The grim reality is, according to the U.S. Bureau of Labor Statistics (BLS), “From 2011 to 2017, the Census of Fatal Occupational Injuries (CFOI) reported 297 total crane-related deaths, an average of 42 per year over this 7-year period.” (1)
Additionally, CPWR — The Center for Construction Research and Training found, “More construction laborers were killed in crane-related incidents than any other trade, even operating engineers.” (2)
Also, many fatalities involving cranes occur in the private sector. BLS reports, “From 2011 to 2015, 42 percent of fatal work injuries involving cranes took place in the private construction industry.” (3)
BLS identifies five states where crane fatalities were highest: Texas, Florida, New York, California, and Illinois. (4)
One of New York City’s fatal crane mishaps occurred when a crane collapse killed one person and injured three others — two seriously. (5) But there have been plenty of construction-related accidents since then.
The New York City Department of Buildings warns, “A single accident may have multiple injuries and/or fatalities.” (6) Department data for 2020 showed a total of 484 construction related injuries and fatalities — including crane incidents — across all 5 boroughs, with 502 injuries and 8 deaths. Manhattan accounted for 277 of those accidents, with 289 injuries and 2 fatalities. (7)
If you were injured in a crane accident, a lawsuit can get you the compensation you deserve.
Get a Free Case ReviewOne of the reasons crane accidents can be so hazardous is because of where these cranes operate. They are used in the middle of the city, around existing buildings, putting car and pedestrian traffic at risk.
Some cranes are more prone to accidents than others. “Four main types of cranes have been associated with crane-related fatalities,” says the Electronic Library of Construction Occupational Safety & Health. (14)
No matter the type of crane, the cause of an accident is a critical piece of information in a lawsuit.
Crane accidents can result in severe injuries and fatalities to both workers and bystanders. (17) Mounting bills, lost wages, and lengthy recovery times are important factors to take into consideration when exploring your legal options.
Crane accident cases typically fall under negligence. The legal concept of negligence means a defendant (party being sued) has failed to behave with the “level of care that someone of ordinary prudence” would have exercised in a similar situation. (18)
When dealing with a crane accident, there may be multiple defendants responsible for your injury. It depends on whether a person or company was negligent.
For example, you are walking past a high rise building in the city. A crane is being used on top of the building. No signs are posted on the sidewalk to alert you of the potential hazard. Suddenly, the crane collapses and crashes down on you. You are seriously injured.
In this scenario, the building owners are negligent since they failed to post warning signs, something the owners are required to do. The building owners can be held accountable.
Also, upon investigation of the accident, the construction company records show the crane was not properly maintained. Regular inspections were not conducted. The construction company can be held responsible for your injuries.
Additionally, the crane operator may have failed to operate the collapsed crane properly. The operator could also be held accountable for your injuries.
Finally, the crane collapsed because of a defective boom. The manufacturer of the crane could be held accountable for the improper construction of the boom.
Consulting with an attorney is one of the best ways to advance your case and ensure an optimal outcome.
Were you or a loved one injured in a crane accident? You may be eligible for compensation.
(917) LAWYERSWeitz & Luxenberg has litigated numerous construction accident and personal injury cases. With nearly 40 years in practice, our firm has successfully represented our clients’ interests.
There were 12 catastrophic multiple-death fires and explosions in the U.S. during 2024, claiming the lives of 50 people, according to the National Fire Protection Association (NFPA). (2)
While NFPA tracks explosions and fires happening above ground, explosions are not limited to above-ground structures.
Beneath the streets of New York City (NYC) run a labyrinth of sewers, water systems, drains, and power and cable lines — as well as tunnels connecting subways and railroads. (3)
This infrastructure is frequently subject to fires, explosions, and flooding that inflict damage and serious harm. For example, the tossing of heavy manhole covers is a common hazard.
Underground fires and explosions are of special concern in winter. During this season, rock salt is used to melt ice and snow, and there are “freeze-thaw” weather cycles.
Con Edison maintains 4.5K miles of gas mains running throughout NYC. It has over 615,000 manholes, service boxes and transformer vaults in its underground electrical delivery system, serving 3.6 million New Yorkers. (4) (5)
More than 2,000 manhole events occur across the U.S. each year. It is a growing problem, reports the nonprofit energy industry trade association, Western Energy Institute. (6) According to the 2025 Mayor’s Management Report, there were 14,140 non-structural fires in 2024, with manhole fires among the types that saw some of the largest increases (15%). (7)
For example, in February 2026, a car parked over a manhole cover in New York City was incinerated as two manhole covers erupted in flames. Two people went to the hospital. The explosions resulted from an intersection of main gas and electric lines beneath the street. Hundreds of people in a nearby building had to be evacuated. (8)
Manhole cover explosions are not the only explosion hazard. Criminal activity, including domestic terrorism, is on the rise. Many city locations provide ideal targets for terrorists.
These explosions can cause damage, injury, and even death. Survivors of explosions often suffer severe injuries, including burns and face extensive medical treatments with lengthy recovery times.
If you or someone you know was injured in an explosion accident, a lawsuit can help you get the compensation you deserve.
Get a Free Case Review“Explosions may impact multiple organ systems through several mechanisms.” Victims of blast injury suffer multisystem trauma. “Blast injuries most commonly affect air-filled organs but can also result in severe cardiac and brain injury,” according to one study. (9)
Researchers noted, “Blast injury is a unique condition that carries a high rate of morbidity and mortality, often with mixed penetrating and blunt injuries.” (10)
Since explosion injuries are potentially so severe, it is important to examine the causes of explosions. This can provide a deeper understanding of these accidents and help determine who should be held accountable.
