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Month: October 2016

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Elevator Safety & Emergencies: Do “Close” Buttons Really Work?

Do “close” buttons in elevators actually do anything?

You’re in a real hurry to get somewhere, so the first thing you do when you get into the elevator is hit the “close” button. It’s something a great many people do every day. However, will hitting this button actually do anything to help you get to your destination faster? The answer is likely no.

This is because, in many elevators, the close door button doesn’t actually do anything when pushed. Purportedly, this has been the prevailing trend over the past couple of decades when it comes to these buttons.

Why don’t these buttons actually speed up the closing of elevator doors? Federal law may be a big contributor. Specifically, certain provisions of the Americans With Disabilities Act, a law enacted in 1990, have been pointed to as playing a significant role in bringing about the obsolescence of functioning close buttons in elevators. The rules in question make it mandatory that elevator doors stay open for a sufficient amount of time that a person with mobility assistance devices (like wheelchairs, canes or crutches) could enter the elevator. One could see how a functioning close button could get in the way of an elevator meeting such regulations.

Now, when it comes to “placebo” close door buttons on elevators, there is generally one limited situation in which these buttons would actually control the door. This is when a given key or code is used. This allows the elevator doors to be controlled by maintenance workers during repair/maintenance work or by emergency responders (like firefighters) during emergency situations.

As this underscores, certain buttons on elevators (including those that normally don’t serve any actual function other than perhaps to make riders feel better about things), can play very important functions in emergency situations. It is very important that such buttons work the way they are designed to in such situations. When a defect or improper maintenance causes them not to, it could lead to the emergency situation resulting in injuries that otherwise might have been prevented. Those injured by malfunctions in an elevator button or some other aspect of an elevator may have avenues for legal recourse available.

Source: The New York Times, “Pushing That Crosswalk Button May Make You Feel Better, but …,” Christopher Mele, Oct. 27, 2016

dangerous potholes on streets of NYC

Prevent Sidewalk Accidents & Falls: Autumn/Winter Injury

Preventing sidewalk accidents and falls in autumn and winter

The autumn and winter seasons in New York City are undeniably beautiful. For many residents, these are their favorite times of the year. In spite of their beauty, the cool seasons pose a number of hazards to residents and visitors to the city. In the winter, the presence of snow, freezing rain and ice can make sidewalks slippery. In the fall, rain combined with falling leaves can also result in slippery sidewalks.

Victims who have suffered injuries in a slip and fall on one of New York’s many sidewalks can always speak with a premises liability lawyer to find out if they have grounds to pursue a lawsuit. However, sometimes prevention really is the best medicine. Property owners should take steps to keep sidewalks free of hazards, and pedestrians can do their part to remain injury-free. Below are a few tips to prevent a sidewalk accident or fall when walking in New York City.

— Wear seasonally-appropriate footwear with good traction for slick surfaces.

— Avoid running in inclement weather, as it could increase the risk of slipping.

— Consider using a cane in bad weather to give you extra stability.

— If slippery ice or slick leaves are present, try to walk on grass or gravel.

— Keep your hands free to help you stay balanced on slippery surfaces.

— Try to walk in areas with good lighting after nightfall.

While most sidewalk accidents and falls result in only minor injuries or no injuries at all, it’s unwise not to take the dangers seriously. Practicing safe pedestrian behavior in the autumn and winter can save you from broken bones or more severe injuries.

Source: Midwest Orthopedics at Rush, “How to Prevent Slips and Falls During the Slippery Winter Season,” accessed Oct. 28, 2016

law books and scales of justice

Elevator Shaft Falling Accident: Infant Girl Fatality

Infant killed in elevator shaft accident

Inside a New York high-rise building plagued with elevator violations, a 6-week-old infant girl was killed on Thursday, Oct. 13. The mother of the baby simply walked into the elevator pushing the child’s stroller when the door opened, but the elevator was not there. Instead, the car had become stuck between the floors beneath them and the two fell down the shaft onto the car’s roof. The mother landed on top of the baby, crushing her to death.

