For more information or confidential
assistance, talk to an attorney today:
Call 1.800.469.7429
Se habla español!

Edelman, Krasin & Jaye File Lawsuit Over West Side Terrorist Attack Last Halloween

justice engraved on a courthouseLawrence Krasin of Edelman, Krasin & Jaye has taken on the case of the bus matron who was severely injured when the special-needs vehicle she was driving was hit by an alleged terrorist last Halloween, near the West Side highway in New York City. Mr. Krasin was quoted in the New York Post recently regarding the Halloween Bike Path Attack.

Bus Matron Requires Major Surgery After West Side Terrorist Attack

The matron, Marierose Charles, has undergone surgery for broken right ribs, injuries to the lumbar spine, a collapsed lung, and a damaged right shoulder, Mr. Krasin told the Post.

Ms. Charles was driving a vehicle with two special-needs students in it when the alleged terrorist, Sayfullo Saipov, crashed into them at West and Chambers streets in lower Manhattan.

Saipov, a native of Uzbek, is alleged to have driven a rented Home Depot truck along the bike path adjacent to the West Side Highway for almost a mile before hitting the vehicle Ms. Charles was driving. He mowed down pedestrians along the way, killing 8 people.

Families of 7 of the people killed in the incident have already brought suits against the city.

The impact on Ms. Charles’s vehicle threw her on top on the students.

City at Fault, Terror Attack Lawsuit Claims

Ms. Charles’s suit, filed in Manhattan Supreme Court suit, notes that the city had not put up barricades that would have prevented vehicles from entering the bike lane.

The city began placing concrete barriers at the intersections in the bike path the day after the attack. There are more than 48 such intersections along the West Side Highway. These type of barricades will make such attacks impossible.

Call Edelman, Krasin & Jaye for Justice

The Halloween terrorist attack was an horrific incident, killing and wounding innocent pedestrians and motorists alike. Yet every vehicle and pedestrian accident is horrific to the people involved, causing injuries and deaths that often could easily have been prevented.

Edelman, Krasin & Jaye are highly experienced attorneys who will fight for justice if you or a loved one have been injured or killed in an accident.

Our initial consultation is free; we will discuss your case and what the next steps could be. Call 1-800-469-7429 for a free consultation with an experienced Long Island and New York City personal injury lawyer today.

Additional Resources:

  1. Marsh, Julia. “Bus matron hurt in NYC terror attack sues over injuries.” New York Post. August 9, 2018. https://nypost.com/2018/08/09/bus-matron-hurt-in-nyc-terror-attack-sues-over-injuries/
  2. Moore, Tina, Larry Celona, and Danika Fears. “8 killed as truck plows into pedestrians in downtown NYC terror attack.” New York Post. October 31, 2017. https://nypost.com/2017/10/31/8-killed-truck-pedestrians-downtown-nyc-terror-attack/

Edelman, Krasin & Jaye Wins $2 Million Settlement for Client with Workplace Injury

Construction workers working on scaffoldingEdelman, Krasin & Jaye is very pleased to announce a $2 million settlement for a client who seriously injured his left heel in a workplace accident.

The injury occurred on April 20, 2012, when the plaintiff was performing his usual employment duties in New York City. He was standing on an extension ladder, hanging a sign on the exterior of a sidewalk shed in front of 164 Ludlow Street in Lower Manhattan. The extension ladder suddenly and unexpectedly slid out from underneath him. As a result, he fell and fractured his left heel.

Challenging liability issues in scaffold fall case

The case was particularly challenging because the defendant intended to prove that the plaintiff alone caused his own injuries. The defendant had contacted 6 witnesses, all physicians, who would testify that the plaintiff stated he jumped off the sidewalk shed. The statement allegedly took place at the hospital.

Attorneys from Edelman, Krasin & Jaye, however, successfully argued that the ladder slipped out from underneath him, causing him to fall. As a result, the defendant violated labor law 240(1). We procured the appropriate experts and thoroughly prepared the case and plaintiff for trial.