Explosions are the “rapid reactions that release energy in the form of heat, light, and sound,” says one online education platform. (14)
More precisely, an explosion is “a sudden increase in volume and release of energy in a violent manner, usually with the generation of high temperatures and the release of gases,” explains Southern Connecticut State University. (15)
Most residential explosions occur when operating equipment or appliances, or are due to gas — for example, leaks in heating systems. Also, some residential explosions may involve the improper disposal of ashes from fireplaces or smoking, or the incorrect storage of flammable materials.
Faulty wiring in buildings also can lead to explosions. As can the use of faulty recreational equipment — such as propane grills or outdoor fire pits — especially when being used on apartment balconies.
Industrial explosions can be caused by activities like welding, cutting, and grinding, when the sparks these produce land in unprotected areas. Or they may be due to electrical hazards, such as exposed wires, faulty wiring, or overloaded outlets and circuits. (18)
Another cause can be dust accumulation from activities like wood working and food processing combined with poor ventilation.
Likewise, overhead equipment and pipes that are under-insulated can lead to heat buildup, especially when operational temperatures rise. (19)
The cause of an explosion helps to determine who may be held accountable for the damage done and injuries sustained.
Were you injured in an explosion accident? Call us now for a free consultation.
(917) LAWYERSExplosion accident cases legally may fall under negligence. Negligence is a legal concept where a person or business fails to “behave with the level of care that a reasonable person would have exercised under the same circumstances.” (20)
Negligence is applied to situations where someone is hurt in an explosion because landlords or building owners failed to do something they should have. Examples include failure to properly install or maintain gas appliances.
It can also apply when employees or employers fail to follow safety regulations or proper procedures.
For example, you work for a utility company supplying gas to heat homes. The company has not done regular inspections or maintenance on the pipelines delivering the gas.
If an explosion occurs, homes are destroyed and people are injured, including workers like you. The company is liable for the damage and injuries because regular inspections and maintenance are safety measures required by law. The company failed to do them.
Another example might be if you work for a delivery company. A coworker is supposed to check the tires on the delivery vehicles every day, but forgot to check your tires one day.
While driving your route, one of your tires explodes. This causes you to crash and you are seriously injured. The company and your coworker can be held accountable.
Negligence cases are very complex and may take a long time to move through the legal process. Experienced attorneys can help make the process go more smoothly. They can also handle insurance claims, negotiate a settlement on your behalf, and represent you in court.
Weitz & Luxenberg has successfully represented clients in complex personal injury cases for nearly 40 years. We are proud to have helped clients secure compensation for the harm done to them.
Updated March 2026
U.S. fire departments responded to a fire every 23 seconds during 2023. (1) The National Fire Protection Association (NFPA) notes, “A home structure fire was reported every 95 seconds, while a home fire death occurred every three hours, and a home fire injury occurred every 52 minutes.” (2)
Of the 1.39 million estimated fires in the U.S. during 2023, there were 3,670 civilian deaths and 13,350 injuries. Property damage was estimated at $23 billion. (3)
Additionally, “Nearly one-quarter of the fires (24 percent) occurred in home properties, including one- or two-family homes and apartments or other multifamily housing, yet these fires caused more than three-quarters of the civilian fire deaths (79 percent) and injuries (77 percent).” (4)
In a 2024 New York City Mayor’s Management Report, the Fire Department indicated there were 19,544 structural residential fires, 4,465 structural nonresidential fires, and 12,260 nonstructural fires for the year. (5)
Of those fires, 1,959 were classified as serious fires and were alarm levels of “All Hands” or above. (6)
Alarming statistics like these raise questions about the different types, classifications, and causes of fires.
If you or a loved one were injured in a fire accident, contact us for a free case evaluation.
Get a Free Case ReviewFor tracking purposes, fires are often classified by where they occur (9): residential, nonresidential, and vehicle/outside.
The U.S. Fire Administration (USFA) tracks fire trends nationwide. The 2023 estimates are 344,600 residential fires 2,890 deaths and 10,400 residential fire injuries. (10)
Cooking (48.7%) was the leading cause of residential fires in 2023. Other top causes were unintentional/carelessness (9.2%), heating (8.1%), and electrical malfunction (6.9%), according to the U.S. Fire Administration. (12)
Overall U.S. home fire fatalities has reached 1,099 in the first part of 2025. (13)
USFA’s 2023 estimates for nonresidential fires was 110,000.
USFA also estimated 48.4% of nonresidential fires were outside fires and 13.1% were vehicles. (15) The causes of a both the vehicle and outside fires are numerous.
Vehicle fires were due to electrical issues, leaking fluids, mechanical failures, overheating engines, and cigarettes. (16)
Meanwhile, outside fires are caused primarily by human impact. That is, poorly maintained or operated vehicles, unattended campfires, debris and mulch pile burns, and smoking. (17)
The cause of a fire helps determine who bears legal responsibility for damage from the fire. In short, who has to pay.
For example, say you are driving a new car you purchased only two months ago. The engine catches fire and it causes you to have an accident.
Manufacturers can be held accountable for damage and injury from fires caused when their products malfunction during ordinary use or are defective. The manufacturer of the car likely has to pay for the damages, since you have not owned it for very long it is unlikely it failed due to a lack of regular maintenance.
As another example, let’s say your job as an electrician for a utility company requires you to work with electrical wires. Your supervisor is supposed to warn you when those wires are live.
One day, an electrical fire breaks out from wires you were not told were live. You are badly burned. Your injuries are so severe you cannot go back to your job. In this scenario, your company has to pay you compensation for your injuries, since they did not provide adequate supervision by warning you of the live wire danger.
