annotated: A Legal Handbook,” considered by the legal community a bible for international aviation.
In a bid to win back its customer-service driven image, JetBlue publically instituted a Bill of Rights, which commits the company to compensate passengers for various kinds of flight disruptions. But that carrier isn’t alone in stranding flyers during inclement weather. American Airlines experienced similar delays in December when passengers rerouted from Dallas/Fort Worth International Airport during storms, sat on the tarmac at Austin-Bergstrom International Airport, with no food and dirty toilets.
These recent incidents recalls a similar scenario from 1999, when Northwest Airlines stranded passengers up to nine hours, ultimately settling a lawsuit including claims of “false imprisonment” for around $7 million. Flyers of the airline had spent hours on planes sitting on the tarmac in a snowstorm in Detroit. Allowing those planes to return to terminals to drop off passengers would have helped mitigate the discomfort, an error the aviation industry continues to make.
Goldhirsch pointed out that the US Department of Transportation does not have any limitation of damages that may be claimed by passengers for delay. “Only international passengers are limited by a treaty—the Montreal Convention—when they are delayed on such flights. Even in those cases, the limitation is approximately $4,500 per passenger, depending on the length of delay and other circumstances."
Those who have been affected by an aviation incident may contact Weitz & Luxenberg by calling our Client Relations Department at 800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also visit our website: www.weitzlux.com
About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving asbestos, DES, and silicone breast implants, medical malpractice, and general negligence among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).
A recent snowstorm on the East Coast has shaped into a crisis for JetBlue. On Valentine’s Day, the airline’s operational shortcomings due to the storm led to 1,096 canceled flights and thousands of stranded passengers. Many fliers were confined on planes at JFK International Airport as long as 10 hours. JetBlue said it will compensate customers for the delays with vouchers ranging from $25 to the full fare. Yet for the travelers trapped onboard with scant food, and having missed vacation and business events, this may seem paltry compensation.
“The amounts being offered to these unfortunate travelers is pitiful,” said Lawrence Goldhirsch, an attorney with the Negligence department at Weitz & Luxenberg, P.C. Goldhirsch, an expert in aviation law, is author of “The Warsaw Convention Annotated: A Legal Handbook,” considered by the legal community a bible for international aviation.
In a bid to win back its customer-service driven image, JetBlue publically instituted a Bill of Rights, which commits the company to compensate passengers for various kinds of flight disruptions. But that carrier isn’t alone in stranding flyers during inclement weather. American Airlines experienced similar delays in December when passengers rerouted from Dallas/Fort Worth International Airport during storms, sat on the tarmac at Austin-Bergstrom International Airport, with no food and dirty toilets.
These recent incidents recalls a similar scenario from 1999, when Northwest Airlines stranded passengers up to nine hours, ultimately settling a lawsuit including claims of “false imprisonment” for around $7 million. Flyers of the airline had spent hours on planes sitting on the tarmac in a snowstorm in Detroit. Allowing those planes to return to terminals to drop off passengers would have helped mitigate the discomfort, an error the aviation industry continues to make.
Goldhirsch pointed out that the US Department of Transportation does not have any limitation of damages that may be claimed by passengers for delay. “Only international passengers are limited by a treaty—the Montreal Convention—when they are delayed on such flights. Even in those cases, the limitation is approximately $4,500 per passenger, depending on the length of delay and other circumstances."
Those who have been affected by an aviation incident may contact Weitz & Luxenberg by calling our Client Relations Department at 800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also visit our website: www.weitzlux.com
About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving asbestos, DES, and silicone breast implants, medical malpractice, and general negligence among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).
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