Plaintiff recovers damages under NY’s “Scaffold Law”

New York Labor Law 240(1), which is informally known as the “Scaffold Law,” says that the responsibility for a fall from a height rests with the third party if the third party failed in their duty to provide appropriate or non-defective safety devices to guard against the risks of falling. The third party can be an owner or subcontractor.

New York workplace injury lawyers

Our dedicated attorneys believe that this $2 million victory is a significant win not only on behalf of our client, but also strengthens labor law and thus protects all hard-working New Yorkers who are hurt on a job.

Were you or a loved one injured on a construction site in New York City, Nassau County or Suffolk County? Worker’s compensation may not provide enough money to cover your medical bills and lost wages. At Edelman, Krasin & Jaye, we understand that each day brings new challenges that you may feel unprepared to meet. That’s where our experienced, knowledgeable attorneys come in — let us carry some of the burden for you. We have successfully represented clients just like you in situations just like yours. Remember, the law is on the side of injured workers!

All initial consultations about your case are free, with no obligation! To arrange a free case review, you can reach our Bronx and Long Island offices by calling 1.800.469.7429. Speak with an experienced New York workplace injury lawyer today.

Additional Labor Law §§ 240 Resources:

  1. New York State Department of Labor, PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS, Scaffolding, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5
  2. NY Dept. of Labor, Construction Operations, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.2

Edelman, Krasin & Jaye Wins Appeal for Client with Workplace Injury

Gavel and law booksEdelman, Krasin & Jaye is very pleased to announce a recent victory in the New York Supreme Court, Appellate Division, First Department by securing summary judgment for a client who suffered workplace injuries on a construction site.

The Plaintiff was working on a renovation project when he fell and sustained injuries to his right foot while helping to transport a 600-pound, 14-foot-long steel I-beam down a staircase.

In July, a lower court had granted the defendants’ motion for summary judgement. The reversal of that decision means that the defendants must now come to the table and negotiate a fair settlement or go to trial on his very serious injuries. The plaintiff alleges that his fall was caused by the defective condition of the premises, including the presence of debris — such as chopped concrete, pieces of wire, and trim studs on the staircase — as well as inadequate lighting, and the lack of a handrail.

The suit claims a violation of Labor Law §§ 240(1) and 200 against PWI Construction, Inc., the general contractor for the project, the lessee of the premises for which the work was being performed (St. John), and the out-of-possession landlord of the premises (Rolex Realty Company LLC and Rolex Realty Company, Inc.).

Labor Law 240(1) At Issue; Worker Protection Strengthened

Labor Law 240(1) imposes absolute liability on owners and general contractors for the failure to provide workers with adequate safety devices to protect against gravity-related risks. In their application of this well-established statute, the appellate division determined liability against the defendants as a matter of law, leaving only the issue of damages to be determined, placing our client in an excellent position. The decision is especially noteworthy, as it involved a safety device that is not specifically enumerated in the statute.

The plaintiff was hurt on a staircase that had been permanent at one time, but was left in place during construction to allow for the movement of materials from one level to another. The beam was being moved by hand by the plaintiff and his co-worker. The plaintiff lost control over the beam, and lost his balance, which caused him to fall down the stairs, sustaining severe injuries.

The appellate division held that the plaintiff was entitled to summary judgment as to liability, as “the record establishes a failure [by the defendants] to provide plaintiff and his co-worker with devices offering adequate protection against the gravity-related risks of moving an extremely heavy object down a staircase, leading to the worker’s loss of control over the object’s descent and plaintiff’s injuries.”

This is a significant decision for labor law cases involving staircases, the movement of heavy items by hand, loss of control over the object being moved, or loss of balance. The decision strengthens our ability to hold owners and general contractors absolutely liable for the failure to protect their workers.

New York Workplace Injury Lawyers

Edelman, Krasin & Jaye, a New York-based law firm, is pleased to announce this appellate court victory, not only on behalf of our client, but also, by setting a strong labor law precedent, for all hard-working New Yorkers who get hurt on the job.

For more information about our legal services, or to arrange a free case review, you can reach our Bronx and Long Island offices by calling 1.800.469.7429. Speak with an experienced NY construction accident lawyer today!