No matter the causes of a fire, injuries can be serious, even fatal.
Fire injuries are some of the most damaging and painful injuries. Recovery is often long and expensive, involving multiple treatments over many years.
Are you suffering from an injury caused by a fire accident? You may be eligible for compensation.
(917) LAWYERSIf you have suffered serious injuries from a fire accident, you have legal options. An experienced attorney can help you explore those options and take the necessary steps to help you gain compensation for your suffering.
Fire accident injury cases can fall under negligence — a failure to “behave with the level of care that a reasonable person would have exercised under the same circumstances.” (21)
Negligence can refer to the actions of a person or business, but it can also refer to their failure to act. (22)
Landlords may be negligent in properly maintaining their property, equipment, electrical wiring, or smoke alarms. Another instance of negligence might be if you live in an apartment building without proper fire escape routes or fire extinguishers available.
An employer can also be negligent. Suppose your employer knows chemicals are being improperly stored in their plant, and these chemicals pose a fire hazard. Your employer has had plenty of time to correct the problem, but takes no action to do so, or inadequate corrections were made. Then a fire occurs.
Negligence cases can be complex, requiring significant knowledge and experience to achieve your best possible outcome. Our personal injury attorneys have the experience needed to guide you through the legal process, help with insurance claims, negotiate your settlement, or represent you in court.
Our firm has a committed team of attorneys who represent our clients’ interests in a wide range of negligence cases.
Updated July 2025
“Compartment syndrome is a painful condition that occurs when pressure within the muscles builds to dangerous levels. This pressure can decrease blood flow, which prevents nourishment and oxygen from reaching nerve and muscle cells.” (1)
There are two types of compartment syndrome: acute and chronic. (2)
Acute compartment syndrome comes on suddenly and “is usually caused by a severe injury” (3) and a specific traumatic event. (4)
Acute compartment syndrome is an emergency. You need to seek medical attention immediately, just as you would if you had been in a car accident.
The pain can be intense. Muscle pressure can reach dangerous levels. If you do not get the right treatment right away, you can suffer from permanent muscle damage. (5)
Roughly 7.3 out of 100,000 men get acute compartment syndrome. Fewer than 1 in 100,000 women generally develop the syndrome. (6)
Certain types of injuries can result in acute compartment syndrome. These include fractures, a badly bruised muscle, crush injuries, or even constricting bandages. (7)
The most common cause of acute compartment syndrome is a tibial shaft fracture. This type of fracture accounts for anywhere from 1% to 10% of acute compartment syndrome incidents. (8)
Chronic compartment syndrome is also known as exertional compartment syndrome. This type of compartment syndrome is usually caused by athletic exertion. Generally, it is not a medical emergency. (9)
Chronic compartment syndrome typically comes about after repetitive and intense exercise. Changing your exercise routine and giving your body time to rest and recover may be all you need to do to stop the pain. (10)
Exercises you do all the time can lead to chronic compartment syndrome. Examples include running, swimming, and biking. (11)
Suffering from misdiagnosed compartment syndrome? Speak to an experienced attorney today for a free consultation.
Get a Free Case ReviewAcute compartment syndrome happens suddenly, so you will probably know something is wrong right away.
With either type, you can expect to notice these types of symptoms: (12)
When you go for treatment, doctors examine the area bothering you. If doctors suspect you have compartment syndrome — either acute or chronic — they probably perform an X-ray and may conduct a compartment pressure measurement test. (13) (14)
Doctors must “focus on reducing the dangerous pressure” in the affected part of your body. Any dressings, casts, or splints constricting the body part must be removed. (15)
If you have acute compartment syndrome, you probably need “immediate surgery to reduce the compartment pressure.”
Supportive treatments may include: (16)
If your doctor does not diagnose and appropriately treat your acute compartment syndrome quickly, you could experience long-term neuromuscular deficits or even death. (17)
Neuromuscular deficits or disorders “affect the nerves that control voluntary muscles and the nerves that communicate sensory information back to the brain. Nerve cells (neurons) send and receive electrical messages to and from the body to help control voluntary muscles.” (18)
When “neurons become unhealthy or die, communication between the nervous system and muscles breaks down. As a result, muscles weaken and waste away (atrophy).” (19)
With lower extremity compartment syndrome, death is possible. The potential for “devastating morbidity” is very real. (20)
Increasing pressure within a specific part of the body can be incredibly dangerous. Blood vessels can collapse. Cells and tissue can die. Accumulating fluids and swelling only make everything worse. (21)
The longer you go without receiving appropriate treatment, the worse the possible outcome. Untreated compartment syndrome can lead to serious long-term consequences. Complications include kidney injury, sepsis, foot drop, chronic pain, and amputation. Severe cases can lead to death. (22)
“A missed diagnosis of compartment syndrome is important because of direct morbidity to the patient and because it creates a high-risk medical-legal environment for the provider.” (23) Acute compartment syndrome is “associated with significant medicolegal risk.” (24)
“In fact, 23% of medicolegal cases are due to misdiagnosis.” And roughly 32% of cases are due to a delay in definitive and appropriate treatment. (25)
Misdiagnosis on its own is not medical malpractice. But if a doctor fails to meet the standard of care in diagnosing your condition, and the failure to diagnose/misdiagnosis caused an actual injury, it can fall under medical malpractice.
For example, if the doctors perform all the diagnostic tests necessary, and the tests do not indicate you have compartment syndrome, a misdiagnosis might not be their fault.
However, if the doctors do not run the necessary tests to show you have compartment syndrome, and you had a severe fracture, they might be responsible for a misdiagnosis.
