Anthony H. Gair

Attorney Profile

Top Rated Personal Injury Attorney in New York, NY

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
 | 80 Pine Street, 34th Floor
New York, NY 10005
Phone: 212-943-1090
Selected to Super Lawyers: 2006 - 2017
Licensed Since: 1980
Practice Areas:
  • Personal Injury - General: Plaintiff (50%),
  • Construction Litigation: Consumer (30%),
  • Personal Injury - Products: Plaintiff (20%)
Attorney Profile

Attorney Anthony H. Gair is partner in the New York personal injury firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. With many multimillion-dollar awards and settlements to his credit, Mr. Gair focuses on cases involving personal injury in New York such as those resulting from construction accidents, defective products, medical malpractice and automobile accidents. Regarded as one of New York City's most respected personal injury attorneys, he also enjoys a national reputation in the area of civil rights litigation in connection with police misconduct.

Mr. Gair speaks and writes extensively on issues from construction accident law, to medical malpractice; the prosecution of personal injury cases to the current state of the law. He has appeared as an expert legal commentator on every major television network and on many radio shows. His legal opinions have also been featured in various newspapers, including The New York Times, the Daily News and the New York Post.

Mr. Gair has earned the highest rating possible of AV Preeminent* from Martindale-Hubbell. In 2016 he was recognized By Martindale-Hubbell as being rated AV Preeminent for 25 years(1991-2016). He holds an Avvo "Superb" rating. He was selected as Best Lawyers-Lawyer of the year, Product Liability Litigation-New York by Best Lawyers, 2011.  He has been recognized by his peers for inclusion in The Best Lawyers in America and New York Magazine's Best Lawyers in New York since 2007. He is also honored to have been chosen to be listed in Wikipedia as a nationally prominent Attorney.

* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (50%): Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Construction Accident, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff

Construction Litigation (30%): Construction Defects

Personal Injury - Products (20%): Motor Vehicle Defects, Medical Devices, Products Liability

Focus Areas

Personal Injury - General: Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Construction Accident, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff

Construction Litigation: Construction Defects

Personal Injury - Products: Motor Vehicle Defects, Medical Devices, Products Liability

Selections

Selected to Super Lawyers for 12 yearsbottom-image

Super Lawyers: 2006 - 2017

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About Anthony Gair

Admitted: 1980, New York

Professional Webpage: www.gairgair.com/anthony-h-gair.html

Honors and Awards:

  • Anthony Gair has been recognized by America's Top 100 Attorneys as one of the top 100 attorneys, all practices included, in New York State, America's Top 100 Attorneys, 2016
  • Best Lawyers-Lawyer of the Year, Product Liability Litigation-New York., Best Lawyers, 2011
  • Listed in The Best Lawyers in America, 2007 - 2017
  • Lifetime Member-The Global Directory of Who's Who
  • Member, The Law Dragon Top 500 Attorneys in The United States
  • Recipient, American Jurisprudence Award in Criminal Procedure and Constitutional Law
  • Recipient, New York State Trial Lawyers Civil Justice Honor Award, 2006

Bar/Professional Activity:

  • Life Member-Scribes The American Society of Legal Writers
  • Pound Civil Justice Institute-Supporting Fellow
  • Bronx County Bar Association 
  • Lifetime Member, Member, Medical Malpractice Panel, Supreme Court, Kings County, 1985-1991
  • Life Time Member, New York Women's Bar Association
  • Fellow, Foundation of the American Board of Trial Advocates
  • U.S. District Court Eastern District of New York, 1980
  • U.S. District Court Southern District of New York, 1980
  • New York, 1980
  • Member, Best Lawyers Board of Advisors
  • Member, Board of Directors, Thomas M. Cooley Law School, 1992 - 2004
  • New York County Lawyers Association
  • American Bar Association
  • New York State Bar Association
  • Member, Products Liability Committee, The Association of the Bar of The City of New York, 1994-1996
  • Member, Judiciary Committee, The New York State Trial Lawyers Association, 2006 - present
  • The American Board of Trial Advocates
  • Member, Best Lawyers Advisory Board
  • American Association for Justice

Pro bono/Community Service:

  • Member, Board of Directors, Thomas M. Cooley Law School, 1992-2004
  • Member, Board of Directors, Long Island University Alumni Association, 1983

Scholarly Lectures and Writings:

  • In this article, Gair discusses the preparation of a New York Product Liability case from a plaintiff's perspective. Specifically Gair covers the cost, the time and putting it together, the direct and cross-examination of the experts, the demonstrative evidence and the handling of the jury., NEW YORK PRODUCT LIABILITY: PREPARATION OF THE PLAINTIFF’S CASE, 2013
  • Anthony Gair speaks on trial of the Plaintiff's Case, including, cost, time and putting it together, choosing the liability expert, direct and cross-examination of experts, demonstrative evidence and handling the jury. For a video of this presentation see videos, below., Speaker, LITIGATING THE PRODUCTS LIABILITY CASE:LAW AND PRACTICE, New York State Bar Association, 2013
  • A review of the recalcitrant woker defense in an action pursuant to New York Labor Law Section 240(1), Author, New York Construction Accident Law-The History of and Current State of The Recalcitrant Worker Defense, New York Personal Injury Attorneys Blog, 2013
  •  Resolution of whether a plaintiff has a viable action pursuant to 42 U.S.C. §1983 turns on whether the applicable state statute is inconsistent with the Constitution and laws of the United States; Robinson v. Wegman, 436 U.S. 584, 98 S. Ct. 1991 (1978) citing 42 U.S.C. §1988. New York Personal Injury Attorneys Blog., DAMAGES FOR LOSS OF LIFE IN A NEW YORK WRONGFUL DEATH ACTION FOR VIOLATION OF CIVIL RIGHTS BROUGHT PURSUANT TO 42 U.S.C. §1983 , 2012
  • In this article posted on New York Personal Injury Attorneys Blog Gair discusses 14 basic rules for prepaing the plaintiff for a deposition in a personal injury case., New York Personal Injury Litigation-Preparing The Plaintiff For Deposition In A Car Accident Case , 2012
  •  Co-Author with Howard S. Hershenhorn and Christopher L. Sallay: “The Law of Construction SiteAccidents- Labor Law Section 240,"New York State Bar Association.  , 2012
  • This article posted on New York Personal Injury Attorneys Blog discusses Wilinski v. 334 East 92nd Housing Development Fund Corp., 18 N.Y.3d 1, 935 N.Y.S.2d 551 (Ct. Apps. 2011) in which The New York Court of Appeals rejected The Same Level Rule first enunciated by The Court in Misseritti v. Mark IV Constr. Co., 86 NY2d 487, 657 N.E.2d 1318, 634 N.Y.S.2d 35 [1995]. The Rule precluded recovery under Labor Law §240(1) where a worker sustained an injury caused by a falling object whose base stood at the same level as the worker., New York Construction Accident Law: ELEVATION RELATED DIFFERENTIALS AND THE REJECTION OF THE SAME LEVEL RULE , 2012
  • Speaker,Building a Winning Case: The Law of Construction Site Accidents,LawLine A brief history of NY Labor Law Section 240,   Explore the current precedent & notable departures from precedent,   Understand the proximate cause defense,   Grasp issues related  to falls from a height & falling objects,   Discuss elevation related differentials, 2012
  • Author, "Use Of The Principles Of Safety Design Engineering In a New York Personal Injury Case Based On Negligent Product Design, New York Personal Injury Attorneys Blog., Use Of The Principles Of Safety Design Engineering In a New York Personal Injury Case Based On Negligent Product Design , 2011
  • In products liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff’s culpable conduct which caused the accident and resulting injury.   Given this fact, the jury must be taught that such misuses were reasonably foreseeable and that the manufacturer knew or should have known that users of products are people and that people can make mistakes which must be guarded and warned against. New York Personal Injury Attorneys Blog, co-auhtor, NEW YORK PRODUCTS LIABILITY-DEFECTIVE PRODUCT DESIGN, 2009
  • Recalictrant Worker and Sole Proximate Cause-The Current State of Labor Law Section 240, Co-Author, New York State Bar Association Trial Lawyers Section Digest, 2008
  • Co-Author with Rhonda Kay,Culpable Conduct/Comparative Fault Issues as Applicable to a Products Liability Case, Products Liability in New York, Strategy and Practice, 2nd Edition, New York State Bar Association , 2012.