Additional Labor Law §§ 240 Resources:

  1. HeinOnline, New York’s Labor Law Section 240: Has It Been Narrowed or Expanded by the Courts beyond the Legislative Intent, http://heinonline.org/HOL/LandingPage?handle=hein.journals/nyls44&div=10&id=&page=
  2. Albany Law Review, Reforming New York Labor Law Section 240(1), https://www.questia.com/library/journal/1G1-404174519/reforming-new-york-labor-law-section-240-1

Edelman, Krasin & Jaye Supports Bellmore Lions Club Polar Express Holiday Party for Kids

Polar Express for kidsEvery year, the Bellmore Lions Club spearheads a day of giving and celebration for hundreds of young children, who are treated to sweets, gifts and tons of holiday fun. The Polar Express Holiday party, held last weekend at Brookside Junior High School, was a special opportunity for children to enjoy the magic of the season. The law firm of Edelman, Krasin & Jaye was proud to lend a helping hand at this heartwarming event with donations for gifts and holiday Goody bags.

Along with dozens of dedicated volunteers, our attorneys embraced the chance to serve families in need within our local communities, and witness the pure joy on little one’s faces as they experience a winter wonderland with smiling elves, wonderful presents, and holiday-themed activities.

Lions Club Polar Express Party

The Bellmore Lions Club Polar Express for kids serves hundreds of children and their family members from our communities here in Nassau County. The party included arts and crafts activities, a face painting booth, stations brimming with sweets and candies, and holiday gifts for each child.

Everyone got to enjoy the angelic voices of Saw Mill’s Serenaders, who sang beautifully and got everyone into the holiday spirit! The party ended with a brief stop at a reading table, where the kids could take a home a free book to enjoy.

The event was a smashing success thanks to the hard work, dedication and generous donations from the Bellmore Lions Club and everyone who volunteered their time and service! A true combination of kindness, caring and service, the Polar Express Party highlights the importance of developing relationships with our local communities. Here at Edelman, Krasin & Jaye, we believe it is our responsibility to support initiatives that promote the health of the communities in which we live and serve.

Giving back to our community

Social responsibility and community service are ingrained in our firm’s workplace culture. We extend the same dedication to charitable giving as we do to providing superior legal representation to residents throughout Long Island and New York.

The entire staff here at EKJ thanks everyone who volunteered their time and efforts at the Bellmore Lions Club Polar Express party. We hope to see you next year!

Allen Rosner Selected As National Trial Lawyers: Top 40 Under 40

Edelman, Krasin & Jaye PLLC is pleased to congratulate attorney Allen Rosner on being selected to join the elite group of National Trial Lawyers: Top 40 Under 40. As a recipient of this prestigious honor, Mr. Rosner is recognized as belonging among the highest ranks of civil plaintiff and criminal defense lawyers under the age of 40 in New York State.

The National Trial Lawyers® organization extends membership invitations to only a small number of attorneys from each state “who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile.” The rigorous multi-stage selection process includes nominations from a candidate’s peers as well as extensive third-party research.

Allen Rosner recognized among the top personal injury attorneys in New York

Allen Rosner’s inclusion among The Top 40 Under 40 Lawyers is a truly distinguished accomplishment and a well-deserved honor. Honorees stand out for their knowledge, reputation, skill and career accomplishments within their age group.

Allen Rosner, trial counsel for EKJ, represents clients in a wide variety of complex legal claims, including mass tort and medical malpractice litigation, as well as lawsuits involving car accidents, negligence on the part of property owners leading to an injury (premises liability), lead poisoning and more. Mr. Rosner takes pride in his reputation for always going the extra mile for his clients, whether it’s working side by side with them during all stages of mediation or settlement negotiations, or tenaciously fighting for their rights in court before a judge and jury.

Special insight into commercial litigation

Mr. Rosner currently serves as President of the Business Networking International Apollo Chapter. Mr. Rosner’s specialized business knowledge — he graduated summa cum laude from the University of Rhode Island in Accounting — gives him a unique insight into commercial litigation as well as other business-related legal matters, such as breach of contract.