Did a doctor fail to properly diagnose your compartment syndrome? Speak to an experienced attorney today for a free consultation.
Get a Free Case ReviewFirst and foremost, you need to contact a reputable attorney who specializes in handling medical malpractice cases. Just as important, you need an attorney licensed in the state where the incident occurred.
Medical malpractice is recognized across the country, but each state has its own specific laws affecting any compensation you might deserve.
If your medical malpractice incident occurred in New York, hire a New York attorney. Make sure the firm is reliable, credible, and solid — like Weitz & Luxenberg.
Ask around. Make some calls. Check out our firm’s history of winning and our overall record.
Once you confirm W&L is the right firm for you, let us do the hard part of handling all of the legal complexities. Look to us for guidance and trust us to help you navigate every step, including the initial filing of your lawsuit.
We work with you to get your medical records, review the skills and performance of the doctors and hospitals that treated you, and determine their potential liability.
Weitz & Luxenberg is a well-known national law firm. We have been handling medical malpractice, personal injury, and wrongful death lawsuits for nearly 40 years. We are based in Manhattan and we know New York law inside and out.
Over the years, we have won more than $26 billion in verdicts and settlements on behalf of our clients. Our attorneys have a solid history of winning cases:
Here are several examples:
Necrotizing enterocolitis (NEC) is a devastating disease that affects mostly the intestine of premature infants. The wall of the intestine is invaded by bacteria, which cause local infection and inflammation that can ultimately destroy the wall of the bowel (intestine). Such bowel wall destruction can lead to perforation of the intestine and spillage of stool into the infant’s abdomen, which can result in an overwhelming infection and death.” (1)
Over the past three decades, cases have been on the rise. Strangely enough, because babies born prematurely are able to receive better care nowadays, necrotizing enterocolitis has become more common.
In fact, seven out of 100 babies of very low birth weight — often premature infants — “are likely to develop NEC.” (2)
There is no one specific cause of necrotizing enterocolitis. But these things might play a part: (3)
NEC sometimes happens in “clusters,” meaning several infants in the same nursery might develop NEC at the same time. NEC does not spread from one infant to another. (4)
But sometimes one infant has a virus or bacteria and it spreads to other infants. Because bacteria and viruses in a nursery can spread, “all nurseries and NICUs have very strict precautions to help prevent the spread of infection.” (5)
Has your baby been harmed by necrotizing enterocolitis? Contact us now for a free consultation.
Get a Free Case ReviewSymptoms of NEC may show up gradually or come on suddenly. These include: (6)
Early and correct diagnosis and treatment are critical. “Up to 40% of infants with NEC die from it. Early, aggressive treatment can help improve the outcome.” (7)
Before treating your infant for NEC, your doctor needs to run a number of tests and use a variety of diagnostic tools. These could include an abdominal X-ray and numerous blood tests. (8)
Treatment can be time-consuming and complicated. A medical professional may give your infant fluids and antibiotics. In addition, some treatments are more invasive, such as inserting a tube in your baby’s stomach to relieve gas. (9)
Your baby needs to be monitored. Medical professionals may take multiple X-rays, run multiple blood tests, and measure blood gases. (10)
In some cases, surgery is necessary. Your surgeon may need to remove dead bowel tissue from your infant, perform a colostomy or ileostomy, and carry out additional surgery in the future to reconnect the bowel. (11)
All medical professionals have what is called a “duty of care.” When caring for infants, they are responsible for recognizing the signs of NEC in a newborn baby. And they are responsible for taking the proper actions to treat NEC. (12)
Failure to properly diagnose NEC and provide the correct treatment may cause irreparable harm. And it may be considered medical malpractice. “Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” (13) If your doctor had diagnosed your baby’s condition properly and given the appropriate treatment, your infant might not have the same injuries or died. Your baby might be alive and doing well right now. If your health care provider was negligent, you may have an actionable legal case.
When it comes to medical malpractice, you want an experienced law firm handling your case. Attorneys at Weitz & Luxenberg know what they are doing and they have been doing it well for years. Our attorneys have a proven record of winning.
Better yet, they have what you need — someone who cares about what happened to your family and wants to make it right. You deserve justice for your child.
If your infant suffered severe complications due to NEC, or died, and was misdiagnosed in the state of New York, look for an attorney licensed to practice law in New York. Although every state has rules and regulations regarding medical malpractice, each one typically has its own laws.
Medical malpractice is a complex field. The attorney you hire is dealing with statutes of limitation, regulations regarding negligence, and issues of liability. Your attorney also needs to be familiar with state law regarding the legal system and courts, state-mandated hospital practices and physician training, and similar medical malpractice legal rulings.
You need to trust the person when you choose to hire an attorney.
This is your important first step. Once you have decided on the right team to handle your case, the rest is up to your attorneys. And you can feel confident letting them guide you through the legal process.
If your baby suffered from necrotizing enterocolitis, a lawsuit can help get the compensation you deserve.
(917) LAWYERSWeitz & Luxenberg has decades of experience handling complex medical malpractice cases. We are a national firm headquartered in Manhattan, New York, and we have won billions of dollars over the years on behalf of our clients.
If your child was severely injured, or your infant died, due to a medical professional’s negligence or misdiagnoses of NEC, you may be entitled to compensation.
Contact a reputable attorney can help you explore your legal options. Our guidance can be invaluable.
Weitz & Luxenberg strives to offer our clients the strongest legal representation possible. Here are just a few of our successes involving medical malpractice litigation:
W&L secured more than $6 million on behalf of a family whose infant daughter suffered irreversible brain damage because doctors failed to diagnose and treat her severe infections quickly and appropriately.
