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A primary concern for pedestrians is the risk of slips, trips, and falls. “Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%),” says the National Floor Safety Institute (NFSI). ⁽¹⁾

New York City Sidewalks

Because of the risks to the public, every city is concerned about the upkeep of its sidewalks, including New York City (NYC).

An annual claims report indicates 11% of personal injury claim settlements and judgements were for sidewalk injuries in 2021, according to the Office of the Comptroller for NYC. The report explains there were 2,134 sidewalk personal injury claims costing the city $61.7 million. ⁽²⁾

Causes of Sidewalk Accidents

It is clear why NYC sidewalks are of concern. Even more important is knowing why accidents occur.

Some of the primary reasons slip, trip, and fall accidents occur on NYC sidewalks include: ⁽³⁾

• Obstructed view — “When a pedestrian encounters an unexpected obstacle or impediment and does not perceive it in their route of travel, trips and falls occur,” according to one expert. He continues, “Pedestrians typically scan ahead in the direction of their travel, not directly down in front of their feet. Low elements in the path of travel are not readily identified and are frequent causes of falls resulting in injury.” ⁽⁴⁾

• Oily surfaces — Oily surfaces are not always visible; they do not all have a rainbow sheen about them. ⁽⁵⁾ Footwear also can lead to fall injuries on oily surfaces. Oily surfaces require shoes with anti-slip properties such as waterproof material, rubber soles, and flats versus high heels or open toes. The type of shoe is important because shoes can help distribute weight more evenly to maintain balance. ^{(6) (7)}

• Poor lighting — Low light, broken lights, and darkness can lead to falls. Improper lighting can also create glare. Worse yet, poor lighting may make objects, surfaces, or other obstructions invisible, increasing the fall risk. Glare from streetlights can cause discomfort and be disabling for pedestrians, cautions a Department of Energy (DOE) report. ⁽⁸⁾

• Snow or ice — “Snow was a predictor of a high-fall day,” found one recent study. Also, “previous studies found that 56% to 74% of winter storm-related injuries result from slipping or falling on snow or ice.” ⁽⁹⁾ Falls on snow and ice are a direct result of the amount of adhesion involved. “Slips on wet surfaces for example, are caused by too little traction (or friction) between the foot and the surface being walked on.” ⁽¹⁰⁾

• Uneven pavement — “Walking is easiest and safest on stable, planar, flush, and non-slippery surfaces,” observes one specialist. He explains how deficient and defective sidewalks can be hazards. Hazards include broken or cracked concrete, vertical displacements involving separation or heaved slabs, settled areas where water collects, and tree root damage. “Abrupt changes in walkway elevation that contrast poorly with the surrounding walkway material make it likely to blend in visually with the surrounding environment,” and can lead to falls and injuries. ⁽¹¹⁾

Regardless of the cause of your sidewalk accident, you can be badly hurt.

Injuries Suffered from Sidewalk Accidents

Sidewalk accidents can result in minor to severe injuries, even death. Some of those injuries include:

• Head or traumatic brain injury — Falls can lead to traumatic brain injuries (TBI). ⁽¹²⁾ “Nationally, nearly 17,500 fall-related TBI deaths occurred” during one year reports the Centers for Disease Control and Prevention (CDC). ⁽¹³⁾

• Back injuries — Among the most damaging back injuries resulting from falls are spinal cord injuries (SCI). One study found, “Falls on the same level from slipping, tripping, and stumbling were the most common cause of fall-induced SCI (20%).” ⁽¹⁴⁾

• Hip injuries — “Of all fractures from falls, hip fractures are the most serious and lead to the greatest health problems and number of deaths,” says the National Floor Safety Institute (NSFI). ⁽¹⁵⁾

• Broken or sprained ankles — One study on ankle fractures found there were over 673,000 ankle fractures during a four-year period. “The most common mechanism of injury was falls (54.83%).” ⁽¹⁶⁾

• Wrist and elbow injuries — Bruising, cellulitis (a bacterial infection), wrist fracture, radial-head fracture, and shoulder dislocation can all result from falling on an outstretched hand says Temple Health. Recovery can take weeks to months. ⁽¹⁷⁾

• Knee injuries — “Knee injuries suffered on concrete involve some kind of blunt force with direct contact of the knee with the concrete.” Knee injuries can include a dislocated kneecap, thigh and shin bone fractures, sprains, meniscus tears, and anterior cruciate ligament (ACL) injuries. ⁽¹⁸⁾

• Pulled muscles — Pulled muscles are strained muscles. This injury affects the muscle tissue or the band of tissue attaching the muscle to the bone. The lower back, back of the thighs, legs and ankles, hands and elbows are places most likely to experience a strain. ⁽¹⁹⁾

• Cuts and bruises — Cuts are wounds to the skin inflicted by force, such as by falling. When long or deep, cuts may require medical attention. ⁽²⁰⁾

Who Is Liable for a Sidewalk Accident?

If you have suffered a severe injury from a sidewalk accident, you want to determine who may be liable for your injuries. Often, NYC may not be liable for sidewalk accident injuries. ⁽²¹⁾

In NYC, the property owners are responsible for maintaining safe sidewalks. Two sections of the New York City Administrative Code (Sections19-152 and 7-210) apply to property owners regarding sidewalks adjoining their property. ⁽²²⁾

Determining who owns the sidewalk is key to your case. These are some possible property owners.

Businesses

Companies who do business in the city, and have a real property, are responsible for sidewalks adjoining their property. ⁽²³⁾

A business is also responsible for sidewalk areas near, but not abutting, the property. For example, a business owning a corner property or lot is responsible for the corner sidewalk. It is also responsible for the intersection quadrants adjacent to its property. ⁽²⁴⁾

Homeowner Associations (HOAs)

In NYC, “Since 2003, owners of real property adjoining a sidewalk — including co-op and condo boards, but excluding owners of one-, two-, and three-family homes — are responsible for maintaining the sidewalk in a ‘reasonably safe condition,’” according to Habitat Magazine. ⁽²⁵⁾

“In the context of cooperatives or condominiums, this means that boards bear ultimate responsibility for the sidewalk maintenance — even if day-to-day responsibility has been delegated to a contractor or to the building’s staff under supervision of the managing agent,” continues Habitat. ⁽²⁶⁾

Homeowners

NYC property owners must maintain the sidewalk and vacant lots adjacent to their property. This including the fencing or repairs of sinkage on those lots. ⁽²⁷⁾

You can hold a homeowner responsible if you were seriously injured on the sidewalk in front of their home. You may also hold them liable if you were hurt on a lot adjacent to their home. This is especially true if the lot was unfenced or had areas where there was sinkage. ⁽²⁸⁾

Municipalities

NYC repairs sidewalks on City-owned property and in limited residential neighborhoods. ⁽²⁹⁾

For instance, you may be able to hold NYC accountable for your injuries if you fall on a sidewalk in front of a government building or a City-owned park. However, if you fall on a sidewalk in a residential neighborhood, NYC may not be responsible. ⁽³⁰⁾ 

Ways to Protect Your Rights After a Sidewalk Accident

After a serious injury from a sidewalk accident, you want to protect your legal rights.

As with any accident, there are immediate steps you should take.

• Seek medical attention as soon as possible. Your attorney can use medical records, bills, and receipts as documentation for your legal claims.

• Take pictures. Photograph the accident scene, clothing you are wearing, and your injuries. Pictures provide vital support for your claims.

• Get the names and contact information of witnesses. If possible, obtain witness statements.

• File a police report.

Filing a Lawsuit

You should reach out to an attorney as quickly as possible after any sidewalk accident during which you are injured. Accident cases often have time limits for filing a lawsuit.

These time limits differ by state and municipality. In NYC, there are special requirements placed on filing a personal injury lawsuit when one of the parties involved is a municipality.

There are many other legal requirements you need to meet for your lawsuit to have the best chances of success. An experienced attorney can assist you through this process.

How W&L Can Help

If your case goes to court, the outcome is typically a verdict for one side or the other. However, many cases are settled out of court.

Either way, Weitz & Luxenberg personal injury attorneys are proud to help our clients achieve the best possible outcomes for your cases.

Some of our successful cases include:

• Substantial settlement in challenging traumatic brain injury case. An apartment building owner was in violation of NYC’s Administrative Code and state law.

• Major six figure settlement reached in brain damage case. During a flight, a suitcase fell from an overhead bin on an airplane, striking a passenger in the head

• $10 million awarded for loss of sight. It was due to an inadequate bungee cord in a negligently designed brake system.

