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Month: December 2016

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

Sidewalk Sheds & Common Problems: NYC Personal Injury

Problems can sometimes come up in connection to sidewalk sheds

Things designed to help with one type of safety problem can sometimes give rise to their own unique problems. Take sidewalk sheds for example. These structures, also referred to as sidewalk scaffolding, can play a very important role in keeping pedestrians safe from falling objects when construction is being done on a building or there is a significant problem with a building’s facade. Given how harmful falling object accidents can be, preventing them can be critical.

However, there are certain things that could cause sidewalks sheds to go from being an important safety protection to a generator of significant problems.

One is if such sheds aren’t kept in proper repair. When a sidewalk shed isn’t adequately maintained, various safety risks could come up in connection to it, such as risks of the shed collapsing or risks of the shed creating tripping hazards. So, it can be critical for pedestrian safety for building owners who put up a sidewalk shed in connection to construction or repair work on their building to make sure to keep the shed in a safe condition.

Another thing that could cause problems to arise in connection to a sidewalk shed is if the shed is left up for too long. Sidewalk sheds can have the potential to be an eyesore, contribute to sidewalk congestion and be an attractor for things such as garbage. So, there are a variety of different aesthetic, community annoyance and safety problems that could possibly be created when a sidewalk shed ends up in place far longer than it has to be.

Currently, there is no direct deadline put in place on building owners regarding removing sidewalk sheds here in New York City. However, this could end up changing. A bill is being introduced to New York’s City Council that would put such a deadline in place when it comes to sidewalk sheds put up in connection to issues with a building’s facade.

Do you think there should be a deadline on sidewalk sheds in the city? What impacts do you think this bill, if passed, would have on sidewalk safety, pedestrians and communities here in New York City?

Source: The New York Times, “Sidewalk Scaffolding, the Unwanted Neighbor, Is Under Scrutiny,” Winnie Hu, Dec. 5, 2016

workers compensation in New York

Slip-and-Fall Accidents: Legal Statute of Limitations

Slip-and-fall accidents and the statute of limitations

While some people in New York are looking forward to a winter wonderland during this holiday season, they must keep in mind that ice and snow pose dangers not just to drivers on the roadways, but also to pedestrians walking on the streets and sidewalks. One slip-and-fall accident can lead to serious injuries, perhaps necessitating a lengthy hospital stay and extensive rehabilitation.

When a person is injured in a slip-and-fall accident, their main priority is healing from their injuries. However, as the medical bills mount and they are unable to go to work, their finances may soon be stretched tight. When this happens, they may want to pursue a personal injury lawsuit to seek compensation for the damages suffered.

In some cases, a property owner’s negligence can contribute to a slip-and-fall accident. For example, in some cases, a store owner may have a duty to clear ice from the sidewalk in front of her store. If she breaches that duty, and someone is injured as a result, the injured may be entitled to compensation.

The injured should keep in mind that they only have a limited time in which to file a lawsuit seeking compensation. This time limit is known as the statute of limitations. It is a law that, basically, dictates how long after an event a person has to file a lawsuit. After the statute of limitations has passed, it is no longer possible for a person to bring a lawsuit based on that incident.

In New York, when it comes to slip-and-fall lawsuits, the person has three years starting from when the accident occurred to file a lawsuit. For example, if a person slipped on an icy sidewalk, and injured his or her knee and back, that person only has three years from the date that he or she slipped on the sidewalk to seek damages in connection to the injuries he or she suffered in the incident/ An attorney familiar with sidewalk accidents and falls can help explain how the law may apply in to your circumstances.

cyclist injuries from poor road conditions around New York

Trees & Sidewalk Safety: New York City Personal Injury

Trees and Sidewalk Safety

Many things could potentially create tripping hazards out on sidewalks. Among these are trees and where their roots end up growing. This can be seen in complaints a woman in Brooklyn has leveled regarding a city-planted tree near her home.

Purportedly, the roots of this elm tree have lifted some of the concrete on the sidewalk outside the woman’s home up around two or three inches. The woman has expressed multiple concerns about this, including:

  • Safety concerns: The woman says there have been tripping incidents in relation to a raised edge created by the lifted concrete. Reportedly, the woman has put paint on the edge to try to make it more visible to people.
  • Security concerns: The raised edge purportedly has made it so the woman can no longer fully close the security gate that leads to her home.
  • Legal-related concerns: The woman has expressed worry that the raised concrete might result in accidents that expose her to litigation.

According to the woman, she has made complaints to the city asking it to address the tree and the problems the tree has created. A spokesperson with the city has said that there is a work order out on the site and that the site is on a wait list for repairs. One wonders what the city will end up doing regarding the tree.

The fact that sidewalk dangers can come from many sources can create a range of challenges. As the above story points to, this can include challenges related to keeping sidewalks safe. What sorts of efforts would you like to see New York City take to ensure its conduct, including conduct related to city-planted trees, isn’t resulting in tripping hazards out on sidewalks in the city?

