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Personal Injury Focused
At Rutberg Breslow Personal Injury Law, we work only in the area of law that provides monetary compensation to injured people and the families of wrongful death victims. Our area of law covers every situation you can think of in which accidental injury or death can happen – from roadway accidents, fires and explosions, animal attacks, slip/trip and fall accidents, construction accidents and structural failures to defective products, dangerous toys, unsafe playgrounds, dangerous drugs, and defective medical devices. If you or a loved one has been seriously injured due to the negligence of others, the law says you are entitled to monetary compensation. We make sure you get compensated.
Scroll down to see a list of some (not all) types of serious injury/catastrophic injury/wrongful death cases we manage and win for our clients:
Auto, Truck, and Motorcycle Accidents
When driving on a public roadway, we are expected to exercise due care and abide by the traffic laws that are in place to ensure public safety. Sadly, auto, truck, and motorcycle accidents happen every day because not everyone obeys the law.
Construction Site Accidents
Construction sites inherently present a number of hazards, such as crane accidents, electric shock, collisions, scaffolding accidents, welding accidents, fires and explosions, falls from heights, and falling objects. To prevent personal injury to workers; employers, contractors, and construction site owners are expected to maintain a certain level of safety.
Dangerous Conditions on Private or Public Property
Most of us enjoy shopping at big box stores. They offer one-stop shopping for a wide range of products at competitive prices. But when managers and staff are not sufficiently focused on customer safety, these huge locations can be dangerous.
Fires and explosions cause devastating injuries and deaths. Over two million burn injuries are reported annually in the United States. At least 600,000 of them require medical attention.1
Common causes of fires and explosions include faulty appliances, careless cooking, smoking, misuse of heaters, and electrical malfunctions. We also see injuries and deaths caused by negligent repair, maintenance, installation of heating systems, and mistakes people make during fuel deliveries. Around the home, the misuse of gas grills, propane heaters, and aerosol products are the cause of many explosions. Chemical burns can also occur with the careless mishandling of substances like Drano®, paint solvents, and bleach.
At Rutberg Breslow Personal Injury Law our “hands-on” approach is nowhere more pronounced than in cases involving fire or explosions. We work with current and retired authorities such as forensic engineers, and other “cause and origin” experts to determine how it happened and who is to blame. When necessary we go with them into the damaged building to gather the photographic and physical evidence necessary to protect the rights of our clients.
The law says that burn victims are supposed to be compensated for their past and future terror, pain, suffering, disfigurement, and disabilities as well as for medical expenses, lost income, and other economic loss. In cases of death by fire or explosion, the victim’s family may be entitled to compensation.
If you or a loved one has been injured by a fire, explosion, or chemical burn, you need a lawyer with experience in those types of cases. Rutberg Breslow Personal Injury Law is here to make sure burn victims receive the compensation they deserve and that families can support themselves after a tragic loss. We handle cases all over the state of New York. Contact us for a free consultation.
An average of 4.5 million people are injured each year by dog bites in the United States,8 with damages exceeding $1 billion dollars per year. Sadly, children are the most likely victims of injuries caused by dangerous animals. Dogs and other wild animals often attack the face, which causes even more devastating injuries.
In many cases, dangerous animal attacks occur without provocation by the victim. It is primarily an animal owner’s responsibility to ensure that pets, livestock, and wild animals in captivity are properly trained, managed, or restrained and will not cause harm. In many situations the animal’s owner is responsible for compensating victims after an attack. In some situations that responsibility also falls upon a landlord or someone left to care for the animal in the owner’s absence.
If you have been seriously injured by a dog bite or other dangerous animal attack, contact our personal injury lawyers immediately. At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured by the negligence of others. We are experienced in dangerous animal cases, and we will help you receive proper compensation. We handle cases all over the state of New York. Contact us for a free consultation.