“Prostate cancer begins when cells in the prostate gland start to grow out of control,” says the American Cancer Society. ⁽¹⁾

Prostate Cancer Symptoms

There are several symptoms of prostate cancer, but these vary. Some men may not experience any symptoms. ⁽²⁾

The Centers for Disease Control and Prevention (CDC) notes common symptoms of prostate cancer include problematic urination and erectile disfunction. Still other symptoms may surprise you, such as persistent back, hip, or pelvic pain. ⁽³⁾

What Caused Prostate Cancer from Camp Lejeune?

The connection between prostate cancer and Camp Lejeune focuses on the increased risks of toxic exposure through contaminated water.

In the case of Camp Lejeune, exposure to the toxic chemicals came from the groundwater supplying the base and surrounding areas. This included water used for drinking and bathing. ⁽⁴⁾

To associate a prostate cancer diagnosis with exposure to contaminated water, you need to examine the side effects of several chemicals. Toxic chemicals in the water at Camp Lejeune included trichloroethylene (TCE), tetrachloroethylene (perchloroethylene or PCE), vinyl chloride, and benzene. ⁽⁵⁾

Of these chemicals, TCE is one of the most tested for. It is linked with prostate cancer.

TCE Exposure

TCE is a known carcinogen. It is carcinogenic to humans “by all routes of exposure” according to an Environmental Protection Agency (EPA) report. ⁽⁶⁾

The Agency for Toxic Substances and Disease Registry (ATSDR) also reports prostate cancer as one of the adverse health effects. In at least one study, it notes evidence of causation from exposure to TCE, PCE, or both. ⁽⁷⁾ “ATSDR concludes that there is some evidence for a positive association between TCE and prostate cancer.” ⁽⁸⁾

“Studies found that occupational exposure to TCE was associated with excess incidences of liver cancer, kidney cancer, non-Hodgkin’s lymphoma, prostate cancer, and multiple myeloma,” states the National Toxicology Program Report on Carcinogens ⁽⁹⁾

Cumulative Effect of Toxic Chemicals

Toxic chemical exposure has a cumulative effect. The more you are exposed, the higher the risk. One study found higher rates of prostate cancer among “the Camp Lejeune civilian workers with higher cumulative exposures to the contaminants.” ⁽¹⁰⁾

ATSDR has found enough scientific evidence to support the conclusion that exposure to the toxic water at Camp Lejeune led to prostate cancer. It also led to other health conditions in people who lived or worked on or near the base. The exposure happened between August 1953 and December 1987. ^{(11) (12) (13)}

The ATSDR researchers looking at the effects of the toxic water exposure on civilians concluded, “The study found elevated risks in the Camp Lejeune civilian workers for several causes of death, including kidney cancer, leukemia’s, prostate cancer, rectal cancer and Parkinson’s disease.” ⁽¹⁴⁾

Camp Lejeune Prostate Cancer Diagnosis

There is no one “standard” test for prostate cancer. However, there are medical tests to indicate if the disease is likely to be present, according to the CDC. ⁽¹⁵⁾

The CDC explains, “A blood test called a prostate specific antigen (PSA) test measures the level of PSA in the blood. PSA is a substance made by the prostate. The levels of PSA in the blood can be higher in men who have prostate cancer.” The CDC states, “As a rule, the higher the PSA level in the blood, the more likely a prostate problem is present.” ⁽¹⁶⁾

Legal Options for Victims of Camp Lejeune Water Contamination

Anyone affected by the contaminated drinking water at Camp Lejeune will want to consider their legal options.

As a result of numerous studies, the U.S. Department of Veterans Affairs amended its policy on veterans exposed to contaminant water at Camp Lejeune. Now it permits you to claim benefits. ⁽¹⁷⁾

The Honoring Our PACT ACT of 2022 was signed by President Biden in August 2022. It allows people affected by toxic water at Camp Lejeune to sue the U.S. federal government for compensation, including pain and suffering. ^{(18) (19)}

The PACT ACT has a catch. It only allows for a narrow window of time for you to file your claim.

These claims are complex and require a comprehensive understanding of both legal and environmental issues. Your legal representative should be a law firm with a deep knowledge of and experience in these types of litigations.

How W&L Can Help

Weitz & Luxenberg has been a leader in getting compensation for veterans from large-scale litigations at a national level. We regularly file lawsuits against multimillion dollar corporations.

Our team of dedicated attorneys has a lot of experience in these types of cases. We have in-depth knowledge of the law and environmental issues.

Our attorneys consistently achieve optimal outcomes for our clients. Our history of winning these types of cases includes:

• W&L negotiated a $65 million settlement for residents in Hoosick Falls, New York after the community’s water supply was contaminated with PFOA (perfluorooctanoic acid).

• W&L also achieved a $23.5 million settlement for PFOA water supply contamination in Petersburgh, New York.

• W&L helped obtain a $423 million settlement for 153 public water systems nationwide that had water contaminated with methyl tertiary-butyl ether (MTBE), a flammable gasoline additive.

Who Gets Exposed to Pesticides?

Pesticides are toxic chemicals, and any amount of exposure may have harmful health consequences. Because of their frequent use, nearly everyone has had some exposure to pesticides.

You might get exposed if you are a farmer who uses pesticides on crops. Or if you are an agricultural worker, groundskeeper, or gardener.

Maybe you just live near an agricultural area where pesticides are frequently sprayed. These chemicals get into the soil, water, and even the air you breathe.

If you frequently visited farms where pesticides were used, you may have been exposed. Even if you didn’t visit, your food comes from a farm. So, there might be pesticide residue on anything you eat.

Other avenues of exposure include schools, golf courses, or parks. Home gardeners may also be affected if you used pesticides in your yard.

What Are Pesticides?

“A pesticide is any substance used to kill, repel, or control certain forms of plant or animal life that are considered to be pests,” according to the National Institute of Environmental Health Sciences. ⁽²⁾

Pesticides include herbicides (weed and plant killers), insecticides (bug killers), fungicides (fungi killers), and disinfectants (bacteria and rodent killers). ⁽³⁾

What Are Pesticides Used For?

Pesticides are used primarily in agriculture. They are sprayed on crops to control pests such as insects, fungi, bacteria, and weeds. They may also be used in and around homes and swimming pools. You can find them in household products, such as soaps and cleaners. ⁽⁴⁾

Why Pesticide Safety Is Important

Due to the widespread use of pesticides, there has been growing concern regarding human exposure. The Pesticide Action Network North America, a nonprofit group, says, “Many [pesticides] are designed to attack an insect’s brain and nervous system, which can mean they have neurotoxic effects in humans as well.” ⁽⁵⁾

Exposure to pesticides can affect the human body in various ways. Some pesticides “may irritate the skin or eyes. Some pesticides may be carcinogens. Others may affect the hormone or endocrine system.” ⁽⁶⁾

More importantly, trace amounts of pesticide residue can be found in our food supply because pesticides are used in agriculture. ⁽⁷⁾ Pesticides also seep into groundwater and soil samples. ⁽⁸⁾

The World Health Organization (WHO) warns, “Pesticides are potentially toxic to humans and can have both acute and chronic health effects, depending on the quantity and ways in which a person is exposed.” ⁽⁹⁾

Common Pesticides Under Investigation by W&L

Due to the health risks to humans posed by exposure to pesticides, there is much ongoing litigation concerning them.

Many pesticides are under investigation. In fact, Weitz & Luxenberg (W&L) is litigating over several widely used pesticides.

Among the most widely used pesticides raising concerns, and under investigation by our firm, are:

Roundup

“Roundup is a very popular herbicide, or weed killer.…The key ingredient in Roundup is glyphosate, a compound with a molecular structure similar to the amino acid glycine.” ⁽¹⁰⁾ It has been used in U.S. agriculture since 1974. Roundup is sprayed on crops such as fruits, vegetables, nuts, corn, and soybeans. ⁽¹¹⁾ Glyphosate causes cancer. ⁽¹²⁾

Dicamba

“Dicamba is a chemical compound that is used in herbicides that are designed to kill annual and perennial broad-leafed plants.” ⁽¹³⁾ It has been registered for use in the U.S. since 1962. ⁽¹⁴⁾ Some farmers are “alleging injury to their crops,” from the use of Dicamba. Dicamba is often used on weeds or plants which have become resistant to glyphosate. ⁽¹⁵⁾

Paraquat

“Paraquat is a toxic chemical that is widely used as an herbicide (plant killer), primarily for weed and grass control,” according to the Centers for Disease Control and Prevention (CDC). Paraquat was first commercially produced in 1961. Access to, and use of, the chemical is restricted by the Environmental Protection Agency (EPA). ⁽¹⁶⁾ Paraquat’s exposure can lead to Parkinson’s disease.

