Month: May 2014

Back in 2008, a woman from Vermont went with her family and some of their friends to Ticonderoga, New York, in order to watch the Fourth of July fireworks. They had been camping prior to the show. According to reports, 1,075 fireworks were used during the show, but the display did not go as planned.

The problem occurred when one of the fireworks that had been dropped into a mortar tube exploded without ever leaving the tube. This did not injure the woman, but it did knock one of the other tubes out of position so that it was aimed at the crowd. When the mortar from the tube fired, it slammed into a cooler that someone had brought and blew up.

The woman moved quickly to try to help her daughter and her friend in an attempt to protect them. However, her hand ended up slipping on the grass. Something in her hand popped, and she felt the injury right away. It was later determined that she had a torn collateral ligament.

The woman then filed lawsuits for both product liability and negligence. This was tossed out at first, but the Third Department New York Appellate Division, which is based in Albany, recently ruled that she could keep pursuing the negligence claim if she so desired. This opens the door for her to get compensation for her surgery.

This case shows that those who are injured may have a right to a premises liability lawsuit, even if they are in an outdoor, public area, depending on whether or not it can be shown that negligence was the reason for an injury in that area.

Source: Courthouse News Service, “Woman Can Pursue Fireworks Injury Claim” Jeff D. Gorman, May. 28, 2014

Police officer injured in fire released from New York hospital

A deadly fire took the life of one New York police officer in April, and it put another one in the hospital. That officer was recently released from Weill Cornell Medical Center. She was proudly wearing her police jacket at the time, though she was riding in a wheelchair and breathing with the assistance of a oxygen tank.

There was much fanfare as she left. Other officers had come, and they clapped and cheered as she left the medical facility. Bagpipes could be heard, playing a song to celebrate her recovery. Also in attendance were both Mayor Bill de Blasio and Bill Bratton, the New York Police commissioner.

The woman, who thanked the crowd as they cheered for her, had fought significant injuries. She was in the hospital for around a month, recovering. When she first got there, she spent an entire four days in a coma.

Back in the beginning of April, when she was first brought to the Weill Cornell burn center, one of the officials would not give her any more than a 50 percent chance to live through the ordeal. Her partner, who also inhaled too much smoke and was overcome while responding to the call, lived for only a few days before passing away.

According to reports, the 16-year-old who decided to start the fire by burning a mattress said that he was feeling bored, which led him to set the blaze in a housing project. That teenager is now waiting for his trial, having been charged with murder.

Anyone who has been injured in a fire needs to know their rights when it comes to negligence and liability. Even if it is clear who started the fire, a case could still have significant grounds for a lawsuit if those who were injured in the fire show that negligence — such as missing or non-functional fire alarms — contributed to the injuries.

Source: Oneida Daily Dispatch, “NYC police officer badly hurt in fire leaves hospital” Verna Dobnik, May. 20, 2014

Slip and fall accident in New York leads to funeral

A funeral was held recently for Mark Shand, who passed away while in New York City. He was in Manhattan, at the Rose Bar, which is connected to the Gramercy Park Hotel. He slipped and fell, striking his his head against the pavement. The injuries were too severe, and he passed away from them.

He had been at a charity event before the fall and subsequent injury took place. He was the brother to Camilla Parker Bowles, who is the Dutchess of Cornwall. She is married to Prince Charles. She attended the funeral, which took place in Dorset, at the Holy Trinity Church. The ceremony itself was held on the first of May.

The fatal injury to Mr. Shand took place on the 23rd of April, in 2014. The man, who was involved in campaigns for the environment, was 62 years old when he died.

Slip-and-fall accidents can be tricky for those who own buildings where they take place, as it could be shown, in some cases, that the owner of the building was responsible for the accident. The owners have certain obligations, most of which revolve around doing what they can to reduce the risk of accidents by doing things like placing signs and doing maintenance.

If anyone is injured in a slip and fall accident or loses a loved one as a result of a fall, they should know what legal rights and options they have. While all cases are different, depending on who the police decide is responsible in their investigation, they could be able to get monetary compensation for damages and even the loss of a person’s life.

Source: New York Daily News, “Camilla Parker Bowles says emotional farewell to brother Mark Shand” No author given, May. 02, 2014

Some neighborhoods in New York are hindered in their development and upkeep by landlords who are not there, according to a new report, but new proposals could seek to combat these negligent homeowners. The issue stems from the fact that many homeowners in the area are proud of the houses that they own and the neighborhoods that they live in, and they no longer want to see property values held back because people who live elsewhere are not making repairs.

In the past, fines had been given to negligent landlords. However, some people felt that these did not go far enough. They were compared to a slap on the wrist, something that would not really force any action.

The new proposal would make it so that the outstanding money that was owed because of the fines could be looked at in the same way that a tax lien would be treated. If landlords did not pay, foreclosures could eventually take the homes away from them. The hope seems to be that this looming possibility would make landlords more likely to take better care of the properties.

When it comes to negligent maintenance and premises liability, those living in homes that have not been properly maintained, like the ones that are targeted by this new legislature, could have a case if they have been injured as a result of the lack of upkeep. They should also keep an eye on this proposal. If it passes and a landlord goes through a foreclosure due to negligence, that fact could be used in a court case after an injury.

Source: Buffalo Rising, “Legislative effort at state-level inspired by Buffalo’s Project Slumlord” No author given, May. 01, 2014

Officer’s death could lead to reformed policies in New York

A police officer in New York City died while responding to a fire. He got there before the firefighters, and he tried to help those who were in the residence. However, the smoke overcame him, and he passed away after battling for his life for three days in a hospital. This event took place on April 6.

Now, the officer’s death could have a large impact on the way that police policies are set up. Not having a policy of their own for this type of a situation, the New York City Police Department talked to other police departments to find out what they had written down. What they discovered is that fire response policies were lacking in multiple departments, not just the NYPD.

The departments are now considering amending policies that exist or putting them into place if they do not, citing the need for training for police officers. Some departments tell officers to be careful if they go into a burning building, but they do not necessarily train them in the way that they should proceed.

While many are interested, some departments are not as convinced that change is needed. The police department in Los Angeles is not planning on making any adjustments. According to reports, not a single officer has been seriously hurt on a fire response call in 30 years.

While emergency responders are covered under workers’ compensation for medical expenses, lost wages and other damages resulting from a fire, the layperson is not. A property owner who is found negligent in preventing a fire could be held liable in a civil action for a variety of damages and losses.

Source: The Wall Street Journal, “New York City Police Death at Fire Spurs Policy Change” Pervaiz Shallwani, Apr. 22, 2014