W&L achieved an $8 million settlement for a family whose infant son suffered irreversible brain damage at birth because of a traumatic and delayed delivery.
W&L won an $8.5 million jury verdict after representing a woman whose baby suffered irreparable brain damage when he got stuck in the birth canal during delivery and was deprived of oxygen for 3 minutes.
Life-threatening injuries can happen at all types of amusement parks and on a wide range of attractions. In 2022, estimated fixed-site ride-related injuries totaled 1,390 according to the International Association of Amusement Parks and Attractions (IAAPA) survey. Of these, 19% of the injuries were serious. (2)
Generally, amusement parks are classified as fixed-site parks when rides are more or less permanent structures. This would include an amusement pier at the beach or a theme park, such as Disneyland. The rides at carnivals or fairs are mobile — they travel from place to place.
While the IAAPA was referring to national statistics, accidents happen locally as well.
Several local amusement parks had serious accidents that caused injuries to visitors. In one incident, a war veteran, who was a double amputee, died after being thrown from a roller coaster. The Darien Lake amusement park ride in western New York, known as “The Ride of Steel.” It is reported to be “one of the tallest roller coasters east of the Mississippi River.” The veteran was thrown from the ride when he raised his arms. (3)
A 10-year-old girl died after being ejected from a Wisdom Super Sizzler ride called “Xtreme.” It happened at the Deerfield Township Harvest Festival. She suffered deadly injuries from her fall. (4)
Fox News reported accidents at Rye Playland in New York where, “two deadly incidents took place… . Two 7-year-old girls died; one after being thrown from a ride and the other incident occurred on a water ride.” (5)
Every year, there are media reports of serious injuries and deaths at amusement or theme parks. According to the IAAPA, the “Number of injuries are up in 2022 from 2021 (+13%).” (6)
Such concerns are well-founded due to the potential severity of injuries involved. This can include death and long-term — if not permanent — impairment. Recovery from these injuries can involve continuing suffering and financial burdens.
If you or anyone you know has suffered an amusement park accident, contact us for a free case evaluation.
Get a Free Case ReviewThere are several injuries commonly suffered in amusement park accidents requiring medical attention.
These injuries result in a wide range of outcomes.
Broken bones, cuts, and bruises — While these injuries may not seem serious, broken bones puncturing the skin (open fractures) can leave victims vulnerable to infections. The American Academy of Orthopedic Surgeons describes these types of fractures as a “surgical emergency.” (8) Recovery from such an accident can be a long and expensive process.
Death — Deaths can result from falling or being thrown from a ride. The last available data from the Consumer Product Safety Commission (CPSC) on amusement park ride deaths indicated there were 52 reported deaths between 1990-2004. (9)
CPSC no longer tracks amusement park ride injuries and deaths. However, a spokesperson said there were 29 “deaths on amusement rides or water slides” reported to the CPSC between 2010 and 2016. (10)
Drowning — Drownings on water slides, lazy rivers, or other water-based rides have occurred. A global study of theme park and amusement ride accidents found an incidents rate for fatal waterpark attractions to be 37%. (11)
Head, neck, and back injuries — These injuries happen on rides due to the force of movement or spinning of the rides. For example, the sharp sudden movements of bumper cars and roller coasters can forcefully jerk your head and neck around.
One study found more 28% of amusement ride injuries suffered by children were to the neck and head. (12) The study also noted soft tissue damage was the most common type of injury. The most frequent mechanism of injury was “Falling in, on, off, or against the ride.” (13)
Traumatic brain injury — The effects of various forces, including G-forces, on the heads and brains of passengers on amusement rides is the subject of current research. Conclusions from one study suggested, “These results indicate that head motion and brain deformation during roller coaster rides are highly sensitive to individual subjects.” (14)
An important factor for undertaking legal action in amusement park accident cases is to understand the possible causes of such accidents.
Any of these can cause an accident with serious injuries or fatalities.
One example would be an accident on a Ferris wheel. A passenger falls out of one of the cars when it turns upside down. This could be due to any one or combination of reasons.
The passenger might not have been told to strap in by the operator. The operator might have neglected to wait until the passenger was strapped in before starting the ride. The ride might have started going too fast because it wasn’t tested and adjusted recently. A gear could have broken. The Ferris wheel could have been used on a night too cold for the parts to function properly.
Once the cause of an accident has been determined, these facts can help support your legal claim against the responsible parties.
If you or a loved one was injured in an amusement park accident, a lawsuit can help get the compensation you deserve.
Get a Free Case ReviewObtaining the services of an experienced attorney helps you understand your legal options.
In amusement park accident cases, a lawsuit can be filed against the park or attraction owners or operators. Or it can be filed against the manufacturers of the ride or equipment involved in the incident. You can also sue a combination of these groups.
These lawsuits can be filed under the legal concepts of product liability or premises liability.
Under product liability the manufacturer has a responsibility to ensure its products are safe and in good working order. If there are defects in the ride or equipment, then the manufacturer can be held accountable.
Product liability claims can also be based on negligence. Negligence means the manufacturer failed to act with “the level of care that someone of ordinary prudence would have exercised under the same circumstances.” (17)
In negligence cases, an important factor is the “foreseeable” likelihood the manufacturer’s actions would result in harm, the foreseeable severity of harm, and what precautions the manufacturer took to prevent or reduce the risk of harm. (18)
Premises liability is the park’s responsibility to guarantee safety when crossing the areas of the park and make sure any dangerous areas are noted with signs, barriers, or both.
If the park owners do not adequately and properly maintain the rides or attractions in their park, they can be held responsible for any injuries. Likewise, the owners must see to it the park grounds are safe and maintained, and any repairs are done promptly and properly.