Mr. Rosner has been a dedicated participant in the Cardozo Law School Mentoring Program. As a representative to the Young Lawyers Section, he has also served on the Executive Board of the Torts, Insurance and Compensation Law Section of the New York State Bar.

Mr. Rosner is a 2011 cum laude graduate of St. John’s University School of Law, where he served as Editor-in-Chief of the New York Litigator Law Journal.

Mr. Rosner’s other professional affiliations include the New York State Trial Lawyers Association and the New York State Bar Association.

EKJ Announces 2nd Annual Long Island CRPS/RSD Awareness Walk

CRPS/RSD Awareness Walk LogoThe Law Office of Edelman, Krasin & Jaye is proud to be a Gold Sponsor of the Second Annual Long Island CRPS/RSD Awareness Walk benefiting the Reflex Sympathetic Dystrophy Syndrome Association (RSDSA), to be held next Saturday, September 9th.

Bring your family and friends, wear comfortable walking shoes, and learn more about this little known, progressive disease and the families affected by it.

2nd Annual Long Island CRPS/RSD Awareness Walk

Edelman, Krasin & Jaye hopes you will join us for the 2nd Annual Long Island CRPS/RSD Awareness Walk – a wonderful opportunity to meet others affected by Reflex Sympathetic Dystrophy, also known as Complex Regional Pain Syndrome (CRPS). There will be speakers, educational materials, crafts for the whole family, and a BBQ!

Help promote public awareness of Complex Regional Pain Syndrome while getting some exercise! Registration is available on the day of the walk, starting at 8AM.

Date: Saturday, September 9, 2017
Location: Dogwood Field in Eisenhower Park in East Meadow, NY (at the corner of Merrick Ave and Hempstead Turnpike)
Recommendations: Participants are encouraged to bring their own blankets and portable chairs

About Reflex Sympathetic Dystrophy (RSD)/CRPS

Complex regional pain syndrome is characterized by chronic pain (lasting more than six months), which usually affects one limb. While the cause of this disorder isn’t fully understood, it is believed that damage to the nervous system and peripheral nerves – which sometimes occurs during injury – is a contributing factor.

The main symptoms of Reflex Sympathetic Dystrophy include severe, constant pain that can range from a “pins and needles” feeling to a sharp, burning sensation. The pain can affect an entire leg or arm, and may even spread to another limb. People who suffer from CRPS may also experience blotchy skin, changes in skin temperature, or experience swelling of the afflicted limb, triggered by abnormal circulation in the area.

If not diagnosed and treated early, this disorder can progress rapidly, resulting in further complications such as tissue wasting (atrophy) and painful muscle contractures, where the hand or fingers remain in a fixed position.

CRPS also impacts the immune system, sparking higher than normal levels of inflammatory chemicals that cause swelling, warmth and redness common in many patients. CRPS is more common in women than men, and in individuals who have other inflammatory and autoimmune conditions.

The symptoms of CRPS can vary wildly in terms of their severity, with some people experiencing long-term disability. Additional research is needed to understand the underlying causes of this often-debilitating disease, how it progresses, and the best forms of early treatment.

For more information about the Second Annual Long Island CRPS/RSD Awareness Walk, go to:  https://www.firstgiving.com/rsds/long-island-walk-2017 .

The entire legal team at EKJ thanks you all for your support of this very worthy cause.  We look forward to seeing you next weekend!

Additional Resources on Complex Regional Pain Syndrome:

  1. National Institute of Neurological Disorders, Complex Regional Pain Syndrome Fact Sheet https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact-Sheets/Complex-Regional-Pain-Syndrome-Fact-Sheet
  2. Mayo Clinic, http://www.mayoclinic.org/diseases-conditions/complex-regional-pain-syndrome/basics/coping-support/con-20022844

Team Up With EKJ To Help Hurricane Harvey Victims

 

Hurricane Harvey flyer

”There are no greater treasures than the highest human qualities such as compassion, courage and hope. Not even tragic accident or disaster can destroy such treasures of the heart.”

