<?xml version="1.0" encoding="utf-8" ?><rss version="2.0"><channel><title>Feldman, Kronfeld &amp; Beatty Law Blog</title><description>Feldman, Kronfeld &amp; Beatty Law Blog</description><link>http://fkbeatty.com/lawyer/blog/Feldman,-Kronfeld--Beatty-Law-Blog</link><language>en-us</language><lastBuildDate>Wed, 29 Apr 2026 07:38:28 GMT</lastBuildDate><ttl>10</ttl><item><title><![CDATA[Worn Marble Stairs - A Danger, and Now, a Case]]></title><link>http://fkbeatty.com/lawyer/2016/05/09/1st-Department/Worn-Marble-Stairs---A-Danger,-and-Now,-a-Case_bl24784.htm</link><description><![CDATA[<p>Lots of stuff&nbsp;</p>]]></description><pubDate>Mon, 09 May 2016 09:00:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[Operating Room Fires]]></title><link>http://fkbeatty.com/lawyer/2016/05/06/Medical-Malpractice/Operating-Room-Fires_bl24780.htm</link><description><![CDATA[<span></span><p class="">The New York Post <a href="http://nypost.com/2016/05/01/hospital-probed-after-patient-catches-fire-during-surgery/">reported </a>that on December 30, 2014, a fire broke out in an operating room and likely burned the patient at NYU Langone Medical Center. Because of a communications failure between the surgeon and anesthesiologist, who wasn’t aware that a certain instrument would be used in the presence of oxygen, somehow the instrument caused a fire.</p><p class="">Fires at surgical sites are rare, but the presence of pure oxygen increases the danger of oxygen fires. On April 7, 2009, Hazel Volke was undergoing surgery when a hair within the surgical field, combined with Chloraprep and the oxygen that Ms. Volke was receiving caused a fire at the surgical site. The device was an “electrocautery” device, or a device that cauterizes and prevents bleeding by electrocuting the spot of the bleeding.</p><p class="">Personal injury attorneys can assist in situations like operating room fires. They often involve complicated and complex medical situations with advanced medical devices, and requires a skilled and experienced attorney to acquire both the medical and engineering professionals to prove how the fire started and appropriately prove the negligence. If you, or a loved one, has been hurt in an operating room fire, call the <a href="http://fkbeatty.com/new-york-ny-medical-malpractice-lawyer_pa20641.htm">experienced medical malpractice attorneys</a> at Feldman, Kronfeld &amp; Beatty at (212) 425-0230 or info@fkbeatty.com for a <a href="http://fkbeatty.com//index.aspx?TypeContent=CONSULTATIONREQUEST">free consultation</a>.</p>]]></description><pubDate>Fri, 06 May 2016 09:00:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[Go-Kart Injuries are Especially Hazardous to Children]]></title><link>http://fkbeatty.com/lawyer/2016/05/02/1st-Department/Go-Kart-Injuries-are-Especially-Hazardous-to-Children_bl24732.htm</link><description><![CDATA[<span></span><p class="">A go-kart injury can change your life. According to the <a href="https://www.cpsc.gov/PageFiles/97581/go-kart.pdf">U.S. Consumer Product Safety Commission</a>, between January 1, 1990 and December 31, 1999, there were 113 go-kart-related deaths to children under 15 years old, 2 of which were in New York. The major hazards associated with the go-kart incidents were collision with a stationary object, collision with a moving vehicle, or a loss of stability. The most at risk of go-kart injuries are male children. When go-karts hit stationary objects or moving vehicles and cause injuries, they’re generally in amusement parks or recreation complexes. When go-karts tip or turnover, slide, or skid, the go-karts are generally on private property, demonstrating that when a go-kart turns over, slides, or skids in an amusement or recreation complex, it is an unusual chain of events. When a fatality strikes, it is usually due to head or neck injuries.</p><p class="">It is difficult for those who have been injured in go-karts to seek recovery in New York courts. Just recently, a Second Department Appellate Division case ruled that, under the doctrine of primary assumption of the risk, the plaintiff assumed the risks inherent in driving a go-kart, including the risk of sustaining injuries. In the First Department, a court ruled that in riding a go-cart, the plaintiff assumed the risks inherent in the activity, including the risk that the go-cart would bump into objects. Including the risk that vehicles racing around the track may intentionally or unintentionally collide with or bump into go-karts. Even when the go-kart track is designed to be intentionally slick in areas of the course, especially in the curves, in order for the go-karts to slide, the plaintiff assumes the risk of his or her injuries.</p><p class="">Therefore, it is very difficult to recover against the owners or operators of a racetrack when a loved one is hurt or killed in a go-kart accident. It is important that, if you or a loved one is hurt in a go-kart accident, that you contact experienced personal injury attorneys immediately who can work on an important case like yours. The experienced <a href="http://fkbeatty.com/new-york-ny-automobile-accidents-lawyer_pa20636.htm">motor vehicle and go-kart injury attorneys</a> at Feldman, Kronfeld &amp; Beatty are <a href="http://fkbeatty.com/index.aspx?TypeContent=CONTACTUS">available </a>at (212)425-0230 or at info@fkbeatty.com for a <a href="http://fkbeatty.com//index.aspx?TypeContent=CONSULTATIONREQUEST">free consultation</a>.