Articles Posted in Premises Liability

Published on:

This morning, a terrible tragedy occurred as a crane collapsed in TriBeCa around 8:30 A.M. Early reports indicate that at least one person has been fatally injured, and two others have sustained serious injuries.

The massive crane, operated by Bay Crane, now lays down the path of Worth Street stretching from West Broadway to Church Street.

It appears the crane was working on 60 Hudson Street, a longtime industrial building undergoing renovation to luxury apartments. The crane was parked on Worth Street.

Published on:

As a trial attorney I am often contacted by client’s who request my opinion on whether their chid’s accident in a playground was due to negligence. They ask questions like, was there enough supervision? Did the children have enough instruction on how to use the equipment? Aren’t monkey bars dangerous generally?

Often the answer results in my firm not pursuing the case. Kids do get hurt. Sometime’s accidents happen. However, recently I was contacted by a wonderfully nice family and presented with an interesting case.

Their six year old son who was in first grade at the time, had fallen off a piece of equipment during school in the playground. He described the equipment as monkey bars. In fact, the school incident report also stated he fell from the monkey bars. He told me he was jumping off and landed hard on his elbow on the mat below. He had a fracture to his elbow that would require percutaneous pinning which is when a doctor places a pin through the skin to allow the bone to heal. The pin is removed a few weeks later when the bone has calcified.

At first I advised the family, that based on those facts it would seem very difficult if not impossible to bring a case against the school for negligence. Kids play, there are monkey bars and falling from them, absent a design or construction defect would likely not be a case. Especially in Staten Island, a very conservative county.

Continue reading

Published on:

Appeals coming to fruition now were in the making long before 2015 arrived and the New York Appellate Courts have already decided thirty or so snow and ice cases this year. Many more will be coming. As we prepare for the next big storm that’s coming, let’s examine some general legal issues. For purposes of this blog, we will stick to the basics and not assess each and every fact in detail (quite unlike what this firm does when prosecuting real cases). We will also point out the major caveat that each and every case is unique. A case’s existence and outcome will vary based on a multitude of factors that will not be fully explained in this blog.

Envision this. You are a young attorney who is preparing for trial. On your way to the office last Saturday morning, you slip on the marble floor of your large office building lobby, sustaining serious injuries. Unfortunately for your injuries, there is no case. A vestibule floor that was inherently slippery due to its smoothness is not an actionable defect. See e.g. Beceren v. Joan Realty, LLC, 2015 NY Slip Op 00324 (2nd Dept. 2015).

Next scenario. It’s still Saturday. You receive a surprise flower delivery, but since your office is technically closed and the firm’s secretary is not working, you go down to the lobby to get it. Unbeknownst to you, before you arrive on the scene, the delivery man spills water from the vase onto the floor. You slip on it, sustaining serious injuries. Here, you could establish fault of the flower delivery man and/or the building officials if you can show that they created the spill or had sufficient notice of the wet condition that caused the slip and reasonable time to clean and/or warn. See e.g. Weiss v. Gerard Owners Corp., 22 A.D.3d 406, 803 N.Y.S.2d 51 (1st Dept. 2005).

Continue reading

Published on:

Leav & Steinberg, LLP often receives calls from people who trip and fall on a city sidewalk and are injured. One would assume since it is a city sidewalk the city would be solely responsible for the maintenance and repair of the sidewalks. However this is not always the case.

In 2008 a law was passed by the NYC counsel shifting the responsibility to maintain and repair sidewalks to the building owner in most instances. The city is now only responsible to maintain and repair sidewalks adjacent to 1, 2 or 3 family, owner occupied houses. So if you fall on a sidewalk adjacent to a commercial building or high rise Apartment the building owners insurance company is responsible to compensate you for your injuries. However, it is very important to call Leav & Steinberg, LLP immediately after any trip and fall so we can do a complete investigation and protect your rights. If the city is involved a notice of claim must be presented within 90 days.

Leav & Steinberg, LLP has recovered millions of dollars on behalf of our clients who unfortunately fell and got injured after falling on a defective sidewalk. It is always best to call us immediately so we can protect your rights.

Published on:

One of a personal injury attorney’s most important tasks is to protect clients. Two major parts of that involve ensuring clients have the best case possible under the law and protecting their privacy. Our last blog was about how injury attorneys can fortify a case with information from vehicle event data recorders. We linked to the New York law about the disclosure of the information recorded by event data records, such as speed, location, and brake performance. That type of activity recording raises privacy concerns, but that comes with the injury case territory.

Another privacy issue arises from a similar recording device, the license plate recorder. License plate recorders are cameras that may be mounted on things like police cars, tow trucks, traffic signs, and bridges and they have the potential to track each and every location an individual has driven. The ACLU has called for more legal restriction on the information obtained by these devices based on rights contained in the Fourth Amendment, in part because private companies are disclosing information with little to no oversight. Some states have already passed laws on the retention of the information collected from these cameras.

New recording devices raise new issues; as technology evolves, so does the law. But personal injury attorneys have been dealing with countless privacy issues since the start. Most commonly we deal with the Health Insurance Portability and Accountability Act, also known as HIPAA law. The law says injury attorneys have to turn over certain medical records and authorizations releasing medical records directly from healthcare providers to the attorneys whose job is to defend the case. A proper HIPAA authorization is always required to release medical records, but generally speaking only records related to the body parts injured in the accident need to be turned over. In Gumbs v. Flushing Town Center III, L.P., 1114 A.D.3d 573, 981 N.Y.S.2d 394 (1st Dept. 2014), the Appellate Division affirmed the decision of the Honorable Laura Douglas to protect the plaintiff from providing authorizations to the defendants relating to some of his own medical records. His case was related to injuries sustained to his shoulder and ankle. The defendants were seeking records from his cardiologist and primary care physician. The defendants claimed the records were related to the plaintiff’s ability to work and his life expectancy.