– Daisaku Ikeda

 

Less than five years ago, more than 95,000 buildings were destroyed in Nassau and Suffolk County during Hurricane Sandy. So, to us, the devastation and humanitarian crisis caused by last week’s Hurricane Harvey hit close to home in our hearts. We’ve seen the images and read the stories, but we know that compassion is not enough to rebuild lives. The law office of Edelman, Krasin & Jaye has coordinated an effort with local places of worship and the Jewish Federation of Greater Houston to deliver much-needed supplies to families displaced by floods and wind damage.

We’re donating the truck, but we need your help filling it!

We’ve paid for an 18-wheeler that will travel more than 1,700 miles to Houston, Texas. Now we need your help filling our truck with supplies!

Join our Hurricane Harvey aid effort by purchasing any of the much-needed items below. Please label what is in each bag, as we’ll have to compile a full list of supplies in our truck. Supplies will be collected from our office through Wednesday, September 6 and at Jewish worship centers through Thursday, September 7.

Items needed for Hurricane Harvey aid:

  • Bottled water
  • Heavy duty trash bags
  • Packing supplies
  • Work gloves
  • Cleaning supplies, including old towels
  • Nonperishable food items
  • Grocery store gift cards
  • Home improvement store gift cards

Where to drop off Hurricane Harvey aid in Long Island

Donation drop-off locations in the Long Island area include:

  • The Law Office of Edelman, Krasin & Jaye – 7001 Brush Hollow Road in Westbury (516-742-9200)
  • Temple Beth Torah – 35 Bagatelle Road in Melville (631-643-1200)
  • Temple of Judea Manhasset – 333 Searingtown Road in Manhasset (516-621-8049)
  • Congregation L’dor V’dor – 11 Temple Lane in Oyster Bay (516-470-1700)
  • Port Jewish Center – 20 Manorhaven Boulevard in Port Washington (516-944-7202)

Contact each location for drop-off times.

We’re donating our time and service – will you help?

We will be loading up the truck from Temple Beth Torah and Temple Judea on Thursday the 7th, with times to be determined. If you wish to help with this effort, please contact:

We hope to see you there!

ADDITIONAL RESOURCES:

E-Cigarette Liability Case Brought by Burn Victim in Late June

close up portrait of a man smoking an e-cigaretteAn Illinois couple recently filed a claim against e-cigarette battery manufacturer LG and two vape stores in their state, alleging product liability. LG makes a lithium-ion battery that exploded in the pants pocket of Scott Schroeck in mid-June, causing second and third degree burns. Mr. Schroeck and his wife Denise are charging both the manufacturer of the battery and the retailers, Rockin Vape and Tobacco Zone, with failure to give adequate warnings about the danger of exploding e-cigarettes. The stores are both located in Joliet, Illinois.

The claim states that Scott Schroeck’s burns have cost $200,000 in medical charges so far. Denise Schroeck alleges negative effects on the marriage from the injuries.

Batteries in e-cigarettes are flammable

The chemicals used in lithium ion batteries are known to be extremely flammable. They are safe if manufactured and processed correctly when placed in the device, and if the device is designed properly.

Unfortunately, however, manufacture, integration, and design is far from perfect. The batteries can short circuit or catch on fire as a result of “thermal runaway,” a chemical reaction that causes the battery to catch on fire. Both these accidents, in turn, can be caused by battery damage, too rapid recharge, extreme temperatures, the juxtaposition of other metal material, or using chargers from the aftermarket.

Scott Schroeck has indicated that he had two batteries in his pocket when one caught on fire.

Injuries from e-cig explosions and fires rising

The number of injuries from exploding e-cigarettes and their batteries has been rising for several years. In 2015, the American Burn Association noted several hundred injuries from e-cigarettes that year.

The U.S. Food and Drug Administration (FDA) believes that the injury rate from exploding e-cigarettes is underreported. The agency believes that explosions may occur when no one is injured, and thus not inclined to report the incident. In addition, news reports cause the number of reports to rise, indicating a number not reported without the impetus of a recent similar event.

Another U.S. agency, the Federal Aviation Administration, indicates that more than 80 emergency events have been reported in the past four years from accidents related to lithium battery powered items. The events have ranged from unplanned landings to fires igniting in mid-flight.