The wide range of potential causes of sidewalk dangers can also create some compensation-related difficulties for individuals hurt as a result of tripping due to a dangerous condition on a sidewalk. It could make it challenging to determine what specifically caused the danger, which could create uncertainty regarding what particular legal options the victim might have in relation to the tripping accident. Skilled attorneys can help such individuals look for evidence that could help add clarity to the situation when it is unclear what caused the accident. Such attorneys can also help tripping accident victims when difficult legal issues come up regarding their efforts to be compensated for their injuries.

injured at work needs help

Falling Objects: Serious Construction Site Hazards in NYC

Falling objects are a serious hazard on construction sites

Objects dropped from work sites injured more than 52,000 people in the past year, according to the U.S. Occupational Safety and Health Administration. That averages to about 143 people a day or one person every ten minutes reporting an injury due to an object falling on them. Injuries while working at a construction site unfortunately do happen and may be serious.

If you work on a construction site, your chances of being struck when someone above you drops an object are much higher than the average person.

What is the real danger?

In some cases, even a safety helmet won’t do you much good. Heavier tools, like hammers or wrenches, may gain enough force as they fall to cause crushing injuries. For example, if an eight-pound tool fell on you from a height of 200 feet, it would be similar to having a small car dropped onto your head.

Some common injuries from falling objects include:

  • Broken bones
  • Spinal cord injuries
  • Brain injuries
  • Death

The most commonly cited recent example is of a man who was delivering drywall when a construction worker 50 stories above dropped a tape measure. The one-pound tool fell with such force that when it hit the man’s head, it caused a fatal injury. He was not wearing his safety helmet at the time.

What protections are required?

While you probably have many safeguards in place to protect yourself from falling, your tools may not. In addition, construction sites often cannot avoid dropping chunks of debris. If you work on the ground, this puts you at risk.

Most construction companies provide at least the minimum safety precautions:

  • Personal protective equipment, such as harnesses, to prevent you from falling
  • Toe boards to stop your tools or other objects from slipping through railings
  • Debris nets to catch objects that fall before they hit the ground
  • Helmets
  • Restricting barricades to stop citizens from entering your work area

Some feel it is time to include more comprehensive ways to prevent tools from falling rather than simply using nets and work zones to limit the amount of damage they do. Tying off or harnessing your tools — the way workers are required to harness themselves — might prevent more injuries and save more lives.

What should you do if you are injured?

After you have reported your injury and sought medical treatment, you will need to file a workers’ compensation claim to receive benefits. Having an attorney to help you with your claim will relieve you of the stress and frustration of dealing with the insurance company. Your attorney will also make sure you receive the maximum benefits you are owed.

Similarly, if you – like the man delivering the sheet rock – were injured on the job, but your own employer was not responsible for your injuries, you may have grounds for a third-party lawsuit. Your wisest course of action will be to discuss your case with an attorney who will investigate your claim and aggressively fight for any compensation for which you might be eligible.

New York City skyline

Personal Injury Liability: Urban Transportation & Moving Walkways

Moving walkways: The future of urban transportation?

Anyone who regularly travels by air has likely encountered their share of moving sidewalks. However, outside of airports and a few other contexts, these walkways aren’t a major part of everyday transportation. Might this change in the future?

A recent study done by a research team in Switzerland looked at the potential of moving walkways to serve as an alternative to automobile travel in urban centers. In the study, researchers designed a moving sidewalk system for the Swiss city of Geneva in which moving walkways would replace roads on primary travel routes in the city. The study also estimated the potential capacity of urban moving sidewalks to be 7,000 passengers an hour.

According to the researchers, moving sidewalks could potentially provide a transportation method in urban centers that could avoid some of the problems that motor vehicle travel can pose in such areas.

Of course, bringing moving sidewalks into the urban transportation picture wouldn’t be without its challenges. It would require some major changes in cities. For one, infrastructure changes would be needed, which could be quite expensive. The researchers also noted that culture changes would be needed for such walkways to be accepted as a form of urban travel.

Do you think moving walkways could someday be a major element of travel in big cities, like here in New York City? Would you like to see such walkways available as a transportation option in big cities? What do you think the biggest upsides and downsides would be of using moving sidewalks for urban travel?

Now, like regular sidewalks and any other device designed to handle walking traffic, moving sidewalks could pose safety challenges to walkers when they aren’t adequately maintained. So, how well-maintained moving walkways are is an incredibly impactful thing. This is not only the case for the possible moving walkways of the future, but for the walkways that are currently out there, like moving walkways at airports. Skilled premises liability attorneys can provide individuals who suffered injuries while on a moving walkway that wasn’t properly maintained with explanations of their available legal options.

Source: Seeker, “Fast-Moving Sidewalks Could Shuttle 7K City Dwellers per Hour,” Tracy Staedter, Nov. 28, 2016

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