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Month: August 2014

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Premises Liability Claim Involving Negligent Maintenance in NYC

Negligent maintenance in a premises liability lawsuit

A number of injuries can occur when a property owner does not take care of the building or surrounding property. Some of these injuries can even lead to fatalities in the worst of incidents. Property owners — from individuals to government entities — are required to keep their buildings and lands safe for tenants, customers, visitors and in some cases, even for those who are on the property illegally.

We understand how difficult it can be to cope with an injury caused by someone’s negligence. When an injury or death occurs because of negligent maintenance, the property owner, management company or others could be held liable in a premises liability lawsuit. Some examples of negligent maintenance include:

— Steps that have uneven heights

— Walking surfaces that are wet or otherwise slippery

— Inadequate lighting

— Handrails or railings that are loose or non-existent

— Tiles that are broken

— Carpeting that is torn or worn

Even a fall down one step can lead to serious injuries, including those to the back, neck, hands and feet. Whether you have tripped and fallen because a box was sticking out in a grocery store aisle or taken a tumble down a flight of stairs because of a broken step, you may be able to seek compensation for your pain and suffering, lost wages, medical expenses and more.

Property owners have a responsibility to keep properties safe and free of hazards. When negligent maintenance results in personal injury, holding the property owner responsible may get you the compensation you deserve while also serving to protect others from similar accidents. You can learn more about these and other personal injury cases on our webpage.

Source: Daniella Levi & Associates, P.C, “Queens Stairwell Fall Accident Lawyers” Aug. 23, 2014

NYC skyline

Liability for Damages from Injury or Accidents at College Parties

Can you sue for damages if you are injured at a college party?

With colleges and universities opening their doors once again for the fall semester, many students will be attending college house parties. Some of these students will be 21 and old enough to legally consume alcoholic beverages; however, there will be others who are not. What happens, though, when someone is injured at one of these parties? Who can be held responsible for medical bills and other damages?

Injuries suffered at such parties generally fall under personal injury cases. An injury might occur when someone slips and falls down a staircase where a beer has been spilled or a balcony that collapses under the weight of too many people on it. There can also be injuries suffered because of someone’s negligence, such as when someone underage drinks dangerous amounts of alcohol.

Who can be held liable for such injuries?

There could be several people who could be held responsible or it may only be one person. The host of the party could be held accountable, as could the property owner. If the party occurred on property owned by the college or university, these entities could be held liable. If the college or university is a public school, there are special rules that govern lawsuits against the government.

What damages may be sought in a personal injury case?

An injured party may sue for claims of medical expenses, emotional distress, pain and suffering and other damages and losses. There are time limits in place that limit how long an injured party has to file a personal injury claim. These time limits are called statutes of limitations and can vary from state to state.

Because there are so many variables when it comes to personal injury lawsuits, it’s best to consider the advice of an experienced premises liability attorney who can guide you through the process of pursuing compensation.

Source: FindLaw, “Injured at College House Party? Can You Sue?” Daniel Taylor, Esq., Aug. 14, 2014

dangerous potholes on streets of NYC

Reducing Risk of Injury: Improving Highway Falling Object Safety

Increasing safety from falling objects on highways

There have been many instances in which people have been seriously injured or killed because someone has thrown a rock, a piece of concrete or other item off a highway overpass. These falling objects can cause an accident but many times, the object goes through the windshield, injuring the occupants inside.

In New York’s neighboring state of Pennsylvania, a 52-year-old woman was a passenger in a vehicle headed east on Interstate 80. One 18-year-old and two 17-year-olds are facing charges in the incident. The woman suffered very serious injuries, including losing one eye and possibly the second. In addition, she had to have part of her brain and her forehead removed.

In Wheatland, New York, on July 10, wivb.com reported that a tractor-trailer was struck by an object thrown off an overpass on Interstate 90. The driver did not suffer any injuries and the case is still under investigation by the New York State Police.

Many states have begun fencing off overpasses in order to prevent such incidents. There are several factors considered before a decision is made on whether to fence off the overpass, including whether it was close to a school, whether it is in a rural or urban location, whether it was lighted and whether there was a sidewalk.

While many of the incidents involving falling objects off overpasses are committed by juveniles, those who are injured may still be able to pursue compensation for medical bills, lost wages, pain and suffering, emotional distress and other damages. No one should have to suffer injuries simply because he or she was traveling on the interstate.

Source: cantonrep.com, “Ohio tries to make highways safer from deadly projectiles” Robert Wang, Aug. 04, 2014

worker hurt on construction site

Inquiry into Harlem Explosion finds Con Edison Training Flaws

In March, an explosion in East Harlem killed eight people and completely destroyed two buildings. An investigation into the cause of the explosion is still ongoing by the National Transportation Safety Board, but a state inquiry by regulators has revealed inadequate training for many of the Consolidated Edison workers.

Con Edison is responsible for the installation and maintenance of the natural gas lines that are under the streets in New York City. The plastic pipes that carry the natural gas is supposed to be less likely to leak than the older iron pipes. Some of the iron pipes can be more than a century old.

When the new portions of pipe were installed, Con Edison employees were apparently not complying with safety regulations when it came to connecting the plastic pipe sections. In addition, the company has admitted that over 300 of the 525 people that were trained on the task have had their qualifications lapse. Con Edison retested the employees and more than 60 of them did not pass the test.

The NTSB has reported that there was a gas main link at the explosion site. In addition, a water main was also broken. The Public Service Commission has said that there was no connection between the explosion and the lapse in certification by Con Edison’s employees. Con Edison also said that the training and testing procedures, while flawed, did not contribute or cause the explosion.

While there has not been a final report issued by the NTSB in this case, in explosions such as these, if a person or company is found to be responsible for the explosion, they may be held accountable for the deaths and injuries that resulted. Victims of explosions and the families of those who perished may be able to pursue compensation for many civil claims.

Source: The New York Times, “Inquiry Into Fatal Explosion Reveals Lapses in Con Ed Workers’ Qualifications” Patrick McGeehan, Jul. 31, 2014

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