</p>]]></description><pubDate>Mon, 02 May 2016 14:05:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[Spa Beauty Treatment Burns Customer's Cornea]]></title><link>http://fkbeatty.com/lawyer/2016/04/21/Negligent-Supervision,-Training,-and-Retention/Spa-Beauty-Treatment-Burns-Customer's-Cornea_bl24568.htm</link><description><![CDATA[<p>The New York Post reported <a href="http://nypost.com/2016/04/20/groom-sues-beauty-store-for-horrifying-eyelash-tinting-experience/">today </a>about a beauty parlor treatment gone awry. A customer wanted to have his eyelashes tinted. The esthetician, who worked at Benefit Cosmetics Brows-A-Go-Go on Lexington Avenue and East 63rd Street, had never been trained to use the product and should have first tested it on his skin, court papers said. The man noticed the next day that his eyes were read and full of pus, and he noticed what appeared to be a burn mark under his cornea. Now he's suing the spa.</p><p>The attorneys at Feldman, Kronfeld &amp; Beatty have years of experience working with people who have been burned, hurt, and injured at spas, beauty parlors, and hairdressers in New York City. These spas are often undercapitalized and do not provide adequate training or protection for their employees. The customers are the ones who often get hurt by these unsupervised and untrained employees using dangerous products and techniques. If you, or a loved one, has been hurt or injured in a spa or beauty parlor, contact the experienced personal injury trial attorneys at Feldman, Kronfeld &amp; Beatty at (212) 425-0230 or at info@fkbeatty.com for a free consultation.</p>]]></description><pubDate>Thu, 21 Apr 2016 09:36:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[MMA: Dangerous Sport]]></title><link>http://fkbeatty.com/lawyer/2016/04/12/Wrongful-Death/MMA-Dangerous-Sport_bl24446.htm</link><description><![CDATA[<p>With MMA now on the road to being legal in New York, with legal fights like boxing matches, it's important to realize what the consequences will be for the fighters and their families. In Dublin, a mixed martial arts fight from Portugal died from injuries sustained three days ago, during a fight. The fight authorities stopped the fight, the fighter was assessed by doctors and medical staff at the onsite medical office, and transported to the hospital. Even still, this was not enough.</p><p>New York has very stringent rules regarding the ability for individuals who are injured playing in sports to recover in Court for their injuries. In general, people who are injured while playing a sport cannot sue, even for negligence, if they are injured while playing a sport. When MMA comes to New York, there will be people who will suffer serious injuries and will not be able to hold the authorities responsible unless there is a significant deviation from what is normal in the sport.</p><p>If you, or a loved one, is injured while playing a sport, such as MMA, you should contact the attorneys at Feldman, Kronfeld &amp; Beatty at (212) 425-0230 or at info@fkbeatty.com for a free consultation.</p>]]></description><pubDate>Tue, 12 Apr 2016 13:15:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[Bus Driver Wins $487,000]]></title><link>http://fkbeatty.com/lawyer/2016/04/11/Auto-Accidents/Bus-Driver-Wins-$487,000_bl24434.htm</link><description><![CDATA[<p>&nbsp;Mr. Chin was a bus driver when he was struck broadside by another vehicle. The question put to the jury was only damages. He suffered two lumbar herniations, and a fracture and a ligament tear on his non-dominant hand. He missed approximately eight months on the job, which was a past lost wage claim of $59,000.</p><p>The Brooklyn jury awarded him $487,000.00 on January 23, 2016. While this is not indicative of similar cases, it can show that going all the way to trial, while risky, can award the plaintiff significantly. If you, or a loved one, have been injured in a motor vehicle accident, you should contact the experienced motor vehicle accident trial attorneys at the law firm of Feldman, Kronfeld &amp; Beatty at info@fkbeatty.com or at (212) 425-0230 for a free consultation.</p><p>Past performance does not guarantee future results.</p>]]></description><pubDate>Mon, 11 Apr 2016 14:05:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[High Winds Can Cause Injuries]]></title><link>http://fkbeatty.com/lawyer/2016/04/04/New-York-City/High-Winds-Can-Cause-Injuries_bl24369.htm</link><description><![CDATA[<p>The weather report for this weekend read that gusts of up to 60 miles per hour were to be expected for the New York City area. The Department of Buildings issued a warning for crane operators, contractors, and property owners that the high winds could cause hazardous conditions. High winds this year have caused cranes to collapse, windows to fall of buildings, and sometimes actually caused people to lose balance and fall. People have been injured or killed in these foreseeable accidents. If you, or a family member, have been injured as a result of high winds in the New York City area, please call the experienced personal injury trial lawyers at Feldman, Kronfeld &amp; Beatty at (212) 425-0230 or at info@fkbeatty.com for a free consultation.