If you have been injured because of unsafe buildings and grounds, dangerous conditions in stores, malls, and other places of business, your case falls into an area of law known as Premises Liability. This type of claim may happen in all sorts of premises — a private home, retail business, cultural or sporting event, public or private walkway. The legal responsibility of the property owner varies according to the particular facts of the case.
For you to be eligible to receive compensation for your injuries, an attorney must first prove that the property owner was negligent. In this situation the owner is negligent if the owner knew about the dangerous situation or should have known about it and did nothing to fix or prevent injury. It is not uncommon for the condition that caused the accident to be repaired, covered up, or removed by the property owner immediately following the accident. Premises liability claims require immediate, skilled investigation to ensure a successful result.
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured by the negligence of others. We are experienced in premises liability cases involving slips and falls. If you are seriously injured, we will help you receive fair compensation. We handle cases all over the state of New York. Contact us for a free consultation.
The law states that manufacturers, wholesalers, and retailers must meet certain standards to ensure the safe use of their products. Defective products can cause serious injuries for which those who made or sold the product may be legally responsible. This area of law is called “products liability” and covers the full spectrum of products such as medical devices and implants, food, drugs, automobiles, appliances, toys, tools, and machinery.
A defective product is any product that is proven unreasonably dangerous for its intended use. Products may be defective because of a manufacturing defect, a design defect, or the failure to properly warn consumers of possible hazards. When someone is injured or killed by such a product, the law says they or their family are entitled to compensation from the manufacturer and others in the “chain of commerce” such as wholesalers and retailers. If you or a loved one has been injured by a defective product, you should contact us immediately to protect your legal rights to a monetary recovery.
At Rutberg Breslow Personal Injury Law, we are experienced in the law of products liability and work hard on the behalf of those injured by defective products. We are here to help you receive proper compensation. We handle cases all over the state of New York. Contact us for a free consultation.
All too often, children are hurt at playgrounds, areas we expect to be fun and safe. Similar to dangerous grounds and places of business, injuries resulting from unsafe playgrounds fall under the area of personal injury law known as Premises Liability. Playgrounds are required to meet certain standards to ensure the safety of children, including a satisfactory level of supervision, equipment quality and condition, and proper fall surfaces.
Every year thousands of children are seriously injured at unsafe playgrounds. Understandably, children at play can get hurt with no one to blame. If a child is hurt at a playground through no one’s fault, there is no case. However, injury claims are proper when those responsible for equipment selection, repairs and maintenance of playgrounds have not done their jobs. By filing an injury claim, you will help ensure that playgrounds are kept safe for our children in addition to obtaining fair compensation for your child.
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured by the negligence of others. We are experienced in defective playground cases, and we will help you and your family receive just compensation. We handle cases all over the state of New York. Contact us for a free consultation.
Accidental Injury and Sexual Offense Against Children at Schools, Camps and Other Trusted Institutions
If a child is accidentally injured because of negligent supervision by people entrusted with their care, he or she may be entitled to compensation and a parent or guardian may be entitled to compensation for medical expenses.
Schools, camps, and other places children attend must supervise and protect the safety of those entrusted to their care. These trusted institutions are supposed to anticipate dangers and take reasonable precautions to protect against them. When standards are not met because of the negligence of the adults in charge, it can cause physical injury or lifelong emotional trauma.
And sadly, it’s not always an accident. Until recently, the law did not adequately address inappropriate sexual behavior and molestation of children by perpetrators associated with trusted institutions. But new laws allow victims of childhood sexual abuse to sue until age 55 (and at any age until August of 2020).
Whether it is an accident or a personal violation, the trusted facility is legally responsible when there is proof of negligence. With accidental injury, that means proof that someone failed to take reasonable safety measures. With abusive conduct, it means proof that someone knew or should have known the perpetrator should not be trusted, but no action was taken before it was too late.
This is a simplified description of a complicated area of law. If you believe your child was injured due to the negligence of someone responsible for his or her care, or if you were the victim of sexual misconduct while attending a trusted institution, you need an experienced lawyer to evaluate the case, obtain the proof, and do what must be done to win. Our firm is fully prepared to do whatever is legally necessary to protect you and your family.
