Month: June 2014

Many New Yorkers have experienced a slip and fall and know that it’s no laughing matter. Depending on how a person falls, he or she can suffer broken bones, back and neck injuries and head trauma. These injuries can cause permanent damage to one’s body. A woman alleges that she suffered permanent injuries after falling in a local department store.

The West Virginia woman is suing Ollie’s Bargain Outlet Inc. for the slip-and-fall injuries she suffered while shopping there in June 2013. The exact amount of money she is seeking is unknown, but she hopes to be adequately compensated for past and future medical expenses as well as court costs.

During her visit to the store, the woman required assistance hauling a large truck. An employee placed the truck on a cart and while pushing it, he stopped suddenly. The abrupt stop caused the customer, who was walking behind the cart, to slip and fall. The incident caused serious injuries that will require lifelong medical treatment.

In most slip and fall cases, a person slips on water, debris or other slippery substance. In this case, however, a woman was walking behind an employee pushing a cart. Is the store still at fault simply because the employee stopped — possibly to avoid hitting a customer or display in the store?

Most likely, yes, the store can still be held liable for the customer’s injuries. Store owners and employees have a duty to keep customers safe while they are on their premises. They must always be aware of potentially dangerous conditions and ensure that the safety of the employee is the top priority.

Source: The West Virginia Record, “Woman files slip-and-fall suit against Ollie’s” Melody Dareing, Jun. 24, 2014

Woman sues for premises liability, other claims after monkey bite

When you visit a tourist attraction, you do so believing that the premises are safe. Unfortunately, that is not always the case. Our New York readers may be interested in this premises liability lawsuit occurring in another state.

On June 17, 2012, a woman was visiting a tourist attraction that consisted of several entertainment choices, as well as lodging. Part of the attraction is a rain forest exhibit. According to the lawsuit, the woman was scratched and bitten by two cotton-top tamarin monkeys.

The lawsuit states that the “plaintiff did nothing to provoke the attack and has suffered and continues to suffer significant physical and emotional pain and suffering…” However, the animal husbandry manager of the attraction says that the woman likely tried to grab one of the monkeys, getting too close. An alleged witness told police that he or she saw the woman grab for the monkey. The animal husbandry manager made statements to this effect in an interview with a local television station.

The woman is seeking punitive damages for negligent handling of an animal, premises liability and defamation. She also wants reimbursement for her medical expenses, which she states have amounted to about $20,000.

Premises liability cases can hold a negligent property owner, manager or others responsible for injuries that occur while on the property. Accidents might include slip-and-falls, escalator and elevator accidents or animal bites. As an injured party, you have a right to seek compensation through civil court. It’s important to know your rights, and an experienced New York premises liability attorney can provide advice and guidance in such matters.

Source: Courthouse News, “Woman Sues Theme Park for Monkey Bites” Cameron Langford, Jun. 18, 2014

Fire in New York traps firefighters, takes life of 1 resident

An apartment fire in Brooklyn, New York, took one life and left three others with injuries before firefighters were able to get it under control. The fire took place in the Unity Plaza Houses, which are run by the city. The six-story building, which is located on Georgia Avenue, started to burn sometime around three in the morning.

The fire quickly roared through an apartment on the second floor, and some residents were trapped on that floor. Two of them had been overcome by smoke, and they were unconscious.

Things quickly went from bad to worse when firefighters arrived, however. Some of the firefighters, who were with Ladder 103, hurried inside the building to save those who were trapped. Part of the ceiling fell down on them, though, and the firefighters also were trapped in the burning apartment complex.

One of the residents searched through the smoke for his sons and his aunt. He was able to find his boys and help them escape through a fire escape, but he was unable to get to his aunt in time. She passed away from her injuries. One of her friends, who was also on the second floor, jumped out of a window. That friend is listed as being in critical condition.

While the cause of the fire is still officially unknown, one person speculated that it could have been an electrical fire, pointing out how fast it had moved through the building.

In any case like this, determining the cause of the fire is very important for those who were injured, seeing as how they may have claim to compensation for medical bills after the fire. To determine their course of action, they need to know if the owners of the building are responsible or if there was another reason for the fire, such as arson or an accident caused by a resident.

Source: WABC, “East New York fire leaves 1 dead, 3 others hurt” Tim Fleischer, Jun. 02, 2014