Published on:

An explosion today in Manhattan’s East Harlem caused a piano store and an evangelical church to crumble to pieces, leaving a grim scene behind. The buildings, which were located near 116th Street and Park Avenue, also contained fifteen residential units. The incident was reported to be deafeningly loud, like a bomb. One witness described the feeling in his room nearby in the Taft Houses as similar to experiencing an earthquake and a car crash at once. The force of the explosion caused debris to spew onto elevated Metro North train tracks across the street, resulting in temporary suspension of service. Residential and commercial building windows nearby were shattered to pieces. People ran into the streets and gathered there in crowds. Smoke and flames poured out of the wreckage while first responders dug into the bricks, looking for survivors.

Two fatalities and twenty-eight injuries have been documented. The injuries range from minor to severe. One individual reported hearing loss and another individual seems to have suffered a brain injury. Almost two dozen of the injured are being treated at Mount Sinai Hospital. A handful are being treated at Harlem Hospital. Other hospitals with patients with injuries from this incident include NY Presbyterian, Weill Cornell, and Metropolitan Hospital. Numerous people remain missing at this time.

The cause of the explosion has not yet been determined. However, a Park Avenue resident notified Con Edison of a gas leak at 1652 Park Avenue at 9:13 A.M., approximately fifteen minutes prior to the explosion. The caller specified that the odor may have been coming from the exterior of the building. Con Ed’s work truck did not arrive at the scene until after the explosion. An eight inch low pressure gas main services this area; its condition is presently unknown.

Published on:

Under the lip of the kitchen sink. In the corners of the shower. Around the base of the bathroom sink faucet. Then there are always the science experiments in the back of the refrigerator. These are common areas of mold growth. Mold can be a good thing, like penicillium that produces the antibiotic penicillin. But too much penicillium, or aspergillum, or cladosporium can result in black mold that can endanger a person’s health. The Environmental Protection Agency (EPA) warns that mold exposure can cause “allergic reactions, asthma, and other respiratory complaints.”

Mold in New York

Molds are prevalent in moist areas. If there are leaks in pipes or a roof, that can be enough create the right conditions for mold growth. Richard Fields saw mold in his apartment in August 2003. He went to the hospital in September 2003 for headaches and nosebleeds. He told the doctor he had mold in his apartment and the doctor said the mold could cause his symptoms. Fields filed suit in January 2006 for mold exposure against the Lambert Houses Redevelopment Corp, the owner and manager of Fields’ apartment building. Fields amended his complaint to add estimated medical expenses.

Published on:

Accidents happen everyday and are a part of life. However, some are more serious than others. If you get injured, it can cost time and money to get you back to where you were before the injury. When the injury is not your fault, the consequences of the injury should not fall on you alone.

Take for example, the recent New York case of Gale v. St. John’s University. Lisa Gale was hired by a third party company to replace stained ceiling tiles in various campus buildings. She regularly worked on St. John’s University (“St. John’s”) doing general janitorial work which often included changing tiles after it rained in the area. Ms. Gale was working at St. John’s when she was hit with a piece of metal from the ceiling grid in the bathroom of the university’s Campus Center, which caused her to fall while she was changing the ceiling tiles. She sued St. John’s for her resulting injuries because the school failed to keep the area safe.

In New York, a property owner cannot be held liable for injuries caused by an allegedly defective condition unless the plaintiff, Ms. Gale, establishes that the owner either created or had actual or constructive notice of the condition. Constructive notice happens when the defect is visible and obvious, and it must exist long enough for the defendant, St. John’s, to both find it and fix it. There is no constructive notice when the issue might not be detected with a reasonable inspection. Ms. Gale tried to claim that the repeated heavy leaking, in that bathroom, after most storms, should have been enough for the school to at least check the pipes. The court however disagreed. The judge found that a regular leak was not proof of the greater safety issue. Also, because the pipes were above the ceiling tiles, a reasonable inspection would not have the issue.

Published on:

Sustaining an injury, whether it is a slip and fall or a car accident or something else entirely, can be a scary and confusing time. For many people, sustaining a serious injury is among the lowest points in their lives. It can be particularly confusing when someone else is at fault for your injury. While no one wants to think about bringing a lawsuit immediately after an injury occurs, it is in your best interest to prepare as though a lawsuit will occur.

First, you need to make sure that your medical needs are taken care of. It will not do you any good to start any of the other steps if you have not ensured that your medical needs are met. In fact, it may hurt your lawsuit if you neglect your medical needs, as the defendant could argue that your injuries were increased by a failure to seek immediate medical attention.

Evidence

Published on:

Every day, thousands and thousands of people go to the grocery store or corner market to buy food and other items that they need for daily life. For the most part, these visits are the same. People enter the store, pick out the items they wish to purchase, check out at the cash register and then leave the store to go home and enjoy their purchases. However, not every visit to the grocery store is without incident, as there are dangers inherent to grocery stores, some hidden and some are more obvious.

Some may sneer at these sorts of incidents, but the fact remains that premise liability incidents occur frequently and local residents are hurt all the time as a result.

As most people know, grocery stores stock produce for customers to purchase. Most produce displays are set up in a way to be attractive to the consumer, without regard to safety. It does not take much for a piece of fruit, like a grape, to get knocked off the display and end up on the floor. Once the grape is on the floor, it becomes a slipping hazard. When a grape is squashed, it becomes slippery and may be enough to cause a customer to slip and fall.