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured due to the negligence and wrongful acts of others. We handle cases all over the state of New York. Contact us for a free consultation.
When you trust a person or facility to supervise and care for your disabled family member, you and your loved one are entitled to expect that reasonable care will be taken to protect against injury. Whether the need for care is rehabilitative or involves special needs, rehabilitation facilities, day programs, residential facilities, and home care providers are required by law to have and to use the training and judgment necessary to keep disabled persons and people with special needs reasonably safe at all times. When someone that has the legal obligation to care for disabled persons or for people with special needs fails to do so responsibly, the law provides a remedy — getting that remedy often requires the right lawyer.
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of disabled individuals and those with special needs who are injured due to the negligence of the people responsible for their safety. We are experienced in cases of rehabilitation facility negligence and cases involving negligent injury to special needs individuals. We will help you obtain the compensation you deserve. We handle cases all over the state of New York. Contact us for a free consultation.
Elder care abuse and neglect can be accidental or intentional and can cause physical and emotional harm, loss of dignity, and loss of self-respect for the victim. Losses and harms suffered by our elderly impact the whole community through loss of faith in who we are as people and loss of confidence in the ability of our society to provide meaningful care for an aging population.
Elder abuse has no boundaries. It does not limit itself to the inner city, or to rural communities; elder abuse does not select its victims by race, gender or income; it hurts the vulnerable and their families who are left at the mercy of a facility that promises care and security that it fails to provide.
Nursing home negligence is often difficult to prevent or discover because the guilty party is often in a unique position to cover up their wrongdoing. Concerned family members should look for any signs of abuse, which might include bruises, cuts, bedsores, dehydration, weight loss, vomiting, depression, broken bones, soiled clothing, or bed sheets.
There are many types of abuse, neglect, and negligence, including:
- Inadequate supervision
- Unsafe buildings or grounds
- Physical neglect or abuse
- Medical neglect
- Psychological abuse
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of elderly citizens injured due to the negligence of others. If you or a loved one has suffered serious injury from a nursing home’s failure to administer professional and compassionate care, you may be entitled to compensation. You should contact us as soon as an injury is known and neglect is suspected. We are experienced in elder care abuse and neglect cases, and we will help you or your loved one receive proper compensation. The protection and well-being of your family matters to us. We handle cases all over the state of New York. Contact us for a free consultation.
Visit Where to Get Help for more information if you or a family member are a victim of elder abuse and nursing home neglect.
In 2016, the Federal Aviation Administration (FAA) reported 1335 aviation accidents, 1267 of which were general aviation accidents, including 213 fatal accidents with 386 deaths.
General aviation or private aircraft accidents represent the largest number of aviation accidents in the United States. This is primarily because smaller airplanes are particularly vulnerable to weather, poor maintenance, inadequate inspections and repairs, defective design, and human error. In fact, according to the FAA, 80 percent of airplane maintenance errors involve human factors. When left undetected, these negligent errors can result in worker injuries, wasted time, and even accidents.
Aviation authorities like the FAA, have the jurisdiction to issue orders assessing civil penalties for violations of certain aviation laws and regulations. An aviation authority can also suspend or revoke the Air-Operator Certificate of an airline. When an accident investigation cites an FAA violation, legal claims are often strengthened.
If you or a loved one has been seriously hurt in an aviation accident, you need a law firm with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped many victims of aviation accidents receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
According to the Federal Railroad Administration, on average more than 3,000 train accidents occur each year.4 It has recently been reported that a person or vehicle is hit by a train about every three hours. Almost all of these accidents involve some type of property damage and in some cases there is personal injury and death. Studies indicate that about one-third of all railroad accidents occur at crossings that don’t have sufficient warning signals and safety devices.5 Operator error is another leading cause of collisions and derailments.