</p>]]></description><pubDate>Mon, 04 Apr 2016 10:51:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[2d Department Appellate Roundup: Cases of Interest]]></title><link>http://fkbeatty.com/lawyer/2016/03/30/2nd-Department/2d-Department-Appellate-Roundup-Cases-of-Interest_bl24340.htm</link><description><![CDATA[<p>Two cases are of particular interest, both decided today:</p><p>In <a href="http://www.nycourts.gov/reporter/3dseries/2016/2016_02311.htm">Chilinski v. LMJ Contracting, Inc.</a>, Mr. Chilinski, a welder, fell through a purposely designed opening in a platform floor that had temporarily covered with a piece of plywood. The platform was erected as part of the installation of an oven at a commercial bakery. The owner of the property, United, moved for summary judgment, but failed to establish that the plaintiff's accident arose solely from the method or manner of the work performed and not from a dangerous condition of the premises. It failed to demonstrate that it was not negligent in connection with the plaintiff's accident. However, one of the contractors was able to submit evidence that it was not involved with constructing the plywood cover and that it did not direct, supervise, or control the work giving rise to Mr. Chilinski's injury.</p><p>In <a href="http://www.nycourts.gov/reporter/3dseries/2016/2016_02319.htm">Fiore v. Plainview Plaza</a>, Ms. Fiore, slipped and fell on a four-inch thick patch of ice in a parking lot. The defendant moved for summary judgment, but the plaintiff submitted an affidavit stating with a reasonable degree of engineering certainty, the parking lot had been paved at too flat a grade to properly drain. The plaintiff had therefore raised a triable issue of fact as to whether the parking lot was defectively designed, and thus allowed water to pond in the area where she fell.</p><p>If you are injured in a slip-and-fall or in a construction accident, contact the experienced personal injury attorneys at Feldman, Kronfeld &amp; Beatty today for a free consultation at (212) 425-0230 or at info@fkbeatty.com.</p>]]></description><pubDate>Wed, 30 Mar 2016 16:47:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[NYCHA Tenant Killed by Mislevelled Elevator that NYCHA Knew was Faulty]]></title><link>http://fkbeatty.com/lawyer/2016/03/29/Bronx/NYCHA-Tenant-Killed-by-Mislevelled-Elevator-that-NYCHA-Knew-was-Faulty_bl24308.htm</link><description><![CDATA[<p>On Christmas Eve, Olegario Pabon tripped over a mislevelled elevator in his apartment building. Instead of stopping flush to the floor, the elevator wasn't level and Mr. Pabon tripped over the lip. He fell and hit his head. He crawled from the elevator to an apartment of another tenant, who called 911. The next day, Christmas Day, Mr. Pabon died.</p><p>Now it has become apparent that less than two hours before Mr. Pabon died, NYCHA had been warned that the elevator was behaving erratically. The Department of Investigation "uncovered significant flaws in NYCHA's handling of elevator complaints, as well as NYCHA's compliance with elevator safety laws." Horribly, a fail-safe device, called a brake monitor, had been deliberatly disabled. This monitor could have saved Mr. Pabon's life. Brake monitor problems were found in many NYCHA buildings.</p><p>If you, or a loved one, has been hurt or killed by an elevator mislevelling in a NYCHA building, call the experienced elevator lawyers at Feldman, Kronfeld &amp; Beatty at (212) 425-0230 or at info@fkbeatty.com for a free consultation.</p>]]></description><pubDate>Tue, 29 Mar 2016 10:42:00 GMT</pubDate><category>Blogs</category></item><item><title><![CDATA[FDNY Firefighters Awarded $183 Million]]></title><link>http://fkbeatty.com/lawyer/2016/02/24/Bronx/FDNY-Firefighters-Awarded-$183-Million_bl23728.htm</link><description><![CDATA[<p>On January 23, 2005, on 236 East 178th Street, a fire began on the fourth floor. Six firefighters, including Lt. Curtis Meyran, and John Bellow, responded to the call. On the fourth floor, the firefighters became trapped in a warren of rooms caused by two tenants, Caridad Coste and Rafaele Castillo. All six were forced to jump out of a window, and Curtis and John plunged to their deaths. Joseph DiBernardo, another, whose heels and feet were crushed by the impact, died six years later. The other three suffered injuries that will haunt them for the rest of their life.</p><p>On Monday, in one of the largest verdicts ever against New York City, a Bronx jury found it and the landlord of the building responsible, and ordered them to pay $183 million. The jury assigned 80% of the blame to the city, which means New York City will have to pay the families of those two firefighters $146 million for its failure to equip the firefighters with personal safety ropes that would have let the men escape from the burning building.</p><p>&nbsp;</p>]]></description><pubDate>Wed, 24 Feb 2016 13:19:00 GMT</pubDate><category>Blogs</category></item></channel></rss>