Chlorpyrifos

In use since 1965, chlorpyrifos is an insecticide (bug killer). It “helps control pests on a number of high-value crops, including almonds, alfalfa, walnuts, and oranges.” According to some lawsuits, “Exposure to the insecticide in the womb and in early childhood can cause a variety of developmental health issues, including autism, obesity, and vision problems.” ⁽¹⁷⁾

Best Practices for Pesticide Safety

The damage these pesticides can do to humans ranges from life-altering to lethal. So safe handling of these chemicals is critical.

When using pesticides, the EPA has these safety tips: ⁽¹⁸⁾

• Use non-chemical control methods.
• Don’t use products for pests not indicated on the label.
• Don’t use more than directed.
• Use protective measures.
• Remove or cover food.
• Don’t spray outdoors on windy or rainy days.
• Before applying (indoors or outdoors), remove children, toys, and pets from the area.

If you have been exposed to a toxic amount of any pesticide, reach out to an attorney for help evaluating your legal options.

Legal Options

An attorney with experience handling environmental pollution lawsuits can help you. Your attorney can file a lawsuit on your behalf if you have suffered serious harm through exposure to pesticides.

Pesticide personal injury legal cases are highly complex. They require an in-depth knowledge of the law and the environmental issues involved. For the best outcome, it is important to have an experienced attorney who has handled similar cases.

To win your case, your attorney needs to show the court your exposure to the pesticide did you harm. That exposure could have been repeated exposure over time. Or it could be an instance of exposure greater than what the ordinary person would experience.

Examples of a high degree of exposure include spilling pesticide all over your clothes and directly inhaling or ingesting it. You may also be exposed to a pesticide over a long period of time, and these exposures can add up.

The way you were exposed is also important, since it has a bearing on how much of the chemical you may have been exposed to. This can also affect which harmful results the exposure had on you physically.

How W&L Can Help

Attorneys at W&L not only have experience in environmental pollution cases, but have been successful in helping clients gain the justice they deserve.

Here are two examples of recent cases:

• Settlement of $400 million for dicamba herbicide exposure for farmers who suffered damaged crops. The manufacturer commercialized dicamba-resistant seeds without a safe formulation to spray over the top of those seeds.
• Settlement reached for clients harmed by Roundup. W&L filed suit against the manufacturer since exposure to the herbicide caused Non-Hodgkin Lymphoma in our clients.

What Is a Stairway or Stairwell Accident?

Accidents on stairs or in stairwells typically involve falling down the stairs. A loss of balance on a stairway is most likely to bring about a fall. There are many different reasons for falls. ⁽¹⁾

Most of the time when you fall down the stairs, the result is you get badly hurt. Serious injuries can require you going to the hospital and needing surgery. Or maybe even a loved one dying.

“Stairs are a common source of injury among individuals of all ages and the frequency and rate of stair-related injuries are increasing,” say researchers. ⁽²⁾

Data analysis indicates “An estimated 24,760,843 patients were treated in emergency departments for a stair-related injury during the 23-year study period, averaging 1,076,558 patients annually, or 37.8 injuries per 10,000 United States residents.” The researchers continue, “the majority (67.2%) of emergency department visits for stair-related injuries was by individuals 11–60 years old,” even though young children and elderly people make up the highest rates of stair-related injuries. ⁽³⁾

In 2024, 69% of injuries in “home, structures and construction” are on stairs, ramps, landings, and floors. Of the 3,101,789 people treated in hospital emergency rooms for this category, 715,525 died. In the age group 25-64 there were 1,018,670 people injured. “Adults 65 or older, as well as children younger than 5, have the highest injury rates.” ⁽⁴⁾

Causes of Stairway Accidents

There are many reasons you might suffer from a stairway accident. Common causes of stairway accidents include:

• Defects in the stairs — Defective stairs are not ergonomically designed. Defective stairs may have narrow treads, lack sufficient headroom, have an improper slope, or include risers of uneven height. ⁽⁵⁾
• Improper or inferior lighting — When “lighting is poor, shadows are numerous, or the corridor leading to the stairs is dark,” the stairs can be hazardous. ⁽⁶⁾ Visibility issues cause mishaps due to misjudgment of distances. ⁽⁷⁾
• Dangerous stair risers — Stair riser heights and tread depths must be “uniform” and risers must “Have a maximum riser height of 9.5 inches (24 cm),” says the Occupational Safety and Health Administration (OSHA). ⁽⁸⁾ New York State Building Standards and Codes sets residential stair riser heights at “not more than 8-1/4 inches” in 2017. ⁽⁹⁾
• Damaged or faulty steps — The “tread” is the part of the stairs your foot rests on as you climb or descend. ⁽¹⁰⁾ If the tread is cracked, worn, loose, uneven, or poorly supported it can pose a hazard. ⁽¹¹⁾
• Defective railings or handrails — Cracked, broken, or wobbly handrails do not meet standards set by the New York. ⁽¹²⁾ Additionally, strict requirements exist for protective railings to be installed in stairways during construction. ⁽¹³⁾
• Leaving slick or slippery surfaces on the stairs — Waxed floors, or ice and snow, can cause steps to become slick. They can lead to trips, slips, and falls. ⁽¹⁴⁾ Stairs should be kept free of spills, wet spots, and debris at all times. ⁽¹⁵⁾
• Distractions — While using stairs, the behavior of others around you could result in your being knocked down and injured. They could fall if they are reading, talking on a cell phone, chatting with companions, carrying large items, or not holding onto handrails. If they do, they can knock into you, causing you to also fall. This is especially true if you are on public staircases or escalators, especially in subways.

“Far too many people are hurt and lives lost due to stairway falls,” says the founder of the National Floor Safety Institute (NFSI). ⁽¹⁶⁾ 

With respect to stairway accidents, design practices for stairs cannot be overlooked. Design flaws, code compliance issues, or other factors can lead to accidents. ⁽¹⁷⁾

No matter the design, stair accidents result in many types of serious injuries.

Types of Injuries in Stairway Accidents

Here are some of the serious injuries resulting from stairway accidents:

• Spinal cord damage — This damage results from injury to the spinal cord or the bones that surround it, known as vertebrae. It also includes damage to the nerves at the end of the spinal cord, says the Mayo Clinic. ⁽¹⁸⁾ Severe injury can result in paralysis, either complete or incomplete. ⁽¹⁹⁾
• Injury to the brain and head — Traumatic brain injury (TBI) is the most common brain and head injury from falls. ⁽²⁰⁾ The Centers for Disease Control and Prevention (CDC) reports there were more than 69,000 TBI-related deaths in just one year. ⁽²¹⁾
• Injuries to the back or neck — Falls are a common cause of both back and neck injury. Herniated disks and fractured vertebrae are among the possible results of falls. ^{(22) (23)}
• Broken bones/fractures — Bone fractures are frequently caused by trauma such as falls. Surgery may be required to repair some fractures. Braces, slings, splints, and casts are also used in treatment. ⁽²⁴⁾ 
• Internal bleeding — Bleeding is defined as “the loss of blood.” Internal bleeding is “when blood leaks from blood vessels or organs,” states the National Library of Medicine. ⁽²⁵⁾ Even when invisible to the naked eye, severe bleeding from the abdomen, neck, chest, groin, or pelvis can result in shock or death. In shock, the body is deprived of oxygen; 1 in 5 people who go into shock die. ⁽²⁶⁾
• Lower extremity injuries — These include dislocations or organ damage. Injuries of this type can result in amputations and arterial damage. One-third of lower extremity injury cases involve femoropopliteal artery injury (FPAI). One study found, “Despite the improvements in diagnostic tools, surgical techniques, and postoperative management, the limb salvage rate in FPAI is difficult to increase.” ⁽²⁷⁾
• Deep lacerations — Lacerations are cuts. Deep lacerations are open wounds with jagged tears penetrating the skin and potentially reaching muscles, nerves, and blood vessels. Surgical intervention may sometimes be necessary to repair deeper tissue damage. Complications of deep lacerations include tetanus, infection, bleeding, scarring, poor wound closure, and nerve damage. ^{(28) (29)}
• Sprains and strains — Known as soft-tissue injuries, sprains and strains can take a long time to heal. “Acute” injuries result from sudden trauma and can vary in severity. “A sprain is a stretch and/or tear of a ligament,” the connective tissue linking bone to bone. “Ligaments stabilize and support the body’s joints.” Separately, “A strain is an injury to a muscle and/or tendon. Tendons are fibrous cords of tissue that attach muscles to bone.” ⁽³⁰⁾

These injuries are painful, expensive to treat, can require long recovery times, and are often preventable.