If you or a loved one has been seriously hurt in a train accident, you need a law firm with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped many victims of train accidents receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
A 2010 study by the University of Michigan’s Transportation Research Institute found that approximately 63,000 buses (of all kinds) are involved in an accident each year. As a result about 14,000 people are injured and 325 are killed. The study also found that inter-city buses are 1.9 times more likely to become involved in an accident, and charter operations have “significantly higher odds of driver error” than municipal operations.6
If you or a loved one has been seriously injured in a bus accident that’s been caused by negligence, you need a lawyer with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped other victims of bus accidents receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
The U.S. Coast Guard recently reported annual statistics which showed more than 4,000 accidents that involved 626 deaths, 2,613 injuries and approximately $42 million dollars of damage to property as a result of recreational boating accidents.7 Federal regulations require a boating accident be reported under any of four circumstances:
- Someone dies
- The injuries require medical attention (beyond first aid)
- Property damage exceeds $2,000, or the vessel is lost
- A person disappears from the vessel under circumstances indicating injury or death
Most boating accidents occur because of operator inexperience or inattention, intoxication, and excessive speed. If you or a loved one has been injured in a boating accident due to the negligence of others, you need a well qualified lawyer to fight for the compensation you deserve.
At Rutberg Breslow Personal Injury Law, we are experienced in all types of boating accident cases and will help you receive just compensation for your injury or loss. We handle cases all over the state of New York. Contact us for a free consultation.
According to the Centers for Disease Control and Prevention’s 2011 Estimates of Foodborne Disease study, 1 in 6 Americans will get sick from known and unknown foodborne bacteria, viruses, and microbes each year resulting in about 128,000 hospitalizations and about 3,000 deaths.9 Every year, approximately 42,000 new cases of salmonella are reported in the United States. The medical cost and lost wages are estimated at over $2 billion per year.
The actual number of infections may be much higher because many milder cases are not diagnosed or reported. Children are the most likely to get salmonellosis, and the rate of diagnosed infections in children less than five years old is higher than the rate in all other persons. Young children, the elderly, and those with compromised immune systems are the most likely to have severe infections. It is estimated that approximately 450 persons die each year with acute salmonellosis.10
There are over 250 food borne illnesses. Most of these diseases are infections, caused by a variety of bacteria, viruses, and parasites that can be foodborne.11 The most common include E. coli O157, salmonella, hepatitis A, and listeria. Each of these can be contracted through the consumption of contaminated food or beverages from restaurants or grocery stores. The first indications that you’ve been infected are nausea and abdominal cramps, usually followed by vomiting and diarrhea.
Food poisoning generally results from the negligent handling or negligent preparation of foods. It occurs most often in restaurants, but the improper handling of foods in bulk processing environments, such as production lines and supermarkets, is also a common source of food poisoning. In many instances, it can be difficult to discover where the victim was infected, and equally difficult to prove the guilty establishment was responsible.
The many facets of food poisoning make it a complicated subject in litigation, requiring thorough investigation, detailed scientific analysis, and effective presentation in court. At Rutberg Breslow Personal Injury Law, our experienced team of personal injury lawyers works aggressively on behalf of food poisoning victims. We handle cases all over the state of New York. Contact us for a free consultation.
A study completed in 2003 indicated there were a total of 225 major building failures in the United States from 1989 to 2000. Low-rise buildings constituted about 63% of all cases, followed by multi-story buildings. According to the study, apartments are the most frequent to fail.12
Some building failures are caused by unavoidable natural events such as hurricanes and earthquakes, but many are caused by human negligence such as vehicular impact, substandard construction, and poor maintenance. Substandard construction includes improper renovation, poorly planned demolition, poor workmanship, unsafe excavation, and unsafe blasting operations. Maintenance deficiencies are associated with building deterioration that is overlooked or improperly addressed.
Structural failures may involve entire buildings or sections of buildings, but also include parts of buildings such as stairways, railings, decks, and floors that fail.
