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Month: October 2014

construction site personal injury attorney

Risk of Burn Injury and Unsafe Conditions in NYC

Unsafe conditions may result in burn injuries

New York residents may wonder what happens if they are injured in a fire in a public place, a hotel or an establishment serving hot drinks. In each instance, the individual may suffer trauma due to burns, which may require long-term treatment as well as surgery and rehabilitation. The physical and financial cost of burn injuries may be daunting.

According to statistics from the Centers for Disease Control and Prevention, the number of individuals who die due to burn complications every years in the U.S. is in the neighborhood of 10,000. In addition, up to 1.1 million Americans are injured by burns and need medical care, as reported by the American Burn Association in 2000.

Burns are classified by the severity and depth with which they penetrate the skin’s layers. For example, first-degree burns involve only the epidermis, or the outer layer of the skin. This type of burn is painful and red, treated with cool compresses and resolves in healthy adults without further treatment; sunburn is one common example. Second-degree burns involve the epidermis and the next layer, the dermis. They require the attention of medical personnel.

A third-degree burn destroys tissue permanently and involves all skin layers extending into the tissues beneath the skin. While it is often painless, this type of burn requires medical care immediately.

Hotel owners and property managers have a responsibility to ensure that faulty electrical hazards or hot water heater settings are appropriate. Failure to repair fire alarms or sprinkler systems that are not operational may focus liability onto the owner or lessor. Serving excessively hot drinks that have the potential to spill and burn someone may be considered negligent.

If an individual suffers burn injuries through no fault of his or her own, a Accident Attorney could be able to help. The attorney may determine if negligence exists and, if so, help file a lawsuit against the responsible property owner or manager for financial damages including the cost of medical treatment for the burn.

Source: CDC, “Burns“, October 23, 2014

Daniella Levi Esq with firm's paralegal

New York Property Owners & Premises Liability Specifications

Liability for New York premises owners

When somebody suffers an injury on somebody else’s property, the property owner may be held liable. According to New York law, the person must be on the property legally or the owner must know that the person is trespassing for the owner to be liable. The law also requires that the accident be the result of negligence on the part of the property owner, such as failure to repair or warn the person about any unsafe condition.

One example of this would be a cracked ceiling collapsing on a person performing some work for the property owner. Another could be the owner hosting a party shortly after having the building fumigated, resulting in guests becoming hospitalized from inhaling the fumes. The most common example of this, however, is a slip-and-fall accident.

The law does have an attractive nuisance clause involving children that does not require the owner to be knowledgeable of the child’s presence on the property, even if the child is trespassing. This means that if children enter the property for an unfenced swimming pool or any other condition that they would find attractive and suffer any injuries, the owner of the property is still liable for any injuries.

In any premises liability case, the injured person should report the injury to the property owner immediately or as soon as possible, seek immediate medical attention and completely document everything. An attorney may be able to help the victim file a personal injury claim against the property owner, and they could receive compensation for medical bills, pain and suffering, and loss of income. The state limits the amount of time a person has to file a personal injury claim, so a lawyer may help ensure that the appropriate steps are taken in a timely manner.

Source: nycbar.org, “Premises Liability“, October 15, 2014

outside view of the law firm building

Explicit Liability Laws for New York City Property Agreements

New York property agreements governed by explicit liability laws

New York property managers, service firms and building maintenance contractors may attempt to protect themselves from being held liable for their actions or incidents related to the premises they maintain. Although these parties may request that their tenants and patrons agree to official indemnity contracts as a condition of using their services, individuals or companies that rely on self-exempting clauses don’t necessarily have the legal grounds to escape liability.

According to N.Y. Code Section-5-323, any contract or agreement wherein a contractor exempts themselves from liability for injuries caused by their own negligence is to be considered void. In addition to applying to formal real property contracts and covenants, this rule also makes specific mention of understandings related to such an agreement. It may be possible that those who sustain injuries after committing to verbal or implied indemnity agreements still have some form of legal recourse. Notably, this law also nullifies agreements that exempt contractors from being held responsible for the negligence of their subordinates, and it applies to work related to construction as well as general maintenance or repairs.

Various factors impact who is deemed liable for an individual’s injuries following accidents such as a slip and fall, and state laws also play a part. While the actions of the injured party are taken into account, the material condition of the property itself and the way the location is managed are also important.

Premises liability cases can be made more complicated when those at fault attempt to escape responsibility. Without an understanding of their legal entitlements and applicable laws, victims who sustain injuries could even be discouraged from pursuing recompense. Working with a knowledgeable legal advisor may make it easier to choose a more effective course of legal action.

Source: Findlaw, “Section 5-323: Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable“, October 09, 2014

A falling object Accident During Work: Am I Eligible For A Lawsuit?

Passerby Injured by Falling Objects: Legal Support for Victims

Falling objects can cause injury to those passing by

In large cities, it is sometimes possible for objects in construction areas or near businesses to fall and injure someone, the borough of Queens in New York City being a prime example. Often in these construction sites, power tools, building materials and heavy equipment are in use and, much of the time, it is not at ground level. That means construction workers and anyone walking by may be in danger of serious injury.

Falling objects, such as pieces of wood or stone or bags of material that break away can cause injury to the head, neck and shoulders . Depending upon the material and weight, serious injury to the spinal cord and brain may result. That can lead to long hospital stays, lost wages, long-term care, and many months or more of pain and suffering. A victim of an accident involving falling object may need to seek compensation to mitigate the costs of recovery.

At our law firm, Daniella Levi & Associates, we aim to provide proper legal support to determine the extent of a victim’s injury as well who can be held responsible. We are well experienced in guiding victims through the legal process of obtaining justified compensation for any injuries relating to these construction accidents.

If you or someone you know has been injured by a falling object at a construction site, you may be seeking for more information. Please visit our page on falling object injuries to learn more about your rights and what legal actions may be taken.

Source: Daniella Levi & Associates, P.C., “Queens falling objects injury lawyers”, October 01, 2014

For all correspondence, please use the Queens office address.

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