Year: 2015

Numerous people suffer personal injury every year due to conditions on public property in New York. People who are injured may be unaware that they might be able to recover damages for any injuries received from the governmental agency that owns the property.

Government agencies once held broad immunity in the event a person was injured on government-owned land. Prior to the Federal Tort Claims Act of 1946, people who were injured due to the negligence of government employees had no recourse. Now, local, state, county and federal government employees and agencies may face liability for personal injuries occurring on their property if certain circumstances apply.

Typically, property owners owe a duty of care to people who are on their property. The duty will vary depending on why the other person is there. Governmental bodies may still enjoy a lowered duty of care to people who are using a maintained property. Many injuries occur on sidewalks or in public parks due to conditions that are known hazards and, as such, should have been repaired.

An individual who is seriously injured due to problematic conditions existing on public property may be able to recover compensation for his or her loss through a premises liability lawsuit. As governmental immunity is often asserted and may be a sticking point in such cases, people who have been injured under such circumstances may find it beneficial to seek out the help of a Accident Attorney who is familiar with the limits of governmental immunity. If successful, injured victims might be able to receive compensation for medical expenses, ongoing treatment needs, lost income and other damages categories.

Elevator accidents can cause injuries and death

Many people in New York City use elevators everyday without thinking about the potential risks. If an elevator is poorly maintained, occupants could be exposed to hazards that could lead to injury and death. According to the U.S. Bureau of Labor Statistics, 27 people die in elevator accidents every year while 10,200 people suffer from nonfatal elevator injuries.

An elevator accident may happen because of a number of different problems. For example, a malfunctioning pulley system or another defect could cause an elevator to suddenly drop to the bottom of the shaft. Faulty doors on an elevator could also pose a risk to elevator passengers by exposing them to falls through an open shaft. There are also cases where faulty wiring could make elevator occupants vulnerable to electrocution. Trip-and-fall accidents can occur if the elevator does not line up properly with each floor.

Statistics gathered by the U.S. Labor Department’s Census of Fatal Occupational Injuries has shown that half of the fatal elevator accidents that take place each year involve elevator maintenance workers and workers who use elevators at their jobs. Half of those fatal accidents involved the victim falling into the elevator shaft.

A person who has been injured while using an elevator might have a case for filing a premises liability claim. To present a strong claim, the plaintiff might need to gather evidence that suggests that the property owner was negligent in their responsibility to maintain a safe elevator. Many plaintiffs in this type of case choose to seek help from an attorney.

Source: Consumer Watch, “Elevators“, January 08, 2010