If you or a loved one has been injured by structural failure caused by negligence, you need a lawyer with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped many victims of structural failure receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
Swimming pools can be a lot of fun, but when they’re not properly designed, maintained, and operated, they can be deadly. Over 3,000 people in the United States drown accidentally every year. More than 1 in 4 fatal drowning victims are children 14 and younger. For every child that dies, another three receive emergency department care for submersion injuries. In fact, drowning is the leading cause of accidental death among small children (1 to 4 years of age) and the second leading cause of death (after motor vehicle accidents) among children 1 to 14 years old.13
All too many drownings occur in places where supervision and lifeguard protection is supposed to be provided such as camps, beaches, and municipal pools. Unfortunately, negligence on the part of those in charge is often a cause. When we investigate such cases, we often find that adequate safety measures, clear emergency procedures, proper lifeguard training, and proper safety equipment were absent.
According to the New York State Department of Health:14
- 52% of all drownings were the result of improper supervision. Of those, 79% were the result of lifeguard error such as improper positioning, distractions, inadequate training, or not having enough lifeguards on duty
- 22% of all drownings were the result of environmental problems such as water clarity, sun glare, and water depth
- There is a high incidence of drownings that occur when low numbers of bathers are present (28% occur with less than 10 bathers)
- More than 50% of drownings occur in water less than 5 feet in depth
At Rutberg Breslow Personal Injury Law, we work hard on behalf of those injured due to the negligence of others. We are experienced in negligent drowning cases and we will help you receive fair compensation. We handle cases all over the state of New York. Contact us for a free consultation.
Roads and highways that are below standards for safety cause thousands of accidents every year.15 Federal, state, and local municipalities are obligated to design and maintain safe thoroughfares. Unfortunately, this is not always the case. In many situations, unsafe design or insufficient maintenance leads to serious accidents. Common situations of defective highways involve:
- Failure to correct dangerous roadway conditions
- Failure to remove obstacles that obstruct traffic
- Failure to maintain speed limit and warning signs
- Failure to correct visual impediments such as overgrown trees
- Failure to resurface worn and broken roadway surfaces
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured by the negligence of others. If you have been injured because of a defective road or highway, we are experienced in those types of cases and will help you receive just compensation. We handle cases all over the state of New York. Contact us for a free consultation.
Based on data collected over a twelve-year period, electrocution was found to be the fifth leading cause of occupational injury death in the U.S.2, particularly to those working routinely in close proximity to electrical sources. Improper safety training for workers may be a contributing factor in these injuries.
According to data obtained from the Bureau of Labor Statistics Census of Fatal Occupational Injuries, it has been found that the highest proportion of fatal occupational electrocutions have occurred among those working in the electrical trades in the construction and manufacturing industries. It’s also been found that the majority of electrocution deaths occurred among those aged 20-34.3
If you or a loved one has been significantly injured through electrocution, you need a lawyer with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped many other victims of electrocution receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
Hotels are responsible for using reasonable care in operating the business and ensuring the safety of guests. Dangerous conditions must be quickly repaired. Reasonable steps must be taken to protect the safety and security of guests from unsafe conditions that can be known or expected due to the nature of the business or location of the hotel.
Some of the common hotel obligations include a responsibility to maintain suitable lighting, keep steps dry and unobstructed, keep elevators in good working order, maintain proper security in and around the building, adequately train swimming pool staff, and provide reasonable warning of unsafe conditions that have not yet been repaired.
If you or a loved one has been significantly injured by unsafe conditions at a hotel, you need a lawyer with expertise in those types of cases. Rutberg Breslow Personal Injury Law has helped other victims of hotel negligence receive the compensation they deserve. We handle cases all over the state of New York. Contact us for a free consultation.
At Rutberg Breslow Personal Injury Law, we work hard on the behalf of those injured by the negligence of others. If you have been injured by the incompetence or misconduct of someone claiming to be a professional or an expert in a particular field (known as professional malpractice or professional negligence), we are experienced in those types of cases and will help you receive monetary compensation. We handle cases all over the state of New York. Contact us for a free consultation.
