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Month: September 2016

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Elevators & Escalators: Very Hazardous to Children

Elevators and escalators hold extra danger for children

Elevators and escalators are an incredible modern convenience, but they can also be harmful or even deadly, especially to children. Children often do not have a healthy concept of the dangers inherent in these enormous, powerful machines, and are more vulnerable than adults to being harmed by one through misuse or because it is malfunctioning.

Escalators are most dangerous to all users in the opportunity that they present for serious falls. More than escalator-related 10,000 injuries regularly occur in a given year, and most of them are the result of falling while using an escalator. Children can be especially prone to this kind of injury if they are not taught to ride escalators safely, standing in the middle of the track, facing forward, and holding a parent’s hand if possible, and always to make sure that their shoelaces are tied so that they do not become caught inside. Children often think of escalators as being like a ride at an amusement park, but this is not a safe way to think of them, and they must be taught to use them safely.

Elevators can also be particularly dangerous for children. Injuries involving elevators most commonly occur when a body part becomes trapped between closing doors. Children may be tempted to keep doors from closing by sticking their hands, arms, or legs between the closing doors — this can be incredibly unsafe. It is important to teach children to avoid this behavior for their safety. Much more serious injury can occur if a child goes near elevator doors that have opened while no elevator car is there to step into. This can easily lead to falling into the open elevator shaft, which can mean very serious injury and possible death.

Being a parent to a young child can be exhausting, and there are so many dangers to look out for, but it is important to make sure that your children understand and respect the dangers that are innate in using large, complex machinery such as elevators and escalators. Still, even for careful people, accidents can happen. If you or someone you love have been harmed or killed by such an accident, the guidance of an experienced Accident Attorney can help ensure that your rights remain protected as you explore options for compensation in New York.

Source: Verywell.com, “Elevator and Escalator Hazards,” Vincent Iannelli, accessed Sep. 30, 2016

doctor looking at head x-ray for injuries

Injury Premises Liability Case from Crashing Drone

Drone crashes, causes injury, leads to premises liability case

We’ve all seen those striking aerial photos floating around the Internet. In some cases, these pictures are taken with a drone. The drone is equipped with a camera and flown over the desired location or subject, taking a picture from a unique perspective.

These photos are gaining in popularity, and party planners are taking note. Although use of the drones can lead to beautiful images, they can also be dangerous. This was highlighted in a recent case out of California, where a party planner hired a drone operator to take a photo of the partygoers from above. Unfortunately, the drone crashed into the partygoers.

A case that may be the first of many: Drone strikes and injures a person

It is unclear whether to drone operator was at fault or whether the drone itself had a defect. Regardless of the cause the following facts remain. The drone somehow dropped from the sky and crashed into one of the partygoers. The drone impacted the partygoer’s head, causing serious injury.

The woman was taken to the hospital for treatment. Due to this accident, she has permanent scaring on her head and face and suffers from headaches.

Examining the legal issues: Premises liability

The case is moving forward based on legal principles present in the legal arena known as premises liability. This area of law is founded in the expectation that property owners keep their premises safe so visitors are not injured. Slip-and-fall accidents and dog attacks are often included in this area of law.

Now it looks like a new type of accident may be included: drone accidents.

A case from California with implications in New York

Although this California case will not likely become precedent in New York, it is always helpful to have an understanding of how other states are ruling in novel areas of the law. If the court finds that drone accidents do fall within the realm of premises liability, it is very possible the same will hold true in New York.

legal team discuss client case

Property Owner Liability & Responsibility for Stairwell Safety Issues

Stairwell safety is the property owner’s responsibility

Falling down a flight of stairs is as terrifying as it is dangerous. Worse, such a fall can result in severe injuries that require a great deal of time in recovery. In some cases, stairwell fall accidents can even result in death. Research into slips and falls on stairways indicate that the majority of these falls occur when people are descending. In fact, some research indicates that falling on stairs and steps is the leading cause of death in slip-and-fall accidents.