The owners of the amusement park owe a “duty of care” to customers, visitors, and guests. Duty of care is a legal principle of conduct saying the owners must act in “the same manner as a [any] reasonably prudent person in their position would.” (19)
If they somehow breach that duty, they may be held legally responsible for any resulting injuries or damage.
To make a determination, the court also considers if the owners took reasonable steps to ensure the safety of everyone on their property.
In New York, you have only 3 years to file a lawsuit for most personal injury cases. (20) So, it is important you file your lawsuit as soon as possible. And because these cases can be complex, the services of an experienced attorney can be most advantageous.
W&L attorneys investigate your accident, review your medical records, file a claim on your behalf, and help you make a demand and negotiate a settlement, or represent you in court.
Should your case go to trial, there is a discovery phase where your attorneys investigate the defendant’s claims. This investigation includes such actions as the deposition of witnesses, gathering of facts, and gathering evidence.
W&L can also help you deal with insurance companies, as they guide you through the complexities of the legal process.
Our attorneys are dedicated professionals with a track record of success for our clients.
Updated April 2025
Over 60% of injuries due to playground equipment occur on public playgrounds, places of recreation, or schools. (1)
“The annual average number of emergency department-treated injuries associated with playground equipment … is estimated to be 247,075,” states a report from the U.S. Consumer Product Safety Commission. (2)
Injuries sustained in playground accidents should not be taken lightly. If your child has been seriously hurt you may need the services of a personal injury attorney.
Over 50% of playground-related injuries treated in emergency departments are fractures and contusions or abrasions. (3) While scrapes and bruises are very common and often are not considered serious, fractures can be.
The American Academy of Orthopedic Surgeons warns, “open” fractures — where a bone fragment breaks the surface of the skin — are “particularly serious because once the skin is broken, infection in both the wound and the bone can occur.” (4)
However, much more serious injuries can and do occur. Some of the most serious injuries children suffer in playground accidents are head injuries; these can have lifelong consequences. One study found an average 21,101 children, ages 14 and younger, were treated for traumatic brain injuries (TBI) from playground accidents each year. (5)
Likewise, 1.9 million U.S. children are treated for concussions annually. Most of these injuries are from recreational and sports related activities. (6)
If your child has suffered a playground injury, contact us for a free case evaluation.
Get a Free Case ReviewEven more alarming is the fact playground accidents can be deadly. The Consumer Product Safety Commission indicates there were 175 reports of a serious injury “requiring hospitalization or resulting in death” associated with playground equipment. The average age of children who died was seven years old. (7)
Of the 34 investigated deaths, 19 involved hangings and other asphyxiations. Eight involved head and neck injuries. (8) Children often suffer strangulation when clothing, such as sweatshirts with drawstrings, or necklaces get caught on equipment. (9)
For New York City (NYC) children and their families, playground safety is a big concern.
In a 10-year period, 577 claims were filed against NYC for playground injuries. This represents “an average of over one a week,” according to the Office of the NYC Comptroller. (10)
And 10% of claims resulted from improper maintenance of this equipment. (13)
NYC paid out over $20.5 million in claims during the period. (14)
A better understanding of playground accidents means looking at what causes them.
Rusty or broken playground equipment is a good sign of poor maintenance, a factor in many playground accidents. Using such playground equipment can result in injuries.
If your child has been seriously injured in a playground accident, you can take legal action to hold the responsible parties liable.
Manufacturers of playground equipment may be held responsible for injuries sustained by a child due to defective design of equipment.
The owners of a playground and those responsible for the maintenance of the playground are obligated to ensure the equipment on their property is safe and well maintained. When the playground is a public playground, the city can be held accountable.
Anyone responsible for supervising children while they were on the playground may be liable. This includes schools, daycare, and child caregivers.
Was your child injured in a playground accident? Call us now for a free consultation.
(917) LAWYERSPlayground accident legal cases can fall under premises liability. Premises liability is defined as the “legal responsibility of the owner and/or occupant of real property for injuries that someone may sustain while on the property due to a dangerous or defective condition that exists there.” (19)
For example, if the openings in climbing equipment are not spaced appropriately, your child’s head might become entrapped. This can lead to injury or strangulation.
If the owners of the playground know this is a problem and do not post warning signs, fix the problem, or replace the equipment, they could be held accountable for any child injured while playing.
Key to winning a premises liability case is the legal concept of negligence.
By definition, negligence is, “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” (20)
Playground accident injury cases can be highly complex and having an attorney can be very beneficial to the outcome of your case.
Most public playgrounds in NYC are owned by the city. So, your attorney must file a “notice of claim” within 90 days of the accident — a preliminary step required when looking to sue the City of New York or any municipal agency/entity.
Next, there is an investigation of your claim by the city. It takes approximately 30 days and usually results in non-action on the city’s part. Then, you are free to file a lawsuit.
After the investigation, your attorney has one year to sue. Then, your attorney represents you in court.
Many accident cases are settled out of court. If that happens, your attorney negotiates a settlement.
Weitz & Luxenberg is proud of our record of successes helping clients who have been seriously injured.