The risks have caused some lithium powered devices, including e-cigarettes, Samsung Galaxy Note 7 smartphones, and hover boards, to be banned or restricted by the FAA.

Last year, all forms of electronic smoking products were banned from flights and checked baggage by the U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA). These products include e-cigarettes and vape pens.

Do you need an attorney?

The increasingly clear dangers posed by e-cigarettes, vape pens, and lithium-powered batteries can no longer be ignored. If you or a loved one has suffered injuries or died as a result of an accident caused by one of these products, attorneys from Edelman, Krasin & Jaye can help. We are seasoned personal injury attorneys who will fight for justice. Compensation from a New York e-cigarette lawsuit can cover medical bills, lost wages, retraining, and emotional loss or harm.

Call us today for a free initial consultation at 1-800-469-7429. We can meet you in New York City or Long Island at your convenience.

Additional “e-cigarette burn injury” resources:

  1. U.S. Food and Drug Administration. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm

Plea Deal for Impaired Driver Shocks Victims’ Families

In July of 2015, eight women were departing from a tour of a North Fork vineyard. At about 5 p.m. in Cutchogue, the women’s limousine executed a legal, but ill-advised U-turn on County Route 48. A pick-up truck driven by Steven Romeo T-boned the limo, killing three of the women nearly instantly. A fourth died at the hospital. Two others suffered critical injuries. Recently, the case reached an unsatisfactory conclusion for the four families of the victims.

Plea deal causes outrage

The truck driver had originally been charged with driving while intoxicated and driving while ability impaired by alcohol (DWAI) after the deaths of Brittney Schulman, Lauren Baruch, Stephanie Belli, and Amy Grabina, who were all in their early 20s. According to the prosecutors, Romeo’s blood alcohol content was 0.06 percent, measured about 90 minutes after the crash. The prosecutors did not feel there was sufficient evidence to obtain a conviction, and so a plea deal was arranged.

Romeo pleaded guilty to driving while ability impaired, which is a traffic infraction that resulted in a 90-day license suspension and an $885 fine. Audible gasps were heard from the families of the victims, who were present in the courtroom at the time.

However, the Suffolk County Assistant District Attorney John Scott Prudenti asserts that the responsibility for the crash rests with the limo driver, not with Romeo. “A sober driver would not have been able to react and prevent the crash based upon the limo driver’s actions that day,” said Prudenti. ““A professional driver had put them in harm’s way by carelessly and negligently making that ill-advised turn into oncoming traffic.”

Wrongful death lawsuits

Despite the dismay they experienced in the courtroom, the families of the victims do have legal recourse available to them. As they exited the courtroom, the families briefly mentioned their plans to sue both Romeo and the limo driver, Carlos Pino. Although U-turns are legal in that particular area, parties involved with the case have suggested that it was inappropriate for the driver of a limo to make such a maneuver because of the limited space. The Suffolk County District Attorney, Thomas Spota, gave this statement regarding Pino: “He failed to take any precaution or any action to make sure he could safely enter the westbound lanes. He continued to attempt to make his turn without stopping, without looking.”

The limo driver was later indicted by a grand jury on four counts of criminally negligent homicide. However, in October 2016, a judge dismissed all of the charges on the basis of improper grand jury testimony.

Because criminal cases and civil lawsuits proceed entirely separately from each other, filing a wrongful death lawsuit is still an option, even if a defendant does not face criminal charges or is found not guilty.

Effective legal advocates in New York

Car crashes are rarely as straightforward as they might appear at first. At Edelman, Krasin & Jaye, our clients can take advantage of our substantial resources and personalized, courteous attention. Our litigators have the experience necessary to effectively handle drunk driving cases, limo crashes, and wrongful death cases.

Our Long Island car accident lawyers are dedicated to securing maximum compensation for our clients, and we never charge a fee unless we win. You can request a free case review by calling today.

