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Month: November 2014

Personal Injury Lawyers Daniella Levi & Associates

NYC Law Compelling Landlords to Fix Underlying Conditions for Tenants

New York City law would increase tenants’ rights

A bill being presented by three New York City Council members is aiming to compel landlords to fix underlying conditions that cause problems like mold in apartment buildings. In January 2013, a law was passed that required landlords to fix underlying issues that resulted in mold on walls and ceilings. However, only 69 buildings have been targeted since the law passed, and lawmakers say that there are only enough resources to target about 50 buildings a year with underlying issues orders.

The new law would allow tenants to take their landlords to court to force them to make repairs. One of the lawmakers on the bill said that while the original law was a good start, he suspected that there were more than 50 apartment buildings with mold issues in a city with 3.5 million apartments.

In many cases, the landlords are merely given orders to bring apartments back to code. However, this typically results in landlords painting over the mold, which results in the mold reappearing. Water leaks are cited as the biggest cause of mold, and water can get into plaster and cause ceilings to collapse in addition to the mold growth. Despite the lack of underlying issues orders, a representative from the Urban Homesteading Assistance Board said that the city had good intentions by passing the original legislation.

Property owners are generally required to provide safe conditions for anyone on their property. This may include providing a living space for tenants that is free from mold that could cause health issues. If a landlord or property owner does not meet his or her obligations under the law, it may be worthwhile to talk to a premises liability attorney. An attorney may be able to help an individual pursue compensation for negligence as well as compensation for injuries that result from owner negligence.

Source: NY Daily News, “City Councilmen push bill to compel negligent landlords to make repairs“, Greg B. Smith, November 12, 2014

construction site personal injury attorney

Accident Lawsuits for Burns Electrocution & Explosions in NYC

Burn, electrocution and explosion injury lawsuits in New York

New York is home to some of the world’s most ambitious construction projects, and New Yorkers are likely familiar with the sight of huge pieces of machinery being moved from one location to another. While jobs on these projects are often coveted, they can also be extremely hazardous. Those employed in construction or other forms of heavy industry are exposed to risks that workers in other fields do not face, and accidents involving fires, explosions or electricity cause some of the most serious injuries suffered by these workers.

If you have been injured in this kind of accident, you likely required intensive and painful medical treatment. You are probably also facing the prospect of prolonged physical therapy before you are able to return to work. If your injuries are severe, you may be forced to seek future work that is less physically demanding at lower rates of pay. You may also have suffered long term consequences such as the loss of a limb or other permanent disability.

While some workplace accidents are unavoidable, many others are caused by negligent actions. You may be able to pursue civil remedies if your employer did not provide a safe working environment because they did not follow mandated safety protocols or you were provided with substandard equipment or inadequate training. You could also file a lawsuit if oversight at the workplace was lax or required maintenance was not performed in a timely manner.

An Accident Attorney with experience in this area may be able to assess the case of an injured worker and advise them regarding their legal options. If you have been injured in a workplace accident and would like more information about pursuing a lawsuit, please visit our page dealing with injuries resulting from fire, explosions or electrocution.

personal injury law firm serving the 5 boroughs of NYC

Tips to Help Prevent a Slip-and-Fall Accident

How to reduce the risk of a slip-and-fall accident

People living and working in New York City may do well to remain cautious regarding their surroundings to minimize the chance of being involved in slip-and-fall accidents. While many such accidents do not result in serious harm, some can cause debilitating and potentially fatal injuries.

Pulled muscles, fractured bones, cuts and brain trauma can all happen due to slips and falls. Individuals in relatively frail health, such as some senior citizens or the disabled, might stand a greater chance of suffering more serious injuries, particularly when environmental factors like a loose carpet on a staircase come into play.

Consistent, watchful behavior is important in reducing the chance of a serious slip-and-fall accident. For instance, during the winter months, pedestrians might wish to be especially careful when walking along sidewalks that may not be fully de-iced, avoiding such areas if possible. People living in homes with children could avoid serious injury to themselves or guests by keeping toys off the floor and away from staircases as often as possible. In homes and work spaces, accidents can be prevented by ensuring that bathrooms, kitchens and other areas with running water are kept dry.

When a business owner or other party fails to take the precautions necessary to avoid a guest’s slip-and-fall accident, the injured person may have a cause for legal action on the basis of premises liability. For instance, a negligent supermarket employee might fail to set up necessary warning markers after mopping, causing a customer to slip and suffer a severe concussion. An attorney representing the injured person might use security camera footage to argue that the employee failed in his or her duty of care, and the company might either face liability for damages or agree to a settlement.

Source: BrainInjuryInstitute.org, “Slip and Fall“, November 04, 2014

lawyer discussing client personal injury case with staff

Specifications for New York Landowner Responsibility to Trespassers

What duty does a landowner owe to a trespasser?

Premises liability in New York deals with unsafe property conditions due to the owner’s lack of maintenance or care, which results in injury to someone who enters the property. However, not everyone is given authorization to enter a property, such as trespassers. While a property owner may not have a duty to protect such individuals, they are obligated to not expose them to injury.

If a property owner has reason to believe trespassers will enter the property, he or she must post a warning of danger. The property owner is particularly liable if the dangerous condition might cause significant injury to the trespasser. In addition, the owner may be liable if the dangerous condition could be easily discovered by the trespasser.

In terms of underage trespassers, the owner does have an obligation to provide safety. For instance, if a swimming pool is on the property, the owner might realize that children would gravitate to it and possibly injure themselves not realizing its inherent danger. This is commonly called an attractive nuisance. The property owner is legally bound to correct the hazard.

In a premises liability case, a trespasser might be asked to prove that the owner had reason to believe he or she might gain access to the property. Further, the danger on the property required warning and none was given or the danger could within reason be discovered by the trespasser. Under such conditions, the property owner has a duty of care to warn the trespasser.

An attorney may assist an individual in proving their injury on the landowner’s property was due to the owner’s negligence by reviewing the circumstances surrounding the case. The attorney may file a personal injury lawsuit in civil court to help the individual recover compensatory damages due to medical expenses and lost wages.

Source: FindLaw, “Homeowner Liability for Trespasser Injuries,” 2014

Source: Findlaw, “Trespassers on Property“, October 30, 2014

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