Stairway Safety and Prevention

Stairway accidents are widespread. Federal, state, and local governments have put in place laws, regulations, and standards to help protect the public.

At the federal level, general requirements for all stairways in the workplace, are defined by the OSHA Standard Part 1910.25. There are only a few exceptions to this. ⁽³¹⁾

OSHA standards require handrails and guardrails, or both, to be provided on all stairways. Vertical clearance (headroom) must be at least 6 feet 8 inches. Stairs must have “uniform riser heights and tread depths between landings.” ⁽³²⁾

Additionally, stairway landings and platforms must be “at least the width of the stair and at least 30 inches (76 cm) in depth, as measured in the direction of travel.” ⁽³³⁾

Each stair must “support at least five times the normal anticipated live load, but never less than a concentrated load of 1,000 pounds (454 kg) applied at any point.” ⁽³⁴⁾

New York Stairs

New York regulations and general requirements dictate “During the construction of any reinforced concrete building or other structure, at least one stairway shall be installed which shall extend to a level not more than four floors or 60 feet, whichever is less, below the uppermost working floor or level.” ⁽³⁵⁾

New York’s standards and codes go on to establish residential riser heights at “not more than 8-1/4 inches” and tread depths cannot be “less than 9 inches.” ⁽³⁶⁾

Also, “Any temporary stairway shall not have a vertical rise of more than 12 feet between landings or floors.” ⁽³⁷⁾

Filing a Stairway Accident Lawsuit

If you have been hurt in a stairway accident, you need an experienced attorney. A personal injury attorney can help you determine if there has been any violation of these standards, codes, and regulations in your case.

After investigating your claims, your attorney files a lawsuit on your behalf. In your lawsuit, you are the plaintiff while the company you are suing is the defendant.

Your attorney files your lawsuit with the clerk of the court. The clerk then issues a summons and complaint to be served on the defendant. ⁽³⁸⁾

In New York, you must file your lawsuit in the county where either party lives. If no party lives in the city, the lawsuit may be filed in the county where either party works or does business. ⁽³⁹⁾

After the summons and complaint have been served, the defendant has approximately 20 days to respond. Once the defendant answers the summons and complaint, a court date is set. ⁽⁴⁰⁾

Establishing Negligence

To win your personal injury case in court, you must establish negligence. Negligence is a legal concept. A case of negligence shows the defendant did not behave with the “level of care” someone of “ordinary prudence” would have under similar circumstances. ⁽⁴¹⁾

Negligence cases are often detailed and complex. Experience in representing clients in these types of cases can prove invaluable to the outcome of your case. For the best possible outcome in your case, you need an experienced negligence attorney.

How W&L Can Help

Weitz & Luxenberg’s personal injury team is experienced with negligence cases in New York. Our attorneys have been helping clients hold those who harmed them accountable for close to 40 years.

Here are a few of the cases we have handled:

• Challenging negligence case gets multimillion dollar settlement for man with traumatic brain injury from second story walkway fall.
• High six figure settlement reached in airplane falling luggage case for passenger struck in the head.
• Compensation of $10 million for victim injured by faulty bungee cord brake system on zip line.

What Are Deceptive Bank Practices?

Some banks are taking actions that are deceptive and illegal. These illegal actions are known as Unfair, Deceptive, or Abusive Acts or Practices (UDAAP). Many of these affect your credit rating or cost you money.

The National Credit Union Administration says, UDAAP “can cause significant financial injury to consumers, erode consumer confidence, and undermine the financial marketplace.” ⁽¹⁾

Following several high-profile bank cases involving UDAAP, the New York State Department of Financial Services issued an industry letter in July 2022. The letter alerts financial institutions of its intent to evaluate their practices regarding overdraft and insufficient funds fees. ⁽²⁾

The federal government has many laws regulating banks. Other states, in addition to New York, may also be pursuing this type of action to protect consumers.

Cases of UDAAP in the News

Reports on cases involving UDAAP by banks and financial institutions appeared in the media in 2022. One pertains to improper overdraft fees, the other to fraudulent accounts.

A class action lawsuit alleges Trustco Bank broke the law when it charged customers multiple overdraft or insufficient funds fees for a single transaction. Trustco is alleged to have reprocessed individual transactions to charge customers the additional fees. ⁽³⁾ Those insufficient funds fees were pure profit for the bank.

In another highly publicized case, U.S. Bank was fined $37.5 million by the Consumer Financial Protection Bureau (CFPB) for “illegally accessing its customers’ credit reports and opening checking and savings accounts, credit cards, and lines of credit without customers’ permission.” ⁽⁴⁾ The bank took these actions to boost sales. ⁽⁵⁾

These are by no means the only deceptive financial practices consumers may fall victim to.

Types of Illegal UDAAP

These are other illegal UDAAP you should be aware of:

• Improper credit checks that damage credit scores — Credit scores are impacted when you apply for a loan or a credit card. These types of inquiries are known as “hard” inquiries. If your bank makes multiple hard inquiries, with or without your knowledge, your credit score could take a hit. ⁽⁶⁾
• Charging hidden fees — Some financial institutions charged fees that were unexpected, and excessively high. It was unclear why other fees were imposed. Examples of these hidden fees are card replacement, online bill pay, mobile deposit, and savings withdrawal fees. ⁽⁷⁾
• Manipulation of debit processing to maximize overdraft charges — A case in point is the Trustco lawsuit. A consumer watchdog group explains how Trustco is suspected of reprocessing items that were already charged fees as “a new and unique transaction subject to a new set of overdraft fees.” ⁽⁸⁾
• Assessing unauthorized charges — Examples of this include if you find a charge on your card or account for purchases you did not make. Or if your bank makes a math error and processes a charge for the wrong amount. ⁽⁹⁾
• Misrepresenting the interest rate — Beam Financial Inc., the operator of a mobile banking app was banned from operating any mobile app in the future. One reason for the ban, among others, was it “failed to give users the high interest rates the company promised.” ⁽¹⁰⁾
• Illegally increasing the interest rate — An example is if the interest rate on your credit card suddenly goes up. Banks can raise the interest rate on your credit card, but not without providing written notice of the change at least 45 days in advance. ⁽¹¹⁾
• Failing to post payments or deposits to accounts — Electronic processing helps debit transactions clear quickly, but it does not mean your deposits also will. Let’s say your bank fails to post a deposit to your checking account. This causes automatic payments, withdrawals, or debits from your account to bounce. The bank is then sticking you with insufficient funds fees.
• Transferring funds between accounts without your approval or knowledge — In one recent instance, “Bank of America unlawfully froze customer accounts, charged garnishment fees, garnished funds, and sent payments to creditors based on out-of-state garnishment court order.” ⁽¹²⁾
• Running bait-and-switch schemes — This can happen when you go online and see a bank is offering a great deal on certificates of deposit (CDs). You must go into their location to purchase the CD. Once you arrive, they try to sell you a completely different product. ⁽¹³⁾

For these reasons, laws exist to prevent financial institutions from implementing UDAAP. Some of these laws are specifically targeted at overdraft fees.

Improper Overdraft Fees

Overdraft protection is a service where your bank pays a transaction (check or other item) even if you do not have sufficient funds in your account at the time it is processed. The bank then charges you a fee for this service. ⁽¹⁴⁾

In the past, banks charged you a flat fee for each overdraft transaction, even for the slightest infraction. Banks have used that privilege to charge multiple fees for a single transaction. ⁽¹⁵⁾

Because of the excessive use of overdraft fees, Congress enacted the Overdraft Protection Act of 2021. This act prohibits UDAAP and specifies how overdraft fees are to be applied. ^{(16) (17)}

Consumer Protection Legislation

A critical piece of consumer protection legislation is the Dodd-Frank Act. It not only made UDAAP illegal for financial institutions, but granted industry rule-making authority to the Consumer Financial Protection Bureau (CFPB). CFPB can take enforcement action, as well as impose fines against offending financial institutions. ⁽¹⁸⁾

Regulation, supervision, and enforcement of consumer protection legislation also involves several other government agencies. Among these are the Federal Trade Commission and the Federal Deposit Insurance Corporation. ^{(19) (20)}

The Office of the Comptroller of the Currency also plays a role, since it supervises national banks and federal savings associations. ⁽²¹⁾

Fraudulent Accounts

Despite consumer protection laws, you can still be harmed when financial institutions make multiple hard credit inquiries on your account even though you did not apply for a credit card or a loan. These multiple hard inquiries can lower your credit scores.

More serious harm can be done when your personal information is accessed illegally, then used to open sham accounts. This is what happened in the U.S. Bank case.

Additional Consumer Protection Laws

Other laws have been enacted to help further protect consumers and curtail fraudulent practices. Among the laws fraudulent practices may breach are the:

• Consumer Financial Protection Act.
• Fair Credit Reporting Act.
• Truth in Lending Act.
• Truth in Savings Act.

Of particular interest is the Fair Credit Reporting Act (FCRA).

Improper Credit Checks

FCRA protects your personal information by limiting who can access the information and how it can be used. ⁽²²⁾

Typically, government agencies, lenders, debt collectors, utility companies, landlords, and insurance companies are permitted to access your credit report for specific purposes. For other purposes, your permission is required. ⁽²³⁾

Here are some examples of improper credit checks: ⁽²⁴⁾

• An employer or potential employer checks your credit without your permission.
• Someone looking to file a lawsuit against you wants to determine the value of your assets.
• A creditor checks your report after you have paid off your debt, or when you are not bound by a contract on an account.
• Someone wants to use your credit report as evidence against you in a legal proceeding not related to your credit, such as a divorce or criminal case.

Legal Options

If your credit information has been improperly accessed, or a bank has charged you illegal fees, you should hire an experienced attorney to help you explore your legal options.

An attorney can help put an end to your bank or financial institution’s unfair practices by filing a lawsuit on your behalf.

To win your case, your attorney needs to show the court the bank’s actions were unfair. To qualify as “unfair”, the act must be likely to cause substantial injury, the injury is not reasonably avoidable, and the injury outweighs any benefits. (25)

In most cases, these are class action lawsuits because the bank has also harmed many other individuals. Weitz & Luxenberg is currently filing multiple lawsuits against banks for these types of activities.

How W&L Can Help

Weitz & Luxenberg proudly helps clients protect themselves from businesses that victimize them. Here is a sampling of our consumer protection case successes:

• W&L wins $27.4 million verdict for client diagnosed with mesothelioma from use of talc-based baby powder.
• W&L clients in lawsuit settlement over exposure to Roundup weed killer, resulting in cancer diagnoses.
• W&L clients in class action settlement for cyberattack leading to a data breach involving personal identification and health information.
• W&L settles class action lawsuit worth $3.6 million on behalf of clients who drank contaminated energy drinks.

Gyms and fitness facilities aim to improve your overall health through physical activity. But they can also increase your chances of injury, based on exposure. ⁽²⁾ Simply put, the more you exercise, the higher your risk of injury. ⁽³⁾

Still, gyms and fitness centers remain widely popular. One study found, “In America, over 60% of those aged 6+ years participated in fitness sports (e.g. treadmill, free weights, boot camp, group exercise classes) in the previous 12 months.” ⁽⁴⁾

Causes of Gym Accidents

Despite their popularity, gyms are places where accidents happen all too frequently. The causes of gym accidents are numerous.

Among the most common are:

• Unqualified staff — An “under-educated” fitness instructor or trainer can facilitate serious injuries, with death as a possible outcome. For example, an unconditioned client may suffer a heart attack from using a treadmill. ^{(5) (6)}
• Infections — Failure to wipe down equipment after use could spread bacteria and other germs. Infections are also contracted by person-to-person contact, not wearing shoes or flip flops, or failing to wash hands and use sanitizers. At least eight infections can be contracted: staph, athlete’s foot, ring worm, colds and flu, plantar warts, impetigo, herpes, and hot-tub rash. A staph infection can be very serious. ⁽⁷⁾
• Equipment malfunction — When equipment does not work properly you could get hurt if you use it. This could be either because it has not been well maintained or due to the quality of the equipment itself. ⁽⁸⁾
  • Broken Equipment — Frayed cords or snapped cables can cause burns or electrocution. Dislodged parts of equipment can strike you or crush a limb. Cracked or chipped edges on equipment can also penetrate and become lodged in your body. ⁽⁹⁾
  • Caught in equipment — Body parts can become caught in machines. For example, fingers can get stuck in treadmill belts. Or you could become entrapped in a pool drain. ⁽¹⁰⁾
  • Crushing — Being crushed by falling objects or dropped weights accounted for 16.3% of exercise-related injuries seen in emergency departments in one study. ⁽¹¹⁾
  • Struck by equipment or wall — This is very common in boxing-related activities. It occurred in 47.4% of cases requiring a trip to an emergency department according to the study. ⁽¹²⁾
• Falls — Falls accounted for 12.5% of fitness-related injuries in emergency departments in one study. Falls can occur while using motorized equipment, like treadmills. They happen most often during group classes. Slips and falls can also happen in locker rooms where floors may be wet. ⁽¹³⁾
• Foreign objects — These can get into your body parts. A common example would be if you step on a shard of glass on the floor and it becomes lodged in your foot. ⁽¹⁴⁾
• Poisoning or allergy — Chemicals used to clean or treat equipment, floor surfaces, or pools may result in harm to workers and gym members. This happens if chemical are not used or stored properly. Poisoning can even result from unfiltered water supplies. ^{(15) (16)}

Gym Accidents Can Occur Through Negligence

Working out in fitness facilities and gyms can result in death, disabling injuries, long recovery times, and loss of income. Many of these cases involve negligence.

“Negligence is conduct that falls below a standard of care established by law for the protection of others against unreasonable risk of harm.” You must show the gym owed you a duty of care and didn’t provide it. ⁽¹⁷⁾

Gym owners, operators, personal fitness trainers, and other employees can be held accountable for injuries to members and other visitors. They can be found guilty of negligence if you were injured while on their premises or working out under their guidance.

Here are a few types of gym accidents resulting from negligence:

Faulty Gym Equipment

When physical inspections of all equipment and areas of the facility are not performed regularly, serious hazards could arise. ⁽¹⁸⁾

Let’s say you step on the treadmill. It begins moving then suddenly speeds up, causing you to fall off. Or, worse yet, suffer a heart attack.

Gym owners and operators must keep up with physical inspections of the treadmill. If repairs were not made, or were inadequate, they can be held accountable for your injuries.

Injuries by Trainers

One of the primary concerns of the fitness industry involves inadequate education and experience for fitness trainers. When they do not have adequate knowledge, they can create fatal situations.

Trainers should be able to assess your physical condition before any fitness workouts. “Certain individuals may be at a higher risk of injury due to injury-prone biological characteristics.” ⁽¹⁹⁾

Gym Owners

Gym owners can be held responsible for any injuries suffered on their premises, especially if they knew — or should have known — of the hazard leading to your injuries. ⁽²⁰⁾

Suppose records show a gym owner knows there is an overload of multi-plugs to power equipment, but fails to remedy the situation. If a fire breaks out, and you suffer serious burns or lung damage from smoke inhalation, the owner can be held accountable.

Other Gym Members

The behavior of other gym members also could result in injuries or deaths. Gym members under the influence of drugs, alcohol, steroids, or who are fatigued or stressed can create hazards. ⁽²¹⁾

New York State Law

Among the most serious threats to gym users are the risks of stroke or heart attack. To help prevent these injuries and save lives, state governments pass laws affecting health clubs, gyms, and spas.

New York State deems health clubs and staff to be a “public access defibrillation provider.” The law requires ready access to external defibrillators at gyms. It also requires the gym to have certified staff or volunteers on hand who can use those defibrillators.⁽²²⁾

If your gym does not have working defibrillators and properly trained and certified staff, they are breaking the law.

Personal trainers should conduct pre-exercise screenings of members. This helps identify pre-existing conditions, and risk factors for heart attacks and strokes. If no pre-exercise screenings are done, or are done inadequately, there may be grounds for a lawsuit. ⁽²³⁾

Who Is Responsible for Your Gym Accident?

Owners and staff of gyms are not automatically liable for injuries from a gym accident. Responsibility for your injuries hinges on two factors: duty versus assumption of risk and primary assumption of risk. ⁽²⁴⁾

Each person is held “to a standard of care of an ordinary, reasonable, and prudent person under the same or similar circumstances.” This “applies to sports or recreational activities where ‘conditions or conduct that otherwise might be viewed as dangerous often are an integral part of the sport itself’ and their removal would alter the nature of the sport.” ⁽²⁵⁾

For example, if you are middle-aged, sedentary, and overweight, it appears obvious your physical condition increases your risk of a heart attack. Therefore, if you engage in a strenuous workout at a gym — with or without a personal trainer — you are accepting responsibility for any possible injuries.

It is a different matter altogether if you are young, in good physical condition, and have no known underlying health conditions. In this case, when you engage in strenuous exercise, you have no reasonable expectation of injury as an outcome.

You have not necessarily assumed the risks. So, if you are injured, it could be due to negligence.

Filing a Gym Accident Lawsuit

Gym accident cases based on negligence are highly complex and require a thorough understanding of the law and its applications.

The services of an experienced and knowledgeable attorney can prove invaluable to the outcome of your case. Your attorney can help you to determine if you should file a lawsuit and take the necessary steps to do so.

In New York City, the person suing (plaintiff) must file their lawsuit in the proper county. “If no party has residence, employment, or transacts business within the City, the action must be filed in the county where the cause of action arose.” ⁽²⁶⁾

Filing your lawsuit involves submitting applying to the clerk of the court. The clerk issues a summons and complaint to be served on the defendant. The defendant normally has 20 days to file an answer. Once the defendant has filed an answer with the court, a court date is set. ⁽²⁷⁾

What Happens If You Signed a Liability Waiver?

To try and avoid lawsuits, sometimes gyms, fitness centers, and health clubs require you to sign a liability waiver as a condition of using their facilities. However, you may still be able to sue them under New York State’s General Obligations Law.

This law stipulates liability waivers for negligence are invalid. They are “void as against public policy and wholly unenforceable.” ⁽²⁸⁾

Compensation for Gym Accident Cases

Many times, lawsuits are resolved out of court by reaching a negotiated settlement. If your case goes to court, and you win, you also may be awarded monetary compensation.

Monetary compensation from a lawsuit can be for:

Lost wages — If you cannot work or lose your job due to your injuries.

Medical bills — Expenses and treatments related to your injuries.

Pain and suffering — Due to mental and physical suffering from injuries. For example, mental anguish, humiliation, or embarrassment over disfigurement, impairment, and inconvenience.

Property damage — To compensate for the loss of property or for the expense of repairs.

Punitive damages — As punishment when a defendant’s behavior has been particularly egregious.

To achieve the most beneficial outcome for your case, it is important you obtain an attorney who is experienced and knows personal injury law inside and out.

How W&L Can Help

Weitz & Luxenberg’s team of personal injury attorneys has experience with complex negligence cases. Here is a sample of our successful case outcomes:

W&L landed a high six figures settlement for our client struck by falling luggage from an overhead bin on an airplane.

W&L won a $13.34 million judgement for our client hit on the head with a baseball bat and dragged outside of a bar by the bouncer.

W&L obtained a multimillion dollar settlement for our client who fell from a second story walkway, because the apartment building owner failed to install any barriers along its outer edge.

What Are Exactech Knee Liners?

Knee replacement implants have multiple parts, including a liner. The liner goes between parts of the implant.

Exactech manufactures multiple brands of knee replacement implants and liners. Brands include: ⁽¹⁾

• OPTETRAK® knee replacement systems.
• OPTETRAK Logic® knee replacement systems.
• OPTETRAK ® Patella devices (recall notice dated 4/18/2024).
• TRULIANT® tibial inserts and components for primary and revision surgeries.

The company has voluntarily recalled numerous knee models due to defective polyethylene implant liners. ⁽²⁾

The company’s polyethylene liners can degrade prematurely. This degradation can lead to early device failure.

Complications and Side Effects

When you get joint replacement surgery — whether it is for a knee or hip — it is supposed to last for decades.

In this case, the Exactech implants are not meeting those standards. Instead, knee joint replacements patients are suffering from serious injuries due to the recalled implants and must have them prematurely removed with revision surgery.

Exactech has reported these kinds of complications: ⁽³⁾

• Statistically significant higher and earlier than expected revision rates in Optetrak TKR.
• Premature polyethylene (plastic) wear.
• Potential development of osteolysis (bone loss) in the first-generation Optetrak TKR.

In addition, “Polyethylene wear can initiate a variety of clinical issues.” ⁽⁴⁾ This includes:

• Device loosening.
• Device fracture.
• Mechanical failure.
• Pain.
• Bone loss.
• Recurrent swelling in the affected area.

What Did Exactech Recall?

Exactech has issued a recall of all its “total knee, partial knee, and ankle devices with plastic inserts packaged in the non-conforming bags with the missing layer of EVOH.” ⁽⁵⁾

If you are suffering any of the symptoms or diagnoses indicated, you may have been implanted with a defective device. In many cases, you don’t know the brand of total knee replacement or partial knee replacement insert used in your procedure. Even fewer patients know the identifying serial number of the implant in your body.

If you suspect you received a recalled implant, you can contact the surgeon who performed your procedure. They should be receiving details about the recalled devices. Surgeons were supposed to send out letters advising patients of the recall, but surgeons may have retired or moved or you may have moved and did not receive a letter sent to your old address.

What Is a Recall?

A recall is a way of “removing or correcting products” violating laws the FDA oversees. A “recall is a voluntary action” that takes place to protect the public health “from products that present a risk of injury or gross deception or are otherwise defective.” ⁽⁶⁾

A manufacturer or distributor of a defective product can voluntarily initiate a recall at any time. Sometimes the FDA steps in and requests the manufacturer or distributor issue a recall. ⁽⁷⁾

When the FDA instructs a company to recall a product, the situation is considered urgent. The FDA directs “the firm that has primary responsibility for the manufacture and marketing of the product” to issue a recall. ⁽⁸⁾

Although the FDA may initially clear an orthopedic medical device for manufacturing and distribution in the U.S., the agency keeps an eye on how the devices are working among real people. The agency collects adverse events reports and maintains a database about potentially defective products. Sometimes, recalls are necessary, and the FDA acts to prevent further harm.

Data from Australia

Data from other countries which have single payor health systems, enabling their regulatory authorities to track implants and their failure or revision rates, is even more informative. The Australian Orthopaedic Association National Joint Replacement Registry did an analysis that compared the Optetrak-PS/Optetrak-PS femoral/tibial combination with all other total knee prostheses. It found, “This combination has been identified as having a significantly higher rate of revision.” ⁽⁹⁾

New FDA Knee Approval May Indicate Defects in Recalled System

Exactech applied for FDA clearance for a new knee polyethylene tibial insert. The manufacturer announced they received it on August 22, 2023. The new component is called the Activit-E polyethylene (PE). It contains a vitamin E antioxidant. That means it does not require gamma sterilization. The previous formulations of the material did. ⁽¹⁰⁾

This new product is intended to replace the recalled one. Exactech claimed the old polyethylene liner was acceptable to continue to use, when it had the proper packaging.

However, the creation of this new implant implies that issues in addition to the packaging were behind the need for the recall. We believe there were concerns at Exactech over additional problems with the polyethylene liner formulation and manufacturing itself.

Filing an Exactech Lawsuit

Weitz & Luxenberg has filed numerous cases on behalf of clients injured by Exactech knee failures in various federal courts. In June 2022, our attorneys filed a petition with the Judicial Panel on Multidistrict Litigation to create the multidistrict litigation (MDL) for Exactech’s defective polyethylene inserts. The request covered the inserts used in knees, hips, and ankles. It was approved on October 7. The MDL is No. 3044 – In re: Exactech Polyethylene Orthopedic Products Liability Litigation in the Eastern District of New York in Brooklyn. W&L partner, Ellen Relkin, is the co-lead counsel. Ms. Relkin is chair of our Drug and Medical Device Litigation team. Attorney Danielle Gold is a member of our team. She is serving on the Science and Experts subcommittee.

Because many thousands of these devices have been implanted, it’s possible the legal cases may number in the thousands. The number of complaints has continued to rise as patients who receive the recall notice go to their doctors for evaluation. These patients are given X-rays, MRIs — and even a procedure called an aspiration — to evaluate the state of their Exactech knees. From the procedure results, patients are learning their prosthesis has loosened, the inserts have degraded and shredded, there is polyethylene debris in the fluid around the knee, and that they need revision surgeries.

Your device may have loosened prematurely. Your surgeon may have performed a revision surgery already or may have recommended you undergo a revision surgery. These are more complex than primary surgeries and typically require more extensive treatment, follow-up, and physical therapy.

Choosing W&L for Your Lawsuit

As of June 2022, W&L attorneys with offices in New York, New Jersey, California, and Michigan, have already filed multiple lawsuits in federal and state courts against Exactech for this issue. We are encouraging patients who received these defective implants to reach out to us if your implant has failed.

Contact our attorneys at W&L by filling out the form on this page or by calling us at (917) LAWYERS. You can get a consultation from us for free.

Once you have hired the attorney who is right for you, you are guided you through all the necessary legal steps. Your attorney can discover if you may be able to join the litigation already beginning.

W&L Successful Lawsuits for Defective Joint Implants

W&L attorneys have been handling complex, national litigation involving defective drugs and medical devices for almost four decades. Over the years, we have been awarded more than $19 billion dollars on behalf of our clients.

It is our mission to fight against companies marketing and distributing defective products and endangering people’s lives. These companies may be out to make as much money as possible, but we have dedicated ourselves to standing up to them if you have been harmed. We are holding them accountable for the damage they have caused you.

Here are a couple examples of our defective orthopedic implant victories:

• $1 billion+ – W&L negotiated this settlement with Stryker on behalf of roughly 3,000 patients who were injured by the company’s Rejuvenate and ABGII modular hip implants.
• $2.5 billion – W&L secured this settlement with DePuy on behalf of thousands of patients who received the company’s defective ASR hip implants.

“Legal liability alone can serve as an economic signal to deter firms from producing unsafe food and… can also serve as an indirect regulator promoting food safety,” concludes a prominent law school. ⁽³⁾

NYC Restaurant Incidents

Culinary industry accidents are not rare. They happen everywhere, even in New York City (NYC).

The most potentially serious injuries in restaurants are caused by slip and fall accidents. The rate of fatal occupational injuries in NYC during 2023 reached 28% for slips, trips, and falls reports the U.S. Bureau of Labor Statistics (BLS). ⁽⁴⁾

The rate for exposure to harmful substances or environments was equal to that, also at 28%. ⁽⁵⁾ Exposure could, for example, come from ingesting contaminated food.

Causes of Restaurant Accidents

The reasons for these restaurant accidents vary. In the culinary industry, harmful accidents at restaurants are likely to result from:

• Hot food or plates — Burns can result from cooking with oils. Steam burns can result from handling plates or consuming food that is too hot. For example, a delivery driver suffered severe burns when a Starbucks drink spilled in his lap at a California drive-through. ⁽⁶⁾
• Food poisoning — Estimates from the Centers for Disease Control and Prevention (CDC) indicate 53,300 hospitalizations and 931 deaths annually from foodborne illnesses. ⁽⁷⁾
• Foreign objects in food — These can get into restaurant foods in several ways. The objects could be in ingredients the restaurant purchased from suppliers or manufacturers. Perhaps the restaurant employees did not follow thorough food safety procedures. ⁽⁸⁾ “Most foodborne illness outbreaks linked to restaurants are related to unsafe food handling by workers. Studies have shown that food workers often do not handle food safely,” says the CDC. ⁽⁹⁾
• Slips, trips, and falls — In NYC, the total number of occupational fatalities due to these was 28 in 2023, according to BLS. ⁽¹⁰⁾ Uneven walkways, wet floors, poor lighting, lack of signage, or missing handrails can all pose fall risks. ⁽¹¹⁾ The National Floor Safety Institute (NFSI) estimates 8 million people visit hospitals annually due to fall injuries. ⁽¹²⁾

Types of Injuries

Restaurant accidents can lead to a wide range of injuries. The types of injuries suffered in restaurants include:

• Burns — Burns can result when things are too hot. They can also happen if the staff does not have the proper safety gear. For example, glasses and gloves may be necessary when flambéing a dish at tableside, or when cooking with hot oil. ⁽¹³⁾
• Fractured bones — Falls cause most bone fractures in restaurant accidents. Fractures or head injuries occur in 20% of the cases of all older people who fall. ⁽¹⁴⁾ Falls on stairs and floors are among the top causes of the most injuries and fatalities for older people, says a Consumer Product Safety Commission report. ⁽¹⁵⁾
• Head injuries — “Falls are the most common cause of traumatic brain injuries (TBI),” says the CDC. It notes one in 10 falls results in injury to older adults causing them to restrict their activities or seek medical care. ⁽¹⁶⁾
• Neck and back injuries — The nature of restaurant work involves repetitive bending and lifting, especially of heavy trays of food. This can result in overuse or improper use of the muscles, tendons, ligaments, and joints of the back and neck. Along with pain, workers could suffer significant damage. Guests could also suffer these types of injuries if they fall at a restaurant.
• Lacerations — Lacerations and cuts are skin wounds. Cuts can be caused by contact with broken glass, knives, or other sharp objects. Lacerations are caused by blunt trauma. ⁽¹⁷⁾ Such wounds can be serious, especially if they become infected. If left untreated, lacerations can result in up to a 15% infection rate. ⁽¹⁸⁾
• Sickness from food poisoning — “Researchers have identified more than 250 foodborne illnesses caused by bacteria.” ⁽¹⁹⁾ These illnesses can cause serious long-term health problems like kidney failure, brain and nerve damage, or chronic arthritis. ⁽²⁰⁾ According to a CDC report, in one year “841 foodborne disease outbreaks were reported, resulting in 14,481 illnesses, 827 hospitalizations, 20 deaths, and 14 food product recalls.” Of these outbreaks, 489 outbreaks were in restaurants. ⁽²¹⁾
• Sprained ankles — A sprain is a stretch or tear of the ligaments. “A sprain injures the bands of tissue that connect two bones together.” ⁽²²⁾ Sprained ankles can result from turning your ankle the wrong way. For example, if you slip on a wet or uneven floor in the restaurant. Or maybe you landed on your ankle awkwardly while descending steps there.
• Strained and sprained ligaments — “A strain involves an injury to a muscle or to the band of tissue that attaches a muscle to a bone.” ⁽²³⁾ Restaurant workers can suffer back strain while lifting heavy trays of food. Patrons may suffer a strain if they attempt to brace themselves on an unsecured railing.
• Twisted knees — A twisted knee is another term for a strained or sprained knee. Knees are held together by ligaments. These ligaments “keep everything in place, stopping the knee from sliding too much one way or another.” This injury can happen during a fall and often involves the ACL (anterior cruciate ligament). “The ACL limits the forward motion and the twisting motion of the shinbone and is thus prone to injury when the knee is extended beyond a normal range.” ⁽²⁴⁾

These injuries can be very serious. They can require lengthy hospital stays, and expensive treatment. You want to hold those responsible accountable. An attorney can help you determine who should bear responsibility for your injuries.

Who Is Responsible for the Accident?

Restaurant owners and operators have a duty to provide a safe and clean establishment for both employees and customers. When illness or injury occur on the restaurant premises, owners and operators can be held liable if their action or failure to act — negligence — caused your illness or injury. ⁽²⁵⁾

For example, lack of proper signage is a safety hazard. Say a restaurant employee fails to post signs warning patrons of wet floors after mopping up a spill in the dining room. When you walk across the wet floor, you slip and fall. You seriously injure your back. The restaurant owners and operators can be held liable because no signs were posted.

The key factor in your case is to show the court the owners knew of the hazardous conditions or should have known about them. You need to prove they did not take reasonable steps to prevent harm. ⁽²⁶⁾ In other words, they did not act with the same level of care as any reasonable person might have, given similar circumstances. ⁽²⁷⁾

Negligence can also fall under premises liability. Premises liability laws vary by state. Owners or operators of properties can be held accountable if they created or allowed a dangerous condition to exist on their property. ⁽²⁸⁾

Filing a Lawsuit

To file a lawsuit against a restaurant where you were injured or became ill, you should hire an attorney. An attorney can help you determine who should be held accountable. A knowledgeable attorney can help you file your lawsuit.

In New York, you must file a lawsuit in the proper county. You can file your lawsuit in the county where either you (the plaintiff) or the party you are suing (the defendant) reside. ⁽²⁹⁾

“If no party resides within the City, the action can be brought in the county where either party has employment or transacts business, provided the defendant has some connection to the City. If no party has residence, employment, or transacts business within the City, the action must be filed in the county where the cause of action arose.” ⁽³⁰⁾

Once your attorney files the appropriate application for your lawsuit — and the fee is paid — the clerk of the court issues a summons and complaint. The clerk then assigns an index number to your case. Next, your attorney has the summons and complaint served to the defendant in your case. ⁽³¹⁾

Defendants have 20 days to file an answer to the summons and complaint. Afterwards, a court date is set. ⁽³²⁾

In the meantime, your attorney may negotiate a settlement with the defendant in your case. If not, your attorney goes to trial on your case.

Compensation Options in Restaurant Accidents

Monetary compensation (damages) for restaurant accident claims can come in several forms. You may be awarded damages for:

• Lost wages.
• Medical bills.
• Pain and suffering.
• Property damage.
• Punitive damages

“Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.” ⁽³³⁾

An experienced attorney can help you obtain the best possible financial outcome for your case.

How W&L Can Help

If your case goes to court, the court reaches a verdict and may award damages. However, many cases are settled out of court.

Restaurant accident cases are personal injury cases. W&L has a team of attorneys who focus on personal injury cases, like yours. We are proud to represent our client’s interests and help you obtain compensation.

Here are some examples of our successful cases:

• Major settlement — Our client was injured by falling luggage while on an airplane.
• $13.34 million judgment — Our client suffered serious injuries from an attack by a bouncer at a bar in Queens.
• Multimillion-dollar settlement — Our client fell 25 feet from a second story apartment building walkway lacking fencing around its outer edge.

Updated July 2025

President Biden has signed into the law the Honoring Our PACT Act of 2022 (the “PACT Act”) in order to aid Marines and others who were on the base for those 34 years and developed a later injury due to consumption of contaminated water.

“We hope that the passage of this legislation finally brings justice to veterans and others exposed to contaminated water at Camp Lejeune decades ago,” says Robin L. Greenwald. Ms. Greenwald is a W&L partner and co-chair of our Environmental, Toxic Torts, and Consumer Protection Litigation group.

“If you were injured while stationed at Camp Lejeune and serving our country, we believe you and your family deserve compensation for your pain and suffering. And we will do everything possible to help you,” Ms. Greenwald emphasizes.

The PACT Act makes it possible for you to sue the U.S. federal government for compensation. The window of time for doing this is short, so consult with an attorney as soon as possible. We anticipate that claims under the PACT Act encompass those working or stationed in the broader Camp Lejeune facility, rather than merely those living in the areas supplied by the two impacted well fields.

Discovering Contaminated Water at Camp Lejeune

In 1982, scientists confirmed that two water supply systems for the Marine Corps Base Camp Lejeune in Jacksonville, North Carolina were contaminated with several toxic chemicals. ⁽¹⁾

These water supply systems provided water to unmarried service personnel and families of enlisted Marines. They also supplied water for administrative based offices, schools, and recreational areas. In addition, the Hadnot Point water system furnished water for the base’s hospital, an industrial area, and housing on Holcomb Boulevard’s water system. ⁽²⁾

What Toxic Chemicals Have Been Found in the Water at Camp Lejeune?

The routine testing conducted at the water treatment plants and supply wells identified several toxic contaminants, the most concerning of which were TCE (trichloroethylene), PCE (also called tetrachloroethylene), vinyl chloride (VC) and benzene. ⁽³⁾

TCE is a common solvent used as a degreasing agent to clean metal parts during manufacturing. PCE is used in dry cleaning processes and can also be used as a metal degreaser. In groundwater, both TCE and PCE can degrade to become vinyl chloride. And benzene is a chemical used to make other chemicals. Both vinyl chloride and benzene can be used to make resins, plastics, nylon, and synthetic fibers. ⁽⁴⁾

How Did the Water Get Contaminated?

The contamination at Camp Lejeune entered the water systems through the groundwater and was found to be from several different sources. The supply wells in both systems then fed this groundwater to the Tarawa Terrace and Hadnot Point treatment plants. Subsequent modeling studies were able to determine how these contaminants spread, and where they came from.

PCE is the primary contaminant in the Tarawa Terrace system. Research indicates that ABC One-Hour Cleaners, starting around 1953, caused the PCE contamination through spills and improper disposal methods. One-Hour’s actions over a period of years resulted in the significant contamination of the underlying groundwater. Testing in 1985 found PCE levels at 215 parts per billion (ppb), while the current maximum contamination level (MCL) for PCE is 5 ppb. Tarawa Terrace supplied water to family housing in Tarawa Terrace and the Knox Trailer Park. ⁽⁵⁾

Water from Hadnot Point was found to be heavily contaminated with TCE. The Navy believes that multiple sources, including leaking underground storage tanks, are responsible for this contamination. May 1982 testing found TCE levels at 1,400 ppb, while the current standard for TCE is 5 ppb. Hadnot Point supplied water to the Mainside barracks, Hospital Point family housing, and family housing at Midway Park, Paradise Point and Berkeley Manor until 1972. The Navy also found other contaminants in the water. ⁽⁶⁾

Investigation also confirmed the presence of contaminants in the Holcomb Boulevard water system. Along with the identified housing areas, these water systems also provided water to both administrative and recreational facilities in the immediate area. ⁽⁷⁾

By the time the contamination was discovered, these treatment plants had both been operating for decades, having opened in 1952 and 1943, respectively. And they have both since been closed. ⁽⁸⁾

Cancer and Other Diseases Associated with Water at Camp Lejeune

Chemical-contaminated water can lead to many life-threatening cancers and diseases.

Some conditions that may be linked to Camp Lejeune contaminated water include: ⁽⁹⁾

• Bladder, brain, cervical, kidney, liver, esophageal, prostate, lung, thyroid, colon, larynx, breast, or oral cavity and pharynx cancer.
• Hepatic steatosis.
• Leukemia.
• Miscarriage or female infertility.
• Multiple myeloma.
• Myelodysplastic syndromes and aplastic anemia.
• Non-Hodgkin Lymphoma.
• Parkinson’s Disease.
• Kidney disease and Renal toxicity.
• Scleroderma.
• Systematic sclerosis.
• Non-Cardiac birth defects.

These listed diseases and ailments are the health conditions that the Veterans Administration has previously identified as qualifying conditions in connection with the Camp Lejeune Families Act of 2012, along with conditions identified by the government as having a causal relationship with the chemicals present at Camp Lejeune.

Camp Lejeune Justice Act Offers Victims Compensation

The PACT Act makes it possible for you to take legal action and pursue compensation for being exposed to contaminated water. ⁽¹⁰⁾

This new law means that you can sue for pain and suffering, as well as your related medical costs. You may now be eligible for compensation even if you were previously denied disability or benefits by the Veterans Administration. This new law allows W&L to take Camp Lejeune contaminated water cases and may give you the opportunity to file for compensation.

The law states an individual, a veteran, or a legal representative who had “resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States” to “bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.” ⁽¹¹⁾

The PACT Act identifies a two-step process to assert a claim. Claimants must first submit an administrative claim to the Department of the Navy, using a standard government form. That form requires the identification of the injury or injuries connected with claimant’s exposure to the chemical contaminants at Camp Lejeune, as well as injuries that may be secondary or attributed to the initial injury. For example, if someone developed cancer due to exposure and then suffered a form of cardiac impairment or injury from chemotherapy treatment, then, we believe, both issues are connected with the exposure to contaminated water and should be identified.

How W&L Can Help

Weitz & Luxenberg is a nationally recognized personal injury law firm with experience handling complex personal injury and environmental lawsuits. Reach out to us today by phone at (917) LAWYERS or by using the form on this page. A consultation is free.

We have pursued large-scale litigation at the national level against multimillion dollar corporations, as well as governmental agencies.

Plus, we have a solid history of winning. Here are just a few examples of our victories:

• W&L helped to lead the Porter Ranch (Aliso Canyon Well Blowout) litigation and aided in the negotiation of a $1.8 billion settlement in that lawsuit. The case addressed the personal and property injuries arises from a 118-day gas leak.
• W&L was appointed by the federal court in the Roundup litigation as members of the plaintiffs steering committee and served as co-lead of that committee. W&L played an integral part of that litigation and has been involved in every aspect of the case.
• W&L negotiated a $65 million settlement for thousands of residents and businesses in Hoosick Falls, New York, whose water was contaminated with the toxic manmade chemical PFOA (perfluorooctanoic acid).
• W&L secured a $23.5 million settlement for residents of Petersburgh, New York, whose water was poisoned with PFOA, a dangerous synthetic.
• W&L helped achieve a $423 million settlement on behalf of 153 public water systems across the country whose water was contaminated with methyl tertiary-butyl ether (MTBE), a flammable gasoline additive now banned in many states because of how dangerous it is.