Talc, found in products such as talcum powder, is a mineral that exists naturally in our environment. It is made up of magnesium, silicon, oxygen and hydrogen. Talc, like other minerals, has to be mined for use. (4)
Talc is known for its absorbent properties. Talc also reduces friction. (5)
Because of these characteristics, talc products may be marketed to help keep skin dry and protect against rashes. (6) Talc may also be used in certain consumer products “to prevent caking, to make facial makeup opaque, or to improve the feel of a product.” (7)
You can find talc in many things, from body powders to baby powder to blush to eye shadow to foundation, as well as in food such as chewing gum and rice. (8)
Talc is a naturally occurring mineral, often contaminated by the carcinogenic mineral asbestos in the earth. (9)
According to the U.S. Food and Drug Administration (FDA), “asbestos is a known carcinogen when inhaled. There is the potential for contamination of talc with asbestos.” (10)
There are different types of mesothelioma. This aggressive cancer occurs on the linings of the lungs, as well as linings of the abdomen, heart, and testicles. (11)
Mesothelioma can take decades to develop. People often contract the disease long after their initial exposure to talc containing asbestos. “People exposed at an early age, for a long time, and at higher levels are more likely to develop this cancer,” according to the American Cancer Society. (12)
Several studies have observed an increased risk of epithelial ovarian cancer in women who have used talc-based powders for “feminine hygiene.” (14) (15) (16) (17)
Some women apply talc powders to their genital area, underwear or sanitary napkins. (18) Thousands of women who have been diagnosed with ovarian cancer are now coming forward. They allege that talcum powder caused their ovarian cancer. (19)
Were you diagnosed with ovarian cancer or mesothelioma after using talc-based powder? You may be eligible for compensation.
Get a Free Case ReviewOvarian cancer arises from cells that have begun to grow out of control in a woman’s ovaries. (20)
Only a fifth of ovarian cancers are found at an early stage, when the disease is most treatable. Approximately 94 percent of women diagnosed at an early stage of ovarian cancer live more than five years after their diagnosis. In contrast, the survival rates drop significantly when women are diagnosed with cancer that has moved outside of their ovaries. (21) (22)
One reason that the majority of women are diagnosed with ovarian cancer at later stages is due to the fact that ovarian cancer often causes nonspecific symptoms or no symptoms at all until it progresses to advanced disease. (23)
The two primary laws regulating cosmetics manufactured and sold in the United States are the Federal Food, Drug, and Cosmetic Act, and the Fair Packaging and Labeling Act. The FDA regulates cosmetics but does not “approve” them. (25)
According to the Federal Food, Drug and Cosmetic Act, color additives in cosmetics must be FDA-approved, but the cosmetics themselves and many of their ingredients do not need FDA approval. (26)
In addition, manufacturers must properly label their cosmetic products and the products must be safe for use by consumers “under labeled or customary conditions of use.” Manufacturers and marketers “have a legal responsibility to ensure the safety of their products. Neither the law nor FDA regulations require specific tests to demonstrate the safety of individual products or ingredients. The law also does not require cosmetic companies to share their safety information with FDA.” (27)
Cosmetic and personal care products, including ones made with talc, do not require the stringent testing that medications must undergo. Therefore, you do not find FDA-mandated warnings on these types of products. (28)
Legal decisions involving talcum powder and cancer are making headlines in the media. One talcum powder manufacturer, Johnson & Johnson (J&J) has suffered legal defeats in court, totaling jury awards of as much as $100 million in damages. (29)
Between jury trials and negotiated settlements, J&J may be liable for billions of dollars. The plaintiffs in many cases claim that using J&J talcum powder led to their cancer. (30)
J&J is facing ongoing lawsuits from consumers around the country. Tens of thousands of lawsuits have been filed alleging a link between ovarian cancer and use of talc powder for feminine hygiene. (31)
Thousands of lawsuits have also been filed against J&J alleging that their talc caused mesothelioma. (32)
“J&J knew for decades that small amounts of asbestos had occasionally been found in its raw talc and in Baby Powder and Shower to Shower, based on test results from the early 1970s to the early 2000s – information it did not disclose to regulators or the public,” according to Reuters. (33) (34)
Diagnosed with ovarian cancer or mesothelioma after using talcum powder? Call us now for a free consultation.
(917) LAWYERSIn recent years, there has been a surge in legal action against talc powder manufacturers, particularly those producing baby powder. At the heart of these lawsuits is the alleged presence of asbestos — a known carcinogen — within these products. Plaintiffs contend that companies were aware of the contamination but failed to disclose it to consumers or implement measures to mitigate the risk.
Many companies have been implicated in these lawsuits, including:
It’s important to emphasize that this list is not exhaustive. The landscape of legal action may continue to evolve as further research emerges and cases progress.
Some companies have opted to discontinue talc based products or settle lawsuits. Others maintain their stance, defending their products and facing growing legal challenges.
Facing a serious cancer diagnosis is something no one wants to go through. And facing the company that caused your illness is something you do not have to go through alone.
It may be scary, and it is certainly new for you. But it is not new to us. Our attorneys have been there – they have walked side-by-side with our clients as they face another challenge.
We have been able to help more than 44,000 clients dealing with life-threatening cancer. And we’ve won billions of dollars for them. Here are just a sample:
We achieved a seven-figure settlement for one client, in part because we had the actual talcum powder product used. Experts we hired tested the talc that was still in the containers, proving it contained asbestos.
This is just one of the many mesothelioma cases W&L has handled successfully for our clients. Here are some of our other wins.
We have also won large verdicts for clients harmed by dangerous drugs.
We feel your pain. Our attorneys know what you need and we know how to help. Let us.
Reach out to Weitz & Luxenberg today. Get a free consultation about your case by calling us at (917) LAWYERS or online.
Updated January 2025
Many people think of schools as places of safety and security. Unfortunately, this is not always the case.
“An estimated 2.2 million children ages 14 and under sustain school-related injuries each year. Annually, one in 14 students suffers a medically attended or temporarily disabling injury at school.” (1)
There are several reasons these injuries occur, including lack of supervision and inappropriate medical care. Certain types of school-related injuries happen more often than others. These include injuries on the playground, during athletic events, and in settings susceptible to violence and crime.