  • Contributing Author and Lecturer, "Construction Site Accidents: The Law and the Trial," New York State Bar Association, 2007, 2008, 2011,2012.
  • Chemotherapy, Failure to Properly Treat Extravasation of Doxorubicin, Medical Malpractice Law and Strategy, Vol. XVIII, No.10, August 2000
  • Contributing Author and Lecturer, "Construction Site Accidents, New York State Bar Association, 2009, 2010
  • Co-Author with Howard S. Hershenhorn and Christopher L. Sallay, "Recalcitrant Worker and Sole Proximate Cause-The Current State of Labor Law Section 240", New York State Bar Association, Trial Lawyers Section Digest, Fall 2008/NO.57
  • Contributing Author and Lecturer, "Personal Injury Litigation-Workplace Related Injuries," New York State Bar Association, 1993
  • Co-Chair, New York, "Sweating the Small Stuff - The Basics of Motions, Objections and Discovery," New York State Bar Association, 2000
  • Overall Planning Co-Chair, "Do or Die: The Vital Aspects of Your Case," New York State Bar Association, 2001
  • Co-Author with Rhonda Kay, "Culpable Conduct/Comparative Fault Issues as Applicable to a Products Liability Case," in Products Liability in New York, Strategy and Practice, New York State Bar Association, 1997
  • Contributing Author, "Personal Injury Litigation Under the Safe Place to Work Statutes," New York State Bar Association, 1991
  • Co-Author, with Warren J. Willinger, "Obtaining Surveillance Films in Personal Injury Cases," Trial Lawyers Quarterly, 20:4
  • "New Frontier in Products Liability," New York Law Journal, September 16, 1996
  • "Preparing Plaintiff's Expert in the Post Kuhmo Era," New York State Bar Association, 1999
  • Co-Author with Howard S. Hershenhorn, "Combat Culpable Conduct Defense by the Defendant's Design Engineer," in Leader's Product Liability Law and Strategy, Vol. XVII, No. 12, June 1999
  • "Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient," Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March, 1999
  • Contributing Author, "Controversies in Surgery," Vol. 4, Springer-Verlag, 2001
  • Cosmetic Surgical Malpractice: Loss of Vision following Blepharoplasty, Medical Malpractice Law and Strategy, 2000
  • Prosecuting a Case of Failure to Diagnose Compartment Syndrome, Medical Malpractice Law and Strategy, Vol. XV, No. 12, October 1998
  • Culpable Conduct/Comparative Fault Issues as Applicable to a Products Liability Case, Products Liability in New York, Strategy and Practice, New York State Bar Association, 1997
  • Personal Injury Litigation-Workplace Related Injuries, New York State Bar Association
  • New Frontier in Products Liability, New York Law Journal, September 16, 1996
  • Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient, Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March 1999
  • Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery, Medical Malpractice Law & Strategy, Vol. XVIII, No. 9, 2001
  • Proving Dental Malpractice in a Case of Osteoradionecrosis Following Tooth Extraction, Medical Malpractice Law & Strategy Vol. XIX, No.8, June 2002
  • Presentation of Damages in a Personal Injury Case - The Plaintiff's Perspective, New York State Bar Association, Trial Lawyers Section Digest, 2002
  • Proving Medical Malpractice by a Physician Who Performs Elective Plastic Surgery, Medical Malpractice Law and Strategy, Vol. XX, No. 2, December 2002
  • Speaker, Taking a Meaningful Deposition-Basics of Handling an Auto Accident Case, New York State Bar Association, Torts, Insurance and Compensation Law Section, Spring 2012
  • Co-Author with Howard S. Hershenhorn and Christopher L. Sallay: "The Law of Construction Site Accidents-Do You Have a Case?," New York State Bar Association, 2011
  • Author, "Taking a Meaningful Deposition," Basics of Handling an Auto Accident Case, New York State Bar Association, Torts, Insurance and Compensation Law Section, Spring 2012