Additional “Long Island limo crash” resources

  1. CBS New York, Victims’ Families Call Plea Deal For Driver In Deadly Long Island Limo Crash A Disgrace, http://newyork.cbslocal.com/2017/04/26/long-island-limo-crash-guilty-plea/
  2. The New York Times, Driver Charged in Fatal Limousine Crash on Long Island Left Scene, Prosecutor Says, https://www.nytimes.com/2015/07/21/nyregion/driver-charged-in-fatal-long-island-crash-left-scene-prosecutor-says.html?_r=0
  3. CBS New York, Limo Driver Indicted In Fatal Long Island Crash, http://newyork.cbslocal.com/2016/03/16/long-island-limo-crash-indictment/

Lawsuits Filed in New York and Texas Claim Damages from Exploding E-Cigarettes

close up portrait of a man smoking an e-cigaretteTwo lawsuits were recently filed charging that exploding e-cigarettes caused injury to men in New York and Texas.

The separate claims showed similar patterns of damage. The New York man, Otis Gooding, suffered second and third degree burns all along his leg and his right hand when an e-cigarette exploded and began burning in his pants pocket. A surveillance video shows sparks flying as he attempts to put out the fire.

He faced a lengthy hospital stay and skin grafts. Gooding is suing both the manufacturer and the store where he bought the product.

The Texas man, Navy veteran Matthew Bonestele, suffered third degree burns to his right leg and severe damage to his right thigh. A battery, the LG Chem HG2 18650, exploded in his pocket.

Bonestele’s suit brought charges against the manufacturer, LG Chem America, Inc. for defect design and manufacture, and also for not placing warnings on the product alerting purchasers to the defect. Distributors Lightfire Group, LLC and Great Vapes LLC, where he bought the product, are also charged.

Exploding e-cigarettes: the problem continues

Electronic cigarettes and vaporizers have increasingly been shown to be very unsafe. These products, their chargers, and their batteries pose very serious risks of explosions and burns.

As evidence rises that e-cigarettes and related products are unsafe, the U.S. Food and Drug Administration (FDA) and the American Medical Association are increasingly considering regulation.

In 2016, the FDA was given a mandate to regulate all manufacture, packaging, labeling, advertising, promotion, sale, distribution, and importation of these products.

Increasingly, specific regulations and legislation are being enacted against e-cigarette use. They are currently not allowed on checked luggage because of the risk of in-flight fire. They are also prohibited on any Navy fleet due to the risk of injury to personnel.

In April 2017, the FDA will hold a public workshop to discuss safety concerns about e-cigarettes. The results will be made public in May 2017.

If your e-cigarette explodes

The e-cigarette explosion lawyers at Edelman Krasin & Jaye believe every e-cigarette user needs to be warned about the risks and dangers posed by these products, their batteries, and their chargers.

Given the dangers reported so far, it might be prudent to stop using e-cigarettes until more regulation is forthcoming.

If you have experienced injuries from using an e-cigarette, contact our firm immediately for a consultation at no charge to you. We will discuss your legal rights to compensation under product liability law.

We recommend the following steps if you have been harmed by e-cigarettes:

  1. Keep any evidence, including the device, battery, and charger. Any burned clothing or other damaged items should be kept.
  2. Take pictures of this evidence and any injuries or other damage. Pictures should be taken as soon as possible, from a cell phone if necessary.
  3. Get all medical records pertaining to the incident.
  4. Check if surveillance video that recorded any incident is available.

Our seasoned lawyers have fought for the rights of injury victims for more than 60 years. Call us toll free to speak with a product liability lawyer now.

Additional “e-cig injury lawsuit” resources:

  1. U.S. Food and Drug Administration. Tobacco Products. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm
  2. Villeda, Ray. “Man Injured by Exploding E-Cigarette Sues Manufacturers, NYC Shop.” NBC Channel 4, New York. April 12, 2017. http://www.nbcnewyork.com/news/local/NYC-Man-Injured-by-Exploding-E-Cigarette-Sues-Manufactures-Shop-419304364.html
  3. Wolf, Mackenzie. “Navy Veteran Whose E-Cigarette Exploded Files a Lawsuit.” NavyTimes, April 18, 2017. https://www.navytimes.com/articles/navy-veteran-whose-e-cigarette-exploded-files-a-lawsuit