Any elevator and escalator accident that results in death is tragic, but this one may be more heartbreaking than most. That the victim was a helpless child adds to the tragedy as does the fact that the building had already incurred no less than 45 violations related to its elevators. Simply put, this means that the incident could have been prevented and an infant’s life spared.

Reportedly, the building’s elevators have been the subject of hundreds of complaints made to the Department of Buildings. One of these complaints stated that the high-rise has a “chronic problem” with the building’s elevator system. The DOB received complaints about the specific car that caused the death of the infant at least three times in 2016.

One of the saddest things about this incident is that it has destroyed the lives of everyone close to the baby. The mother of the child will have to learn to live with her role in the accident, even though she bears none of the fault.

Elevator and escalator accidents like this one need to be brought before the justice system. Doing so cannot return the lost child to the arms of her parents, but it can increase attention and awareness about the dangers of faulty elevators. It may also help the parents cope with their loss and begin to move forward.

Source: New York Post, “Baby in stroller falls to death down elevator shaft,” Kenneth Garger, Tina Moore and Gabrielle Fonrouge, Oct. 13, 2016

cyclist injuries from poor road conditions around New York

Who is Responsible: New York City Sidewalk Safety Liability

Who is responsible for keeping New York sidewalks safe?

Most New Yorkers expect the city’s sidewalks to remain safe for pedestrians. However, New York City is a big place and the task of maintaining and repairing so many walkways is monumental. The city readily assumes its share of the responsibility and is always engaged in safety and maintenance activities on city-owned sidewalks and residential sidewalks.

It is estimated that the city’s Department of Transportation replaces approximately 2 million square feet of sidewalk annually. These repairs are most often conducted in residential areas and on city walkways. Despite these efforts, the total number of repairs addresses less than 1 percent of the region’s sidewalks. The question now is who is responsible for the rest of the sidewalks? The answer is property owners.

New York’s administrative code addresses the issue in section 19-152, which states that property owners hold the responsibility of “installing, repairing and maintaining sidewalks adjoining their properties.” While property owners are required to handle the maintenance of adjoining sidewalks, the DOT is not idle in this process. In fact, DOT workers are in charge of inspecting sidewalks and then notifying responsible property owners that repairs are needed.

Property owners are also responsible for keeping walkways clean and free of snow, ice or other materials that could cause sidewalk accidents and falls. The DOT can assist certain property owners by way of its Expedited Sidewalk Repair program. If qualified, property owners can let the city make the repairs and pay the DOT for its services.

If you have been injured in a sidewalk accident or fall and you do not know who is liable for your injuries, you will benefit from speaking with a Accident Attorney about your case.

Source: New York City Department of Transportation, “Sidewalk Maintenance and Repair,” accessed Oct. 11, 2016

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Premises Liability: Negligent New York Security Issues

Negligent security and premises liability in New York

When New Yorkers set out to run an errand or visit a friend, personal safety is usually not a big worry. Most premises appear to be safe with smooth pavement, unbroken steps and other measures. However, there is a chance you might not be as protected as you believe you are on another party’s premises. One little-known area of concern is inadequate or outright negligent premises security.

Public places are often a breeding ground for criminal activities like assault, robbery or rape. What you might not know is that property owners have a legal duty to prevent harm from befalling patrons, tenants and guests. If it can be demonstrated that a property owner failed in this duty, a victim of negligent security injuries may be able to file a premises liability suit.

Unfortunately, it is difficult to predict just when and where a person might be at risk for negligent security injuries. Dark stairwells, poorly-illuminated parking lots, wooded college campuses and ATM premises are just four examples of places where danger may lurk. Property owners can reduce these dangers by keeping their premises well-lit, guarded by security personnel and by utilizing fences, gates and other trespassing barriers.

As far as what you can do to reduce your risk of attack or security-related injuries, make sure to remain aware of your surroundings at all times. Carry a flashlight or a strobe as well as a whistle you can blow if a stranger approaches. Pepper spray can also be a strong deterrent if a person tries to attack you.

Negligent security injuries are a fact of life and can damage your mental and emotional wellbeing as well as your body. Take precautions to stay safe at all times, and please explore our personal injury web pages to learn more.

For all correspondence, please use the Queens office address.

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