The responsibility of making sure stairwells in New York City are safe lies with the owner of the premises. There are a number of ways to maintain stairwells in order to make certain patrons remain injury-free while utilizing the property. First and foremost, staircases should be well-planned with the proper height between steps and with appropriate tread widths. This ensures patrons have enough space for their feet as well as freedom of movement as they ascend and descend the steps.

Steps with anti-slip coatings or nonslip treads are safer than stairs with a slick surface. Stairwells should also be kept empty of obstacles that might cause a patron to stumble and should contain adequate lighting. Other maintenance actions that can reduce the risk of stairwell fall accidents include:

— Keeping steps clean and free of ice or water

— Providing sturdy handrails on both sides

— Putting wet floor signs in place after cleaning

— Making sure staircase carpeting is secure and damage-free

Stairwells do not have to be dangerous or intimidating. When a property owner fails to correct obvious safety issues and a person becomes injured in a fall, the owner may be held liable for any damages the patron has suffered. Pursuing a premises liability lawsuit is one way the victim can find a remedy.

Source: Church Mutual Insurance Co., “Recognizing the importance of slips and falls on steps and stairs,” accessed Sep. 20, 2016

medical damages law firm NYC

Ultimate Fighter Injured in Elevator Accident: Hotel Potentially Liable

Ultimate fighter down for the count following elevator accident

Elevator and escalator accidents can happen to anyone, including well-known athletes. Ultimate Fighting Championship, also known as UFC, contender, C.B. Dollaway, knows this better than most following an injury he received in a hotel elevator on September, 9. Reportedly, the fighter suffered a back injury during the elevator incident. Several other individuals were also stuck in the elevator when the incident occurred, but Dollaway was the only one to report an injury.

Unfortunately for Dollaway, medical officials and members of the UFC found that the fighter was unable to participate in his event scheduled for the evening of September, 10. Reports indicate that the fighter’s opponent was also disappointed that the match was cancelled. While it is still unclear precisely how serious the injury was, media reports quoted one unnamed source who called the injury a “strain.”

Reportedly, the elevator in question also experienced difficulties earlier on the day in which Dollaway was allegedly injured. Several members of the mixed martial arts promotion company, Zuffa, became trapped in the elevator. No injuries were reported. A representative with the hotel in which the elevator accident occurred would not comment on the incident; however, it is reported that the hotel will evaluate and investigate the incident.

Most elevator and escalator accidents never make the news, but they occur more often than people think. While this particular accident occurred outside of New York, it highlights the problems associated with faulty and potentially dangerous machinery. Those who routinely patronize buildings with elevators or escalators should remain aware of the dangers. If an accident leading to injury does occur, you should also understand that the law provides options to recover compensation for injuries sustained in such an accident.

Source: MMA Fighting, “Elevator incident forces C.B. Dollaway out of UFC 203,” Guilherme Cruz, Sep. 10, 2016

lawyer and paralegal discussing construction accident case

Issues with Stairs Causing Trip Slip & Fall Hazards

Issues with stairs can lead to trips, slips and falls

When it comes to stairs, most people are very careful as they go up and down. There are some hazards that can make it more likely that a person will fall while he or she is using the stairs. Generally, the reasons for falls on stairs can be divided into two categories — obstacles and environmental factors.

The most common stair hazard is an object that is left on the stairs. These objects can cause people to slip or trip and fall. Most falls on stairs occur when the person is going down the stairs. If objects that are left on the stairs are hidden, falling on them is possible.

Improper maintenance of stairs is another possible hazard. This can include loose or torn carpet on the stairs, broken or worn tread and irregularities in the stairs. In some cases, these can be due to the design of the stairs.

Stairs without handrails also pose a problem. If a person slips or trips, he or she has nothing to grasp to try to stop the full fall from occurring. If a handrail is present, making sure that it is secure and in good shape is necessary.

Another hazard that people don’t think about too often is stairs that are in an unexpected location. When only one or two stairs are placed somewhere, people might not expect them to be there.

For the people who are injured in accidents involving stairs, the results can be harrowing. Broken bones, bruises and similar injuries can affect every aspect of your life. In those cases, seeking compensation could be possible.

Source: Cornell University, “Stair Safety: Causes and Prevention of Residential Stair Injuries,” accessed Sep. 07, 2016

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