Category: Blog

Banana Peel Challenge illustrates dangers of slip-and-fall accidents

It’s meant to be a joke. A new craze taking over the Internet involves teens testing out just how slippery a banana peel can be. The answer: pretty darn slippery. Law school students throughout the country can agree with this sentiment as almost every student learns about slip-and-fall cases through the study of a classