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“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.

What Is a Helicopter Accident?

Helicopter accidents are common. The United States Helicopter Safety Team (USHST) reports there were 78 helicopter accidents in the U.S., 11of them fatal, in 2024. A total of 26 deaths resulted from those accidents. ⁽¹⁾

Since 2004, there have been at least 9 helicopter crashes in New York City (NYC) alone. According to the Associated Press, “At least 32 people have died in helicopter accidents in New York City since 1977.” ⁽²⁾

Helicopters are aircraft. “A helicopter is a type of aircraft that uses rotating, or spinning, wings called blades to fly… A helicopter’s rotating blades, or a rotor, allow it to do things an airplane cannot.” ⁽³⁾ For example, helicopters “can take off and land vertically, hover in place, and move in all directions – forward, backward, and sideways.” ⁽⁴⁾

Any accident involving an aircraft is “an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.” ⁽⁵⁾

Causes of Helicopter Accidents

Knowing what constitutes a helicopter accident also raises the question of what causes these accidents in the first place.

Helicopter accidents may be caused by a number of things. Here are some of the most common:

Operational Pilot Error

The most frequent factor in helicopter accidents is pilot error, says aviation training provider Pilot Institute. Pilots may be fatigued, under extreme pressure, or dealing with complicated equipment. Their work is intensive, requiring tremendous amounts of information processing. ⁽⁶⁾

“There are reasons why the pilot error is even more likely in a helicopter than in an airplane. Firstly, most helicopters require more hands-on flying than fixed-wing aircraft,” points out Pilot Institute. ⁽⁷⁾

Mechanical Malfunction

Most helicopter crews fear mechanical failure, “because of its potential severity…the failure of a key helicopter component such as the rotor and rotor shaft, main gearbox, or tail rotor often proves fatal. In no other type of flying machine is so much stress placed on single components.” ⁽⁸⁾

Electrical Malfunction

Crashes can happen if an electrical malfunction occurs while in the air. “More and more operations in today’s flight environment are dependent on the aircraft’s electrical system,” indicates an aviation education handbook. “On small, piston powered helicopters, electrical energy is supplied by an engine-driven alternator by means of a belt and pulley system similar to that of an automobile.” ⁽⁹⁾

Environmental Factors

Another common reason why helicopters crash is environmental factors. “Flying in snow, rain, sleet, fog, or any other scenario where visibility is impaired” can cause accidents. “Other environmental factors include bird strikes, which are more likely to happen in a helicopter than in an airplane due to the fact that helicopters are so often flying at lower altitudes.” ⁽¹⁰⁾

Injuries and Deceleration

Helicopter crashes can result in severe, life-threatening injuries. Injuries sustained during a crash depend upon the deceleration you are subjected to during the crash. ⁽¹¹⁾

Deceleration forces vary and are measured as g-force. G-force is a measure of acceleration on your body due to gravity. ⁽¹²⁾

“Factors that influence the effects of deceleration are the initial rate of speed, the distance covered and time consumed in deceleration, the direction of forces, and the area of distribution.” ⁽¹³⁾

High levels of G forces for short periods of time are survivable. “The amount of G forces that are tolerable differs by individual. But for all of us it depends on three factors: the direction in which the G forces are felt, the amount of G’s involved, and how long those G’s last,” explains NOVA. ⁽¹⁴⁾

Examples of deceleration injuries:

• Loss of consciousness — From G forces of 4 or 5, felt from head-to-toe. However, well trained pilots can handle 4 or 5G. 
• Loss of consciousness — Negative G forces, those felt from toe-to-head, even in well trained pilots.
• Fractures — Begin occurring at 35G.
• Pulmonary artery tear — Feeling 70G on the chest, even for short periods of time, is a lethal injury.
• Fluid displacement or tissue deformation — From exposure to G forces of longer than 0.2 seconds. ⁽¹⁵⁾
• Pulse rate increase, drop in blood pressure, weakness, and pallor of the skin —happens with exposure to 30G. ⁽¹⁶⁾

Injuries also can result from coming into contact with the aircraft structure or equipment.

Specific Injuries from Aircraft Accidents

The long list of specific injuries you can get in an aircraft accident includes:

• Death — In 2024 there were 44 helicopter accidents, 7 of them fatal accidents in which 16 people died. ⁽¹⁷⁾
• Bone fractures — Limb fractures, including parts of the legs and arms, are common. So are fractures of the spine. “Orthopaedic injuries secondary to helicopter crashes often present as polytraumas with poor prognoses. ⁽¹⁸⁾ 
• Burns — These are caused by the crash itself. “Post-impact fire (PIF) contributes significantly to injuries and fatalities in accidents that are otherwise potentially survivable.” The fuel is highly volatile with a low flashpoint. Victims are very close to the fuel tanks and there is only about 20 seconds of escape time. ⁽¹⁹⁾
• Spinal cord injuries and paralysis — According to one study, “Spinal injuries accounted for 10%” of the total injuries… accounting for 14% of total injuries in MEDEVAC accidents, 8% of total injuries in MEDEVAC CRIs, and 11% of total injuries in HEMS accidents.” ⁽²⁰⁾ Spinal cord damage can result in paralysis. When the injury occurs higher up on the spine, more of the body is affected. ⁽²¹⁾
• Traumatic brain injuries — These are brain injuries from sudden trauma, such as a blow to the head in a crash. A head injury “is a broad term that describes a vast array of injuries that occur to the scalp, skull, brain and underlying tissue and blood vessels in the head.” ⁽²²⁾ Skull fractures are often a cause of death. 
• Internal brain injuries — Common types of internal brain injury include concussions and intracranial hematomas (blood clots in or around the brain). Bruising and internal damage to the brain can also occur. ⁽²³⁾
• Blunt force trauma — This is sustained on impact by accident victims. It can also occur when items not adequately secured break free. One report noted, “Serious or worse injuries were most prevalent in the thorax (53.6%), spine (50.0%), head (41.7%), and external/other regions (75.0%). The most frequent injuries by detailed body regions were thoracic organ (23.0%), thoracic skeletal (13.3%), abdominal organ (9.6%), and leg injuries (7.4%).” ⁽²⁴⁾
• Lacerations and scarring — Collapse of a helicopter’s structure can result in lacerations. These tears in the skin can occur whenever an individual comes into contact with objects during a crash. Deep lacerations can result in scarring; likewise, burns may leave scars.

Who Is Responsible for a Helicopter Accident?

A lawsuit can help you get compensation from the people and companies responsible for the helicopter accident. The owners of the helicopter, the manufacturer of the helicopter or any of its components, and the operator of the aircraft may all be held accountable.

In such cases, you must show the court why the crash happened. You need to prove it was the result of a defect in the aircraft design or in one of its components. Or it was due to a mechanical failure, or pilot error was involved.

Crash Examples

For example, you were injured in a crash because the pilot failed to complete all required safety checks before takeoff. If you can show the court documentation — or have witness testimony to support your claim — you could prove negligence.

Another example might be to show the court the crash was caused by a malfunction in the electrical system of the helicopter. Or the rotor blades of the helicopter failed to rotate at the proper speed.

If you can prove this claim to the court, the manufacturers involved can be held liable for damages. Also, if a manufacturer knew about — but failed to correct — a defect in the design of the aircraft, the manufacturer may be held liable.

Filing a Helicopter Accident Lawsuit

Helicopter accident cases can be very complicated. Relying on the knowledge of an attorney who has handled many personal injury cases can help deliver a successful outcome in court. 

An attorney helps you hold all responsible parties accountable by filing a lawsuit. In your NYC lawsuit, you are bringing the suit and are referred to as the “plaintiff,” while the party being sued is called the “defendant.” Your attorney files the requisite “summons and complaint” with the proper court.

Any required fees must be paid at the time of filing the lawsuit. One of the responsibilities of an experienced attorney is ensuring the rules regarding where to file your lawsuit have been met. ⁽²⁵⁾

After filing the summons and complaint, it must be “served” on the defendants. The defendants then have 30 days to “answer” the summons. When the defendants have answered the summons, a court date is set. ⁽²⁶⁾

Possible Settlements

In the meantime, both parties investigate the case and gather evidence. Each side in your lawsuit does the research necessary to present the case in a courtroom.

Instead of going to trial, many lawsuits end up settling out of court. So, experience with negotiating settlements becomes a key consideration in hiring an attorney. An attorney who has done this many times before can usually obtain a more favorable settlement for you.

How W&L Can Help

Weitz & Luxenberg has built a solid reputation for representing our client interests — both in court and at settlement. Here are some of our successes:

• Six-figure settlement in airline luggage case. W&L negotiated the settlement after a woman passenger was struck by luggage falling out of an overhead bin while on an international flight.
• $10 million in compensation obtained for a teen victim blinded in one eye in a bungee cord accident. The bungee cord brake system was negligently designed and too short.
• $20.5 million verdict plus $3 million in past and future medical expenses was awarded. The case was for a man left paralyzed for life from a hit-and-run car accident.

Updated January 2025

Injuries in New York Hotels

Many people are injured in hotels in New York. There were 6 fatal occupational injuries among accommodation and food services workers in New York City (NYC) during 2020. ⁽¹⁾ For New York state,​ the figure rose to 12. ⁽²⁾

“Crime in the city’s hotels and motels has soared by nearly 20 percent over the past three years… according to statistics compiled by an industry research group off NYPD data,” states a New York Post article in 2018. It continues, “In 2017, there were 2,656 hotel crimes reported city-wide, compared to 2,223 in 2015, a 19.5-percent increase.” ⁽³⁾

These are startling numbers. Many staying at hotels are tourists or people traveling for business. A 2021 Office of the New York State Comptroller report noted, “The City’s tourism outlook fundamentally relies on a feeling of public safety for all visitors.” ⁽⁴⁾

Injuries Due to Negligence

If you were at a NYC hotel and were severely injured while there, ​consider a negligence case against all those “involved in causing the injury.” ⁽⁵⁾ Negligence is when the hotel or its employees fail to act to keep their guests safe.

You could be harmed by a crime committed against you at the hotel, or from an accident occurring there. In either situation, the hotel may have been acting negligently.

What Are the Common Causes of Hotel Accidents?

Hotel accidents are no joke. Severe, even lethal, injuries suffered while staying or working at hotels can arise from slips and falls, cuts, burns, or something found in the food. ⁽⁶⁾

Just what causes these accidents varies. Here are some of the most common causes of hotel accidents: ^{(7) (8)}

• Foreign objects in food.
• Improper lighting.
• Improper use of tools, such as kitchen knives.
• Incorrect use or storage of hazardous chemicals.
• Insufficient signage.
• Lack of ​safety gear, such as gloves and goggles.
• Malfunctioning equipment.
• Uneven floors.
• Unsafe flooring.
• Unsecure handrails.
• Wet floors.
• Wiring in the way.

Hotel Accident Liability

When accidents happen, your legal case hinges on whether you can show the court the hotel owners or their employees were somehow negligent. If you ​succeed, they can be held liable for your injuries. ⁽⁹⁾

In New York, there are several ways the hotel owners bear responsibility for injuries on their property. Owner liability applies to: ⁽¹⁰⁾

• Common areas — These are areas used by all guests, such as halls, stairways, walkways, or parking lots. For example, you may have tripped on carpet in the hotel hallway or fallen on ice in the parking lot.
• Latent defects — The owners are responsible for hazards on the property they know about or should have known about. For instance, the elevator doors close on you as you attempt to enter or exit, and you are crushed by them. Before your accident, other guests filed complaints about the same elevator. The doors were never fixed or were inadequately fixed.
• Statutory and contractual obligations — Laws made by the state legislature dictate property owner duties and responsibilities (statutes). Or when responsibilities are detailed in a contract, such as a lease agreement.
• Public use — The owners are responsible for the conditions of the property under a short-term lease, especially if it is open to the public. Say a club rents out a hotel’s swimming pool area for a party. One of the party guests becomes trapped in a pool duct and is seriously injured. The club, the hotel owners, and employees could be liable for any injuries.

Negligence Claims in New York

Negligence cases are often challenging. A knowledgeable attorney is key to the success of your case.

To win your negligence case in New York, it is important for you to show the court you were lawfully on the property when your injuries occurred. Additionally, you have to prove the negligence of the owners, employees — or both — caused your injuries. ⁽¹¹⁾

Your claim of negligence should be supported with evidence demonstrating to the court the owners or employees knew of the hazard. Yet they failed to fix the problem or inadequately fixed the problem. ⁽¹²⁾

Simple Steps to Help Prove Your Claim

Vital to negligence claims is the evidence collected and presented to the court. There are steps you can take to help gather critical evidence for your case.

Some simple steps to help prove your hotel accident claims are:

• Take photos of the accident scene.
• Take pictures of your injuries.
• Use your cell phone to video record the scene of the incident, if not the incident itself.
• Fill out an accident incident report with the hotel or police.
• Gather contact information from witnesses.

This information should be collected as soon as you are able. ​Do this while at the accident scene. ​Inform your attorney.

You also want to give your attorney copies of your medical bills and receipts for other expenses incurred due to the accident.

Eligible Damages

Victims of accidents are eligible to collect monetary awards (damages) as compensation. ⁽¹³⁾ “The amount awarded is based on the proven harm, loss, or injury suffered.” ⁽¹⁴⁾

Damages may be awarded for expenses such as:

• In-house help — Damages could cover the cost of in-home nursing care, rehabilitative services received at home, or housekeeping services during your recovery.
• Job loss or lost wages — If you cannot work, you may be awarded damages to recover those losses. You may also get damages if you get fired because you cannot work, due to your injuries.
• Medical bills — Doctor and hospital bills mount up when you have serious injuries. Damages would cover these expenses.
• Pain and suffering — These damages may be awarded to help you recover from psychological and emotional pain, trauma, or distress resulting from your accident.

How W&L Can Help

Weitz & Luxenberg has a highly experienced personal injury team. Our attorneys work to help you collect the maximum ​damages you may be due. ​Contact us today.

Here are some examples of compensation we helped our clients win:

• High six-figure settlement for an airplane passenger hit by falling luggage from overhead bins.
• $13.34 million judgement for a man hit over the head with a baseball bat by a bouncer in a Queens bar.
• Multimillion dollar negligence settlement for a man who suffered traumatic brain and other injuries from a fall from an apartment building walkway.

What Is Prostate Cancer?

Prostate cancer originates in the prostate. “The prostate is a small walnut-shaped gland in males that produces the seminal fluid that nourishes and transports sperm.” ⁽¹⁾

Prostate cancer is a common type of cancer in men. Some prostate cancers grow slowly. They remain in the prostate gland and rarely cause serious harm. These types may not even require treatment. ⁽²⁾

However, some types of prostate cancer are aggressive. These types can spread quickly. ⁽³⁾

Prostate Cancer Statistics

According to the Centers for Disease Control and Prevention (CDC), “prostate cancer is the most common cancer among men in the United States. It is also one of the leading causes of cancer death among men,” other than non-melanoma skin cancer. ⁽⁴⁾

Statistics for one year show 211,893 men were diagnosed with new prostate cancers. A total of 31,488 men died from this cancer. ⁽⁵⁾

According to data from the New York State Department of Health, prostate cancer cases and deaths for the years 2014-2018 were: ⁽⁶⁾

• Ages 40-44 years: 52 average prostate cancer cases diagnosed, average of less than 1 death.
• 45-49 years: 240 cases, 6 deaths.
• 50-54 years: 910 cases, 21 deaths.
• 55-59 years: 1,944 cases, 49 deaths.
• 60-64 years: 2,823 cases, 111 deaths.
• 65-69 years: 3,237 cases, 161 deaths.
• 70-74 years: 2,496 cases, 217 deaths.
• 75-79 years: 1,499 cases, 262 deaths.
• 80-84 years: 731 cases, 302 deaths.
• 85+ years: 542 cases, 595 deaths.

What Are the Symptoms of Prostate Cancer?

In its early stages, you may not notice any signs or symptoms of prostate cancer. More advanced prostate cancer may mean you have: ⁽⁷⁾

• Trouble urinating.
• Decreased force in your stream of urine.
• Blood in your urine.
• Blood in your semen.
• Bone pain.
• Weight loss without trying.
• Erectile dysfunction.

How Common Is a Prostate Cancer Misdiagnosis?

According to one study, roughly 50% of the men were told they had a less aggressive form of prostate cancer when they actually had a more aggressive form. Those men who were told their cancer wasn’t particularly dangerous were given “false hope.” The severity of the disease was underestimated. ⁽⁸⁾

Two types of screening tests are used to detect early stages of prostate cancer. However, “neither the PSA test nor the DRE is 100% accurate.” ⁽⁹⁾

PSA stands for prostate-specific antigen (PSA) levels. These can be detected in a man’s blood.

A DRE or digital rectal exam is another screening test. For this exam, “the doctor puts a gloved, lubricated finger into the rectum to feel the prostate gland.” ⁽¹⁰⁾

Incorrect Test Results

The idea is if the results come back abnormal, you are advised to undergo further testing. But if neither test is 100% accurate, you can receive an incorrect diagnosis. You might be told your screening is normal when you actually have cancer. ⁽¹¹⁾

Saying you don’t have cancer can give you a false sense of security. You might have cancer. If it’s untreated, it leads to progressive disease. ⁽¹²⁾

Or you could be told you do have cancer, but you really are not sick. Inaccurate tests can lead to unnecessary, expensive treatments. These treatments can lead to side effects such as urinary, bowel, or sexual difficulties. ⁽¹³⁾

What Qualifies as a Prostate Cancer Misdiagnosis?

Did your doctors fail to do something they should have? All of these errors could qualify as prostate cancer misdiagnosis: ⁽¹⁴⁾

• Failing to offer or recommend cancer screening.
• Failing to obtain your comprehensive medical history.
• Failing to perform a thorough physical exam.
• Failing to order and interpret your radiographic pathologic findings correctly.
• Failing to consult with an oncologist specializing in genital and urinary cancer.

If you have a type of cancer called small cell carcinoma (SCC) of the prostate, you have a rare but aggressive type of prostate tumor. “Delay in diagnosis and misdiagnosis further worsens the outcome of this disease.” ⁽¹⁵⁾

The first step in successfully treating prostate cancer is getting an accurate diagnosis. Symptoms of advanced disease include: ⁽¹⁶⁾

• Difficulty urinating.
• Confusion and other neurological problems.
• Sensory or motor deficits.

Risks Associated with Prostate Cancer Misdiagnosis

The earlier a prostate tumor is diagnosed, the better. A delayed diagnosis can mean an increased risk of disease progression possible resulting in inoperable cancer, more physical pain, erectile dysfunction, and higher medical costs.

Doctors diagnose the stage of your cancer. Staging includes four stages and three parts: tumor, nodes, and metastasis (TNM). Doctors consider the size of the tumor, if the tumor has spread to nearby lymph nodes, and if the cancer has spread. ⁽¹⁷⁾

Ideally, doctors find a tumor only in your prostate itself. These tumors are more likely to be treated successfully. “Tumors that have metastasized are incurable and require drug based therapies to treat the whole body.” ⁽¹⁸⁾

If doctors do not diagnose your tumor until it has advanced, time-consuming, costly, and complex treatments may be necessary, such as: ⁽¹⁹⁾

• Surgery.
• Chemotherapy.
• Immunotherapy.
• Bone-targeted therapy.
• Radiation.
• Hormone therapy.

Depending on the treatments you undergo, many side effects are possible. These include: ⁽²⁰⁾

• Erectile dysfunction.
• Castration.
• Weight gain.
• Bone pain.
• Nerve damage.
• Hair loss.
• Memory loss.
• Mood swings.
• Fatigue.
• Loss of muscle mass.
• Weak bones or brittle bones.

Filing a Prostate Cancer Misdiagnosis Lawsuit

If you or a loved one suffered harm because your prostate cancer was misdiagnosed, you may want to file a lawsuit. The key question is: Was your medical professional negligent? ⁽²¹⁾

Most medical malpractice claims are linked to misdiagnosis. Most payouts to plaintiffs — 34% — are due to this misdiagnosis. In addition, 22% of payouts are for surgical errors and 20% are for treatment errors. ⁽²²⁾

To be considered medical malpractice, a reasonable “standard of care must have been breached by the medical professional.” You must have suffered an injury as a result of the error. The mistake must have been “the cause” of your injury. ⁽²³⁾

“All medical malpractice cases will need proof, and this burden is on you and your legal team. … It’s best to discuss your case with a lawyer who can assess all of the facts. ⁽²⁴⁾

How W&L Can Help

Weitz & Luxenberg was founded in Manhattan. We have been representing clients throughout the state of New York for decades.

Our team of experienced medical malpractice and wrongful death attorneys can help you. We can provide you with legal guidance for your specific circumstances.

Plus, we have a proven record of achieving favorable outcomes for our clients. Here are a few examples of our successes:

• $2.35 million settlement — A daughter lost her mother because her pancreatitis was misdiagnosed by multiple hospitals and medical professionals. The young mother’s condition continued to worsen, ultimately leading to respiratory failure and death.
• $2.2 million settlement — A young son lost his mother due to misdiagnosed complications following her tonsillectomy. She sought help at an ER, but hospital personnel sent her home without diagnosing and treating the real problem. The mother died because her surgical wound ruptured.
• $1.2 million settlement — A family lost a loved one because a surgeon used defective equipment during the woman’ surgery. She had undergone a routine tummy tuck at an outpatient facility, later suffering a pulmonary embolism and then dying.
• $1.1 million settlement — A family lost a beloved family member because the man’s doctor did not inform the 70-year-old of his stage 1 colon cancer. By the time he learned of his condition, the cancer was too advanced to treat successfully, and he died.
• $500,000 settlement — A woman’s misdiagnosed pelvic inflammatory disease led to permanent damage to her uterus and lifelong medical complications. Time and again, doctors misdiagnosed her condition and performed damaging, invasive, debilitating surgical procedures. All of this nearly cost the woman her life.

UPDATE 7/10/2025: W&L’s James Bilsborrow was appointed to the Plaintiffs’ Executive Committee for a class action lawsuit against Johnson & Johnson and Kenvue Inc. over PFAS chemicals in Band-Aid brand adhesive bandages. The case is. Jo Aronstein et al. v. Kenvue Inc. et al., case number 3:24-cv-04665, in the U.S. District Court for the District of New Jersey.

What Are PFAS?

PFAS are toxic, man-made chemicals. DuPont and 3M made the first hazardous PFAS chemicals back in the mid-1900s. Today, we live with thousands of these toxic “nonstick, stain-repellent and waterproof compounds.” ⁽¹⁾

What Products Contain PFAS?

“PFAS are in your shampoo bottle, your stain-resistant couch, your dental floss, your bicycle lubricant. … From packaging and products, PFAS have found their way into rainwater, soil, sediment, ice caps, and outdoor and indoor plants. The substances have been detected in the living tissues of animals around the world.” ⁽²⁾

You can find PFAS in: ⁽³⁾

• Waterproof apparel.
• Firefighting foam used on fuel-based fires.
• Coated paper products.
• Grease and waterproof coatings on popcorn bags, fast food wrappers, and takeout containers.
• Engineered coatings used in semiconductor production.
• Surfaces in food processing equipment, including tubing in ice cream and soda dispensers.

“Certain PFAS are also intentionally added as ingredients in some cosmetic products.” PFAS are used in cosmetic products to “condition and smooth the skin, making it appear shiny,” to improve product consistency and texture, or to give the products a waterproof quality.

These products include: ⁽⁴⁾

• Lotions.
• Cleansers.
• Nail polish.
• Shaving cream.
• Foundation, lipstick, eyeliner, eyeshadow, and mascara.

What Brands Contain PFAS?

“Unfortunately, there are no laws in the United States requiring manufacturers to warn consumers that an item was made with PFAS. … Generally, you’re better off assuming that something does contain PFAS, particularly if you find keywords like ‘waterproof,’ ‘stain-repellent,’ or ‘dirt-repellant’ on the tag.” ⁽⁵⁾

In response to public pressure, “a number of apparel brands are taking action. American Eagle and L.L. Bean have both removed PFAS from across all their merchandise. Other major brands, like Ralph Lauren and Patagonia Inc., have set time-bound commitments to do the same. But they are still in the minority.” ⁽⁶⁾

It’s almost easier to find out which brands don’t contain PFAS. Visit PFAS Central for more information. ⁽⁷⁾

Lawsuits for PFAS in Cosmetics

In terms of cosmetics, lawsuits have already been filed. The companies being sued include L’Oreal, CoverGirl, Shiseido, and Burt’s Bees.

“The more scientists investigate cosmetics and personal care products, the more we learn how many of these products are made with PFAS that is not disclosed to the consumer,” explains James Bilsborrow, W&L partner and our Environmental, Toxic Tort & Consumer Protection group co-chair. “Potentially hundreds of these products may contain dangerous chemicals.”

More often than not, PFAS show up in the cosmetics we buy.

PFAS in Home Products

Many objects throughout your home probably contain PFAS. This includes materials used in finishing and protecting your home, as well as in the household items you use to cook and clean.

You can find PFAS in “stain and water-repellent used on carpets, upholstery, clothing, and other fabrics; cleaning products; non-stick cookware; paints, varnishes, and sealants.”

In addition, you can find PFAS in: ⁽⁸⁾

• Electronics.
• Textiles.
• Specialty papers

PFAS in Clothes

PFAS are practically everywhere in clothing. Products coated in PFAS can expose you directly, whether waterproof shoes, raincoats, or handbags. ⁽⁹⁾

“Whether found in a raincoat or a pair of yoga pants, PFAS are used widely in our clothing, shoes, and accessories. These chemicals also pollute at every stage of production. At the PFAS chemical manufacturing facilities and garment factories, they often contaminate the air, water, and soil of the surrounding environment.” ⁽¹⁰⁾

PFAS in Food and Water

The U.S. Food & Drug Administration (FDA) is monitoring how PFAS affects what we eat. “The FDA has been leading the science in developing validated methods for testing for PFAS in increasingly diverse types of foods.” ⁽¹¹⁾

We also are exposed to PFAS through the food we eat. “It is estimated that the most significant dietary source of PFAS is fish and shellfish.” ⁽¹²⁾ The FDA has been testing for PFAS in produce, meat, dairy products, grain, bottled water, and milk. Low levels of PFAS have been found in vegetables, honey, eggs, and tap water.

In Michigan, in January 2022, beef produced by Grostic Cattle Company, near Hartland, was found to be contaminated with PFAS. “Efforts are underway by the State of Michigan to ensure contaminated beef is no longer sold.” Consumers who bought this beef have been alerted. ^{(13) (14)}

In New York, public health agencies have detected PFAS contamination in drinking water, particularly “near where these chemicals were manufactured, used, or disposed of.” The state’s Department of Health “regulates two commonly found PFAS contaminants in public drinking water supplies. PFOA and PFOS drinking water standards or ‘maximum contaminant levels (MCLs)’ are set at 10 parts per trillion (or nanograms per liter) each for public water supplies.” ⁽¹⁵⁾

How to Limit PFAS Exposure at Home

There are several things you can do to lower your risk of exposure to PFAS at home.

Clothing

To find out if your clothing is free from PFAS, check the brand’s website. The site may tell you if the company has announced it has eliminated PFAS from its clothing. If it doesn’t, contact the brand’s customer service and ask directly. ⁽¹⁶⁾

“Don’t be fooled by labels or promises that a product is ‘PFOA-free’ or ‘PFOS-free’” because those PFAS chemicals have largely been eliminated from U.S. production. There are many PFAS-containing substitutes that are commonly used. ⁽¹⁷⁾

Water

To make sure your water is safe, ask your water provider about PFAS testing in your area. If monitoring is not currently being done, ask both your provider and your state to start monitoring for these PFAS. Some home water filters can also help reduce contamination levels. ⁽¹⁸⁾

Cooking

When cooking, “avoid the most obvious offenders.” Replace nonstick pans with stainless steel, cast-iron, ceramic, or glass. In addition, “don’t heat up food that’s wrapped in grease-resistant packaging. And make popcorn on the stovetop instead of in PFAS-treated microwave bags.” ⁽¹⁹⁾

Furniture and Household Items

When selecting furniture for your home, avoid purchasing any items labeled as being water- or stain-repellent. This is particularly true for bed linens. “Those treatments are practically guaranteed to contain PFAS.” ⁽²⁰⁾

Joining a PFAS Lawsuit

You or a loved one may have unknowingly purchased clothing, food, furniture, or other items containing PFAS. You bought these items thinking in each case you were choosing a safe, healthy product.

Thousands, of people nationwide have purchased the same defective products. So have hundreds in your own region of the U.S.

If this fits your situation, consult with an attorney about joining a class action suit. Your attorney should have extensive experience representing people across the country.

You need an attorney who can look at the big picture. You need someone who has gone up against some of the largest consumer product manufacturers nationwide, as well as potentially multiple defendants.

That firm can help you secure the compensation you deserve. And W&L fits the description. Once you hire the right attorney team for you, we help you explore your legal options. We can set the legal process in motion and guide you every step of the way.

How W&L Can Help

Weitz & Luxenberg is a nationally recognized personal injury law firm with almost 40 years of experience. We are helping thousands of people across the country who were injured due to the negligence of others.

Our attorneys are prepared to help you consider appropriate legal action for your specific circumstances. We have been successful in many environmental pollution and defective consumer products lawsuits. Plus, we have a proven track record of winning cases.

Here are a few examples:

• Weitz & Luxenberg secured a $65 million settlement for approximately 10,000 residents of Hoosick Falls, New York, where the drinking water supply became contaminated with the toxic chemical PFOA.
• Weitz & Luxenberg achieved a $23.5 million settlement on behalf of over 1,500 Petersburgh, New York, property owners, residents, and businesses who had drinking water contaminated with PFOA.
• Weitz & Luxenberg secured $423 million in a settlement on behalf of over 150 communities across the U.S. because their water systems were poisoned with MTBE, a gasoline additive.

Updated July 2025

What Are PFAS, PFOA, and PFOS?

PFAS “are man-made chemicals used in industry and consumer products worldwide since the 1940s.” Manufacturers have used them in all kinds of products, including nonstick cookware, stain-resistant fabrics and carpets, and firefighting foam. ⁽¹⁾

“The most commonly studied PFAS are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).” ⁽²⁾ PFOA and PFOS are still found in products manufactured today. These products may be made in the U.S. or get imported from other countries.

During production and use, “PFAS can migrate into the soil, water, and air.” Most PFAS do not break down, so they remain in the environment. ⁽³⁾

Because of their widespread use and their persistence in the environment, PFAS are “found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.” Over time, if we are repeatedly exposed to PFAS, these toxic chemicals can accumulate inside our bodies. ⁽⁴⁾

Where Are PFAS Found?

In your daily life, you are surrounded by many products containing PFAS. These include: ^{(5) (6)}

• Nonstick cookware.
• Cleaning products.
• Paints, varnishes, and sealants.
• Water-resistant clothing.
• Stain-resistant coatings used on upholstery and other fabrics.
• Personal care products (shampoo, dental floss) and cosmetics (nail polish, eye makeup).
• Grease-resistant paper, fast food containers and wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.

Consumers should also be aware that babies born to mothers exposed to PFAS can be exposed during pregnancy and while breastfeeding. ⁽⁷⁾

Concerns about contaminated drinking water continue to crop up in local communities across the country. These problems are usually linked to a specific industrial facility in that region. ⁽⁸⁾

PFAS Health Hazards

Studies have examined possible relationships between levels of per- and polyfluoroalkyl substances (PFAS) in blood and harmful health effects in people. However, not all of these studies involved the same groups of people, the same type of exposure, or the same PFAS.

High PFAS levels may lead to these health and medical issues: ⁽⁹⁾

• Increased cholesterol levels.
• Changes in liver enzymes.
• Increased risk of kidney or testicular cancer.
• Decreased vaccine response in children.
• Small decreases in infant birth weights.
• Increased risk of high blood pressure or pre-eclampsia in pregnant women.

How Are You Exposed?

People get exposed to PFAS when they drink contaminated water. You also risk exposure by using products containing these toxic chemicals. PFAS can also be found throughout our environment. This toxic substance does not break down. ⁽¹⁰⁾

You can also be exposed to PFAS if you eat contaminated food. These contaminants can get in your food from the packaging they are in. Or because the crops used to produce the foods were contaminated by the PFAS found in the soil. ⁽¹¹⁾

PFAS in Contaminated Water

Water contamination from PFAS is widespread. PFAS pollution has been documented in hundreds of sites across the country, including industrial plants, military bases, airports, and fire training sites. It is also in the tap water of millions of people. ⁽¹²⁾

In June of 2022, the U.S. Environmental Protection Agency (EPA) announced updated health advisory levels for some PFAS chemicals. The interim lifetime health advisory level for PFOA is now 0.004 parts per trillion (ppt). For PFOS it is 0.02 ppt. The final health advisory for GenX chemicals is 10 ppt and for perfluorobutane sulfonic acid (PFBS) is 2,000 ppt. ⁽¹³⁾

“On March 14, 2023, EPA released a proposed national primary drinking water regulation (NPDWR) for PFOA and PFOS, as well as for four additional PFAS.” ⁽¹⁴⁾ The EPA set a national drinking water standard on April 10, 2024.

The agency set “Maximum Contaminant Levels at 4.0 parts per trillion for PFOA and PFOS, individually.” The EPA set limits of 10 parts per trillion for PFNA, PFHxS, and GenX Chemicals. “Because PFAS can often be found together in mixtures, and research shows these mixtures may have combined health impacts, EPA is also setting a limit for any mixture of two or more of the following PFAS: PFNA, PFHxS, PFBS, and ‘GenX Chemicals.’” ⁽¹⁵⁾

PFAS Getting into Food

“Livestock and game species may be exposed to PFAS via contaminated water, soil, substrate, air or food, and the contribution of these exposures to PFAS concentrations in food products is less well studied.” In fact, “the most significant source of human exposure to PFAS is dietary intake,” which includes both food and water. ⁽¹⁶⁾

PFAS Is Not Listed in Ingredients

“Researchers found high fluorine levels — indicating the probable presence of PFAS — in most waterproof mascara, liquid lipsticks, and foundations tested.” What this means is if you wear makeup, you may be “absorbing and ingesting potentially toxic per- and polyfluoroalkyl substances.” ⁽¹⁷⁾

Many of the products with PFAS were advertised as “wear-resistant” or “long-lasting.” Even more concerning, most PFAS were not disclosed on the ingredient labels. Not providing a full ingredient listing “makes it impossible for consumers to avoid PFAS-containing cosmetics by reading labels.” ⁽¹⁸⁾

Legal Options

If you, a loved one, or members of your community have been harmed by a PFAS, such as PFOA or PFOS, we encourage you to consult with one of our attorneys. You want a legal team experienced in the types of injuries and exposure you have suffered.

PFAS injuries are sometimes linked to environmental pollution such as water contamination. In other cases, they are linked to exposure to harmful consumer products.

In either case, a law firm experienced with water contamination, environmental pollution, and toxins can help you explore your options. Your attorney can also explain legal procedures and begin the process of seeking compensation on your behalf.

Sometimes, you may be brought in on a class action suit if many others are experiencing the same injuries due to the same source.

Reach out to us for a free consultation. You can use the form online or call us at (917) LAWYERS.

How W&L Can Help

Weitz & Luxenberg has been representing clients harmed by the actions of others for almost 40 years. We have gone up against large national and international corporations, as well as local industries and businesses.

We can get you medical monitoring and compensation for your injuries. In cases of water contamination, our goal includes getting defendants to pay for cleaning up the water systems they have contaminated.

We also represent town governments, municipalities, water providers, and individuals. You may be living or working near a manufacturing plant, oil refinery, or other industrial business. We help you take action against corporations that have contaminated your community’s drinking water, soil, and groundwater.

If you’re looking for a national law firm with extensive experience, you need look no further. We have been helping both small and large communities across the country deal with the results of environmental toxins and contamination.

We have a solid record of winning. Here are a few examples:

• W&L achieved a $65 million settlement on behalf of approximately 10,000 residents in Hoosick Falls, New York. Their drinking water supply was contaminated with the PFAS know as PFOA.
• W&L reached a $23.5 million settlement on behalf of over 1,500 residents, businesses, and property owners in Petersburgh, New York. Their drinking water was poisoned, with a PFAS identified as PFOA.
• W&L secured a $423 million settlement on behalf of 153 communities across the country. Their water systems were contaminated with the gasoline additive MTBE.

What Is Negligent Security?

Negligence is “carelessly causing harm to another.” Another key component of negligent security is “breach of duty.” ⁽¹⁾

A property owner or tenant of a property must provide you with adequate security, protection, or safety. If you are injured by someone else while on a property, the owner or tenant can be held responsible for the harm you suffered. They owe you a reasonable duty of care. ⁽²⁾

Where Can Negligent Security Occur?

Negligent security can occur just about anywhere. First, there needs to be a property owner and an establishment.

Next, you must have a right to be on the property. You are allowed. You are invited. You are welcomed. So, the caretaker of the property owes you a reasonable duty of care. ⁽³⁾

Malls

The security guards you see patrolling the parking lot and the mall itself aren’t there just to prevent shoplifting. If you are attacked, raped, or beaten in the parking lot on the way to your car, the property owner can be held responsible.

Grocery Stores

Yes, grocery stores put up signs telling you when the floor is wet to prevent slip and fall accidents. But the owners of the property are also responsible if someone commits a crime against you.

Parking Garages and Lots

Parking lots and garages are one of the most common places people get attacked. If you are assaulted and someone steals your car, security personnel and the owner of the property can be held liable.

Offices

If you are attacked and someone robs you in an office building, the people overseeing the building’s security can be held accountable. Not only must the building be kept safe for employees, but managers must also secure people’s safety from crime.

Schools

More and more, schools are upgrading their security. Guards may patrol the hallways and you even may have to walk through electronic security. The school building managers must also keep their grounds and parking lots safe from crime.

Apartments

Apartments are another common place for crime. Apartment managers and owners must keep you safe while on their grounds, both inside and outside.

Stadiums and Other Venues

At concerts, sporting events, and other similar venues, the hosts hire security. The property owners are responsible for ensuring guests are safe from crime and danger. They have to take reasonable measures to prevent crowds from stampeding, fights from escalating, or attacks from happening in bathrooms.

Types of Crimes

“New York State and the FBI use seven Index crime categories as indicators of overall crime trends: murder, rape, robbery and aggravated assault, which are classified as violent crimes,” in addition to the property crimes of burglary, larceny, and motor vehicle theft. ⁽⁴⁾

For New York state in 2020, data show: ⁽⁵⁾

• Murder: 836.
• Rape: 5,610.
• Robbery: 17,506.
• Aggravated assault: 46,591.

For New York City in 2020, data show: ⁽⁶⁾

• Murder: 468.
• Rape: 2,253.
• Robbery: 13,182.
• Aggravated assault: 32,056.

In addition, a study of 1,086 reported cases from 1992 to 2001 showed the types of crimes reported in negligent security cases: ⁽⁷⁾

• Assault and battery: 42% — These crimes increased over the decade. They were particularly common in parking lots, movie houses, tenant co-ops, trailer parks, churches, bars, restaurants, retail stores, apartment buildings and condos.
• Sexual assault and rape: 26% — Common locations were hotels, apartment buildings, and condos. Attacks at healthcare facilities, including nursing homes and assisted living facilities, were on the rise. Staff and hospital personnel sometimes assaulted the people they were supposed to be caring for.
• Wrongful death: 15% — Any violent act taken to extremes can result in death.
• Robbery: 9% — Typical locations included hotels, retail stores, shopping malls, apartment buildings, condos, and restaurants.

The remaining 8% of cases included crimes such as false imprisonment, burglary, arson, and motor vehicle theft. ⁽⁸⁾

Potential Injuries in a Negligent Security Case

According to the U.S. Department of Justice, “Violent crime includes murder, rape and sexual assault, robbery, and assault.” ⁽⁹⁾

• Assault: “An unlawful physical attack or threat of attack. Assaults may be classified as aggravated or simple. … The severity of assaults ranges from minor threats to nearly fatal incidents.” ⁽¹⁰⁾ Minor injuries include bruises, black eyes, cuts, and less than 48 hours hospitalization. Serious injuries include broken bones, lost teeth, internal injuries, and loss of consciousness. ⁽¹¹⁾
• Rape and sexual assault: “Forced sexual intercourse including both psychological coercion and physical force… vaginal, anal, or oral penetration by the offender(s).” Rape is an injury itself along with the other components of the attack. ⁽¹²⁾
• Death: Any violent crime can result in death, either immediately or from complications following an attack.

Legal Options

The legal foundation of negligent security falls under the concept of premises liability. In New York, property owners are obliged “to maintain their premises in a reasonably safe condition for the protection of persons whose presence is reasonably foreseeable.” ⁽¹³⁾

The owner also has a duty to warn you of known dangers. This is always true, but especially when you are welcomed and encouraged to be on someone’s property ⁽¹⁴⁾

You are invited or encouraged to enter, gather, or shop on a given property. Your presence on a property benefits the property owners. Business owners benefit from your business. Employers benefit from the work you do for them. Apartment building owners benefit from tenants paying rent. ⁽¹⁵⁾

For your lawsuit, you must prove the property owner failed to provide adequate security or warnings so you and other visitors could avoid injury.

Laws vary by state. So, it’s best to speak with an attorney who is very familiar with New York state regulations and statutes.

How W&L Can Help

Weitz & Luxenberg is based in Manhattan and has been for nearly 40 years. Our attorneys represent clients across New York state who were injured through the actions or inactions of others.

If you have been injured due to someone else’s security negligence, our experienced team of attorneys can help you.

We have a solid history of winning. For example, we successfully helped get:

• Multimillion dollar settlement for a man who fell from a second-story apartment walkway and suffered a traumatic brain injury.
• $13.34 million judgment for a man who suffered debilitating injuries after being attacked at a bar.
• $16.4 million award for family members of victims murdered in their apartment building when multiple criminals raided the property.

What Are PFAS?

PFAS stands for per- and polyfluoroalkyl substances. PFAS are manmade chemicals. Manufacturers have used PFAS in consumer products since the 1950s, including non-stick cookware, water-repellent clothing, stain resistant fabrics and carpets, some cosmetics, some firefighting foams, and products that resist grease, water, and oil. ⁽¹⁾

Why Are PFAS Harmful?

Multiple studies have considered possible links between PFAS levels in your blood and harmful health effects. Studies have focused on a variety of adverse medical complications linked to high levels of these substances, including: ⁽²⁾

• Increased cholesterol levels.
• Increased risk of kidney or testicular cancer.
• Increased risk of high blood pressure or pre-eclampsia in pregnant women.
• Decreased vaccine response in children.
• Decreases in infant birth weights.
• Changes in liver enzymes.

Many Cosmetics Contain PFAS

Researchers have found PFAS are a “highly persistent and potentially toxic class of chemicals” cosmetic manufacturers add to their products. Manufacturers may use these chemicals to increase a product’s durability and water resistance. ⁽³⁾

Specifically, waterproof, sweatproof, and long-wearing cosmetics “contain higher levels of a potentially toxic class of thousands of chemicals” identified as PFAS. In addition, PFAS accumulate in the body instead of naturally degrading. ⁽⁴⁾

“The Centers for Disease Control and Prevention has linked the chemicals to serious kidney, liver, immunological, developmental and reproductive issues.” Also, PFAS may affect your “antibody response to vaccines such as those for covid-19.” ⁽⁵⁾

“PFAS are capable of entering the bloodstream in ways other than direct oral ingestion, and one of these ways includes dermal absorption. Concerns have also been raised regarding absorption of PFAS into the bloodstream by way of tear ducts.” ⁽⁶⁾

What Cosmetic Products Contain PFAS?

Manufacturers of personal care products commonly use a dozen or more PFAS in lotions, cosmetics, hair products, and other personal care items. PFAS are supposed to make these products more water resistant, durable, and spreadable. Even small amounts, which are not listed on ingredient labels, are used in many more products. ⁽⁷⁾

According to the U.S. Food and Drug Administration (FDA), you can find PFAS in: ⁽⁸⁾

• Mascara.
• Foundation.
• Lipstick.
• Eyeliner.
• Eyeshadow.
• Nail polish.
• Lotion.
• Cleansers.
• Shaving cream.

High levels of fluorine are indicators of PFAS. In one study, scientists led by the University of Notre Dame found fluorine in 52% of the 231 cosmetics they tested. Also, 63% percent of makeup foundations, 55% of lip products, and 47% of mascaras contained high levels of fluorine. ⁽⁹⁾

Scientists for the Environmental Working Group “reviewed its Skin Deep database of listed ingredients in cosmetics.” They “found 13 different PFAS compounds used in more than 300 products among more than 50 brands.” ⁽¹⁰⁾

Sometimes other ingredients named on an ingredients list are not PFAS themselves but were treated with PFAS. These include synthetic mica and fluorinated dimethicone. ⁽¹¹⁾

What Cosmetic Products Do Not Contain PFAS?

More often than not, PFAS show up in the cosmetics we buy. However, according to PFAS Central, a Project of Green Science Policy, these retail stores do not use PFAS in their cosmetic and personal care products: ⁽¹²⁾

• Credo.
• H&M.
• Whole Foods Market.
• Sephora (Clean at Sephora).

In addition, these manufacturers do not use PFAS in cosmetic and personal care products: ⁽¹³⁾

• Annmarie Skin Care.
• California Baby.
• Type:A deodorant.
• Hawk Tools.
• Otter Wax (body and skincare).
• Reed + Gwen (personal care).

PFAS in Mascara Lawsuits

Weitz & Luxenberg is taking a lead in filing lawsuits to get justice for our clients who have purchased waterproof mascara containing dangerous PFAS. Several lawsuits have been filed on their behalf. Our lawsuits allege companies do not disclose that their mascara and other products contain PFAS.

“The scope of this deception is just beginning to reveal itself,” says James Bilsborrow, W&L partner and our Environmental, Toxic Tort & Consumer Protection group co-chair. “Scientists are vigorously investigating hundreds of cosmetic and personal care products that have the potential to endanger the health of consumers.”

Mascara Lawsuits Filed

The first W&L lawsuit for PFAS in mascara was filed in February 2022. Then Weitz & Luxenberg filed in a New York federal court for a class action lawsuit against L’Oreal in March 2022. ⁽¹⁴⁾

This lawsuit states the “products were fraudulently and misleadingly marketed as safe for consumers and environmentally friendly, in violation of federal and state consumer laws.” In essence, L’Oreal failed to disclose to consumers about PFAS in their waterproof mascara. They misled consumers. ⁽¹⁵⁾

The proposed class action suits are open to any U.S. consumer who purchased the relevant products. ⁽¹⁶⁾ A third lawsuit was filed in New York in April 2022, also for consumers who purchased cosmetics containing PFAS. The suit was filed against Coty, Inc., which owns CoverGirl.

In addition to L’Oreal, similar lawsuits have been filed against other “industry giants” – Shiseido, and Burt’s Bees. All of the lawsuits relate to cosmetics, some of which contain potentially toxic PFAS substances. ⁽¹⁷⁾

Are PFAS Banned in Cosmetics?

On June 15, 2021, U.S. Senators Susan Collins (R-ME) and Richard Blumenthal (D-CT) introduced a bill called the No PFAS in Cosmetics Act. This bill “would ban the inclusion of PFAS chemicals in cosmetics products,” including make-up, moisturizer, and perfume. Senators Angus King (I-ME), Dianne Feinstein (D-CA), Maggie Hassan (D-NH), Jeanne Shaheen (D-NH), and Kirsten Gillibrand (D-NY), are co-sponsoring the bill. ⁽¹⁸⁾

Basically, the No PFAS in Cosmetics Act would direct the FDA “to issue a proposed rule banning the intentional addition of PFAS in cosmetics, as defined by the FDA, within 270 days of enactment, and require a final rule to be issued 90 days thereafter.” ⁽¹⁹⁾

This act is important because, if passed, it would apply to all cosmetics the FDA currently oversees that are “marketed in the United States, whether manufactured here or imported from abroad.” This includes the requirement that all “Cosmetics produced or distributed for retail sale to consumers for their personal care are required to bear an ingredient declaration.” ⁽²⁰⁾

Dangers of PFAS in Cosmetics Still Being Evaluated

The No PFAS in Cosmetics Act is another step in the right direction — making sure cosmetics are safe for consumers. “The FDA will continue to monitor the PFAS literature for toxicity studies and for dermal absorption information” including: ⁽²¹⁾

• Toxicological profiles for PFAS in cosmetics.
• The potential for human health risks from this type of exposure.
• The extent various PFAS in cosmetics can be absorbed through the skin.

Legal Options

If you purchased cosmetic products you now suspect contain dangerous PFAS, you need to do something about it. And you need to do it soon. There is a time limit on how long you have to file a lawsuit against a company when it caused you harm.

Lawsuits are being filed across the country because these companies exposed you to toxic chemicals without you knowing they did. The lawsuits indicate consumers would not have even used the product at all — much less paid more for it — if they knew it contained PFAS.

You need to contact an experienced attorney for more information. The attorney can provide details on what steps you should take.

Because so many consumers have been misled by cosmetic manufacturers, this litigation is being filed as a potential class action lawsuit. Your attorney can let you know if you are eligible to join the lawsuit and seek compensation.

And when you choose an attorney, you want one who has successfully sued other large companies over exposure to PFAS. And at a firm used to taking on big corporations — a firm like Weitz & Luxenberg.

How W&L Can Help

Weitz & Luxenberg has been helping clients harmed by the actions of global manufacturing giants and large corporations for more than three decades. Because we are a national firm, we can join with our partners across the country to secure the best possible outcomes for our clients.

Here are a few examples of our W&L victories:

• W&L attorneys secured a $65.25 million settlement on behalf of businesses and residents whose drinking water supply was contaminated by the PFAS perfluorooctanoic acid (PFOA) in Hoosick Falls, New York.
• W&L attorneys achieved a $23.5 million proposed settlement for residents exposed to water contaminated with PFOA, a PFAS chemical in Petersburgh, New York.
• W&L attorneys secured a $423 million settlement on behalf of residents and businesses of 153 water systems across the country whose water was contaminated with the toxic gasoline additive MTBE, methyl tertiary butyl ether.

Frequently Asked Questions (FAQs)

Updated April 2025