12 - 2013 | Daniella Levi & Associates P.C.

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NY Fatal Elevator Accident: Law Enforcement Investigates Safety Issues

Written on December 13, 2013. Posted in Blog, Premises Liability.

Law enforcement investigates fatal Manhattan elevator accident

Property owners and managers have a responsibility to keep their buildings up to date on safety codes by maintenance and repairs as needed. Failure to uphold this duty can create unsafe property conditions.

Investigators are looking into an elevator-related accident that killed one man and injured another in New York City. According to reports, a man fell to his death down an elevator shaft. Details at the time of initial reports were sparing, but a report from the Department of Buildings says that the elevator shaft was unguarded. A second man was rushed from the building to receive treatment for injuries.

Authorities plan to conduct a full investigation into this incident. There is no indication where the man fell from or how he fell. In the end, the results of the investigation could provide insight into whether negligent maintenance played a role in this incident.

Clear details of the accident will not only be beneficial for the relatives of the man who died, but also for the man who suffered trauma at the 12-story building.

Regularly maintaining a property can help uncover serious safety issues, which can allow property owners the opportunity to make repairs and prevent serious injuries. In cases where safety issues are neglected and lead to injuries, then it may be possible to hold property owners accountable with a premises liability claim.

Every accident is unique and this particular case is no different. As details of this incident emerge, it will become much clearer as to how it can be rectified.

Source: New York Daily News, “Man dies after falling down elevator shaft in Manhattan office building,” Thomas Tracy, Dec. 4, 2013

Preventing Black Friday Fight Injury: What Can Retailers Do?

Written on December 5, 2013. Posted in Blog, Premises Liability.

Could retailers have done more to prevent Black Friday fights?

For many families, going shopping during the Thanksgiving holiday has become just as a much of a tradition as carving a turkey. Thousands of shoppers flock to retail stores to find great deals. Every year, however, it’s almost expected that some bargain hunters will be hurt in the chaos that ensues when sales begin. Knowing this, should stores be providing more security to help protect patrons?

Unfortunately, this year’s Black Friday was no different: Throughout the country people were hurt as they were simply trying to save some money on holiday gifts.

For example, three people were involved in a fight at a Wal-Mart store after other customers were attempting to budge in line. Additionally, a police officer was also injured in this altercation.

Interestingly enough, these types of incidents seem to happen year after year. Stores know that hundreds, maybe thousands, of customers could be trying to bust through the doors as soon as they open. As such, they should be prepared to have enough security on hand to help maintain order by preventing customers from cutting in line or harming other customers.

If stores fail to have enough personnel on hand to control crowds of shoppers, there could be questions about negligent security. Because Black Friday is an annual event everyone can expect, stores have a duty to be prepared and help protect their customers.

The hope is that someday people will be able to read news reports the day after Black Friday without seeing that people were caught up in brawls while they were trying to shop. Until that time comes, customers should know that they might be protected by New York’s premises liability laws.

Source: NBC News, “Violence flares as shoppers slug it out for the best Black Friday deals,” Henry Austin, Nov. 29, 2013

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Safety Issues: Concern over Multiple Injuries from Sport Stadium Falls

Written on December 4, 2013. Posted in Blog, Premises Liability.

Streak of fall injuries at sports stadiums raises concerns

Attending a professional or college sports game can be an incredible experience. Between the action on the field of play and the excitement of thousands in the stands, there is a lot fun to be had. However, a pattern of fall accidents at sports stadiums throughout the country this year might have people wondering just how serious fan safety is taken at the facilities.

This year, at least five fans have been injured or died as the result of injuries sustained of while falling at a football stadium. For example, a New York football fan injured himself and another spectator when he slid down a railing at the Buffalo Bills’ Ralph Wilson Stadium.

Furthermore, when looking at fall incidents at Major League Baseball parks since 1969, a total of 23 people have died. In fact, three of those deaths occurred at New York’s Shea Stadium.

One observer notes that there seems to be a connection between the growing size of stadiums with the frequency and severity of fall accidents. As the arenas grow in size, so do the heights from which spectators can fall. Falling down a large stairwell, for instance, could certainly cause a catastrophic injury.

Keeping in mind the size of today’s sports stadiums, those who manage and maintain the property should keep safety efforts in mind. For example, after two fans fell from the outfield bleachers of the Rangers Ballpark in Texas, adjustments were made to guardrails.

If a fall accident on the premises of a stadium is caused by inadequate or improperly maintained safety features, then the property owners and managers could be held accountable. Sports fans attend games with the expectation of being entertained, rather than winding up in the hospital with a serious injury.

Source: Atlanta Daily World, “Stadium Deaths: What’s Behind the Fatal Falls?” Tom Watkins and Lateef Mungin, Nov. 26, 2013

Month: December 2013