Each year new medical devices are approved by the U.S. Food and Drug Administration (FDA). Although deemed “safe,” these devices can often lead to complications which at times manufacturers’ knew could arise but elected not to inform the public.
Life threatening medical conditions, painful surgery, substantial pain and suffering, and wrongful death can result when a manufacturer fails to warn the public of grave side effects linked to their devices, or when a manufacturer distributes a defective device.
At Rutberg Breslow Personal Injury Law, we handle cases of serious injury and wrongful death throughout New York State. In cases involving a dangerous medical device in what is commonly known as a ‘class action”, we team up with a firm focusing on that particular medical device so that together, our professional teams give your case the attention it deserves. Whether we handle a case ourselves or with our “class action” team, we are here to help you receive proper compensation for your injury or the loss of a loved one. Contact us for a free consultation.
Below are some of the most common defective medical device cases we are working on:
These devices, intended to stop blood clot migration for short-term use only, are rarely removed. These filters break, perforate organs, and migrate throughout the body at alarming rates. Fragmented pieces are extremely difficult to locate and nearly impossible to remove from the body. Bard and Cook filters are the most common.
Patients have reported and continue to report extremely high rates of hernia recurrence, as well as the need for revision surgery. There are many different types and brands which we are investigating.
Women have reported that transvaginal or pelvic mesh can erode, contract, or fail in other ways, leading to vaginal tightening/shortening, infection, tremendous pain, and the recurrence of prolapsed organs. Of the many manufacturers which produce this device, Ethicon, Boston Scientific, Bard, AMS, and Coloplast are the largest producers.
Metal-on-Metal Knee Implants
Patients have reported complications from the loosening of the tibial plate, often requiring revision surgery. We are currently looking at cases involving Zimmer and Depuy Knees.
Metal-on-Metal Hip Implants
These hip implants can loosen over time and fail, thus requiring revision surgery. Daily wear in which metal components rub against each other results in metal debris that can poison the body – a condition known as metallosis, which can in turn lead to the deterioration of the bone or tissue as well as the formation of cysts. We continue to get calls of Stryker, ASR, Pinnacle, Biomet and Zimmer hip failures.
Bair Hugger Warming Blanket
Patients who used the blanket post-surgery have reported contracting a severe, antibiotic-resistant bacterial infection. 3M Co. manufactures this device.
Women have reported that these devices tend to break, perforate organs, and move throughout the body. Women have also reported severe allergic reactions, bleeding, and chronic pain. Essure and Mirena are some of the devices we are handling.
All drugs have side effects. When they are properly disclosed, patients can make well informed decisions weighing the risks and benefits. When side effects are not disclosed, we are stripped of that ability. If you were injured by a dangerous drug you may be entitled to compensation.
At Ruberg Breslow Personal Injury Law, we handle cases of serious injury and wrongful death throughout New York State. In cases involving a dangerous drug in what is commonly known as a ‘class action”, we team up with a firm focusing on that particular drug, so that together, our professional teams give your case the attention it deserves. Whether we handle a case ourselves or with our “class action” team, we are here to help you receive proper compensation for your injury or the loss of a loved one. Contact us for a free consultation.
Below are just some of the dangerous drug cases we are working on:
Associated with enteropathy, a disease of the intestine leading to severe diarrhea.
Can cause internal bleeding.
Associated with internal bleeding.
Found to be associated with liver injury and internal bleeding.
May cause alopecia, or permanent hair loss, in some patients. Manufacturer is accused of hiding this fact from the public.
This class of drugs is associated with bone fracture, kidney disease and failure, cardiovascular injuries and failure, as well as ketoacidosis, a serious condition in which the blood becomes poisoned by ketones.
Drug class found to be associated with heart failure and pancreatic cancer.
This drug class is associated with cardiovascular injuries and failure, chronic kidney disease and failure, dementia, and acute interstitial nephritis AIN, the inflammation of tissues and tubes around the kidneys.