Verdicts and Settlements:

  • $5,850,000.00 for construction worker injured when he fell through a defective roof., 2017
  • $5,000,000.00 recovery for pedestrian struck by van while attempting to cross street causing multiple injuries which required surgery., 2016
  • $1,400,000.00 recovery for woman struck by bus while riding Bicycle sutaining fractures requiring surgery., 2016
  • $1,000,000 in a New York Product Liability case for a man who had two fingers severed in a panel cutting machine
  • $1,725,000.00 settlement on eve of trial for elevator passenger who was in elevator which free fell causing a sudden stop resulting in serious ankle fracture requiring surgery.
  • See Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf Web Site; http://www.gairgair.com/index.html
  • $700,000 in a New York Product Liability Case against a foreign tire manufacturer for the wrongful death of an older unemployed Brooklyn man
  • $1,000,000 recovery in a New York medical malpractice case for failure to diagnose Crohn's Disease
  • $1,200,000 recovery in a New York Construction Accident case for a man who fractured his heel when a scaffold at a construction site collapsed
  • $1,200,000 settlement in an automobile accident case on behalf of a Staten Island motorcyclist who sustained serious foot injuries when he was struck by a vehicle making an unsafe left-hand turn
  • $1,250,000 recovery for a man in an automobile accident case who suffered leg fractures when struck by a car while riding his motorcycle
  • $1,400,000 settlement on behalf of a New York construction worker injured when the glass roof of a greenhouse he was installing collapsed causing him to fall to the ground
  • $1,500,000 in a New York truck accident case against a manufacturer when its truck struck a young student crossing a street in Jersey City
  • $1,500,000 settlement in an automobile accident case for a woman who sustained serious injuries to her hand in Suffolk County when her vehicle was rear-ended by an asphalt truck whose brakes failed due to the company's failure to maintain them properly
  • $1,570,000 recovery for a woman who suffered serious injuries in an automobile accident. Although there was only $ 500,000 in Auto Insurance 1,000,000 was paid on a homeowner's policy as a result of proof of an improper disclaimer
  • $1,850,000 recovery in a New York medical malpractice case for the death of a single man for failure to diagnose malfunction of a ventricular peritoneal shunt
  • $2,050,000 recovery in a New York car accident case for a pedestrian who suffered spinal injury and surgery
  • $2,200,000 recovery for the wrongful death of a New York construction worker who was killed when he was crushed by a descending construction hoist
  • $2,450,000 settlement in a New York Medical Malpractice case for the family of a Westchester County man who died as a result of a medical group's malpractice in failing to timely diagnosis and treat his heart condition which led to a fatal heart attack
  • $2,500,000 settlement on behalf of a sheet-metal worker who sustained a crushed pelvis when the unsecured arm of a sign that was being hoisted became dislodged and struck him
  • $2,600,000 recovery in an automobile accident case for the death of a man struck by a car while sitting in a restaurant when the car crashed through the window
  • $2,750,000 settlement in a New York medical malpractice action on behalf of an elderly Queens woman whose doctors failed to properly provide anticoagulation therapy following a hip surgery which resulted in an ischemic stroke leaving her partially paralyzed and unable to speak
  • $2,975,000 recovery for a New York construction worker who suffered a serious injury to his foot requiring multiple surgeries while riding on a muck tram in a subway tunnel which struck a wall
  • $2,975,000 settlement for the wrongful death of a New York construction worker who was killed when a 3000-pound concrete wall panel fell on him when the hoist securing the wall panel broke because it was insufficient to support the weight
  • $3,000,000 recovery in a New York Medical Malpractice case for an 18 year old girl who lost her leg as a result of a physician's malpractice in failing to diagnose a pseudoaneurism of the popliteal artery following an ACL repair. This was the full amount of insurance coverage
  • $3,000,000 settlement on behalf of the family of Amadou Diallo, which is believed to be the largest settlement ever under New York State's wrongful-death statute for a victim who earned less than $ 10,000 and had no dependents
  • $3,075,000 settlement on behalf of several children injured when a hayride went out of control and flipped over
  • $3,975,000 settlement in a New York Construction Accident case on behalf of a construction worker injured pursuant to the New York State Labor Law when he fell off of a slippery dump truck ladder and was impaled on vertical rebar left uncapped at a construction site
  • $4,000,000 recovery in a New York medical malpractice case for the failure to diagnose a an epidural hematoma causing brain damage
  • $4,250,000 settlement in a New York Medical Malpractice case on behalf of a Queens man who sustained brain damage due to medical malpractice committed by an anesthesiologist while he was undergoing surgery for sleep apnea
  • $4,997,986 settlement on behalf of a Manhattan resident who sustained brain damage when a chain-link security fence fell off the roof of a five-story building and struck him on the head while he was walking down the street
  • $5,000,000 recovery in a New York Construction Accident case for a man who suffered brain injury when he fell from a ladder at a construction site. The recovery included an agreement for workers compensation payments to continue despite the settlement
  • $5,800,000 recovery for a New York construction worker who suffered a brain injury when a Hi-Lo struck a scaffold upon which he was working causing the scaffold to fall over
  • $6,000,000 settlement for the family of a Westchester County man who was killed in an automobile accident when a drunk driver struck a stopped Police car resulting in an explosion and fire
  • $8,000,000 settlement on behalf of an 18-year old boy in a New York medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy’s liver functions despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver functions, the plaintiff sustained complete liver failure requiring a liver transplant and a hepatic encephalopathy resulting in brain damage

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Educational Background:

  • Long Island University, B.A., 1971
  • New York University School of Law, LL.M., 1985
  • Thomas M. Cooley Law School, J.D., cum laude, 1980

Industry Groups

  • Law
  • Office Location for Anthony H. Gair

    80 Pine Street
    34th Floor
    New York, NY 10005

    Phone: 212-943-1090

     

    Anthony H. Gair:

    Last Updated: 5/10/2017

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