Your child may have been hurt while on the school playground. “Playgrounds injuries are the leading cause of injury among children ages 5 to 14 in the school environment,” says Safe Kids Worldwide, a child safety advocacy group. (2)
The group notes those injuries are often due to playground equipment, “Approximately 13,000 playground equipment-related injuries occur on school playgrounds during school hours.” (3) They point out, “Lack of supervision is associated with 40 percent of playground injuries.” (4)
Schools are obligated to adequately maintain playground equipment and ensure the safety of playgrounds for students. Schools are also responsible for adequately supervising children while they are on school premises, including while on the playground.
A school failing to meet these obligations may be held legally responsible for any injuries your child sustains while in its care. The school should be held financially responsible to compensate your family if your child gets hurt while under its care.
Playgrounds, however, are not your only concern. School athletics can cause serious injuries as well.
If your child was injured on school grounds, you may need to file a lawsuit to help with your family’s recovery.
Get a Free Case ReviewAthletic injuries may take weeks, months, or years to recover from. Some have permanent consequences. Some injuries are so severe they lead to death.
“Statistics reveal that 90 PERCENT of student athletes report some sort of sports-related injury,” according to The National Athletics Trainers’ Association. (5) These injuries range from sprains to concussions to traumatic brain injuries (TBI), or even spinal cord injuries and death.
Traumatic brain injuries and concussions are among the most frequent serious sports injuries. According to a New York State Department of Health fact sheet, “Every year, about 4,000 New York children age 19 and younger are treated at hospitals for sports-related TBIs.” (8)
Coaches and staff should take steps to ensure injured players get proper medical attention, and student athletes do not play while recovering from injuries. Coaches and staff should also see safety rules and procedures are adhered to, and all equipment is both properly maintained and functioning.
But this protection doesn’t always happen. And your child may be the one to suffer a serious injury due to this lack of adequate care.
Yet, playgrounds and school athletics are not the only risk your child may face. Children can also be injured on the school bus or at the bus stop.
Children waiting at school bus stops or riding on school buses have been seriously injured, requiring expensive medical care. “School bus-related injuries alone account for $29.8 million in medical costs.” (9)
Additionally, “More than half of all school-age pedestrians killed in school bus-related crashes are between the ages of 5 and 7.” (10) These pedestrian deaths are likely to occur as children board or exit the bus. (11) In New York, the state Department of Motor Vehicles indicates children (K-3) were involved in 69% of the state’s school bus fatalities. (12)
Schools have an obligation to maintain their vehicles and also to ensure the operators are trained and working safely. Failure to do so can lead to accidents, injuries, and deaths.
While these facts are alarming, what is even more distressing is the growing number of children experiencing violence and crime at school.
“During the 2017–18 school year, 80 percent of public schools recorded that one or more incidents of violence, theft, or other crimes had taken place, amounting to 1.4 million incidents,” (13) according to a National Center for Education Statistics report.
At school, our children face victimization from theft and bullying — including cyberbullying — and from fights and sexual assault. There is also risk from the availability of vaping products, alcohol, and drugs on school premises. And there is an ever-increasing number of media reports regarding weapons possession or terrorist incidents occurring in schools.
School administrators have a duty to make their classrooms, buildings, and grounds a safe environment for students. When there is an incident at school and injuries result, the school can be held responsible.
For New Yorkers, and especially New York City residents, these statistics are even more grim.
In a report released by the state comptroller, there were “more than 32,000 violent and disruptive incidents” in New York State public and charter schools in one school year. (14) The report goes on to say, “New York City’s public schools, which serve 1.1 million students, or 40 percent of all students in the state, reported 17,991 incidents, or 56 percent of the state’s total.” (15)
More specifically, “Incident rates climb with grade level: middle or junior high schools had 13.6 incidents per 1,000 students and senior high schools had 15.1 incidents per 1,000 students. Both had higher shares of incidents involving alcohol and drugs, as well as weapons possessions.” (16)
Most shocking is while the rate of violent crime incidents is lowest for elementary schools, 83.2% of incidents occurring at elementary schools are assaults or sex offenses. (17)
If your child has been a victim of violence or crime while at school, you should consider a lawsuit based on premises liability.
Was your child injured in an accident at school? You may be eligible for compensation.
(917) LAWYERSProperty owners must take reasonable measures to ensure safety. When they do not, they can be held legally responsible for any injuries someone sustains while on their property.
Schools are responsible for maintaining the grounds so accidents and injuries do not occur. If it can be proven the injury was foreseeable, the school may be liable for damages.
For example, a cafeteria table is not set up correctly and collapses, injuring a student. A puddle from a broken water pipe causes a student to slip and fall.
Or equipment used in a shop class malfunctions and the instructor continues to use it. If a student gets hurt, the school may be liable for not removing it until it can be checked and repaired. Even this may be premises liability.
Many premises liability cases also involve some degree of negligence.
Negligence is a legal concept referring to a failure to take reasonable care — and it often result in damage or injury to others. Negligence can be a contributing factor in a child’s injury at school.
Taking legal action can help pay for your children’s care, as well as compensate them for any long-term damage they have suffered. And, it holds the responsible parties accountable.
When considering legal action against a school in New York, your first step should be to obtain an experienced negligence attorney.
Hiring an attorney who is skilled in negligence and premises liability cases helps you get the legal guidance you need at a stressful time. When you have an attorney who knows what needs to be done — and just how to do it — you have the best chances of a successful lawsuit.
W&L is proud of our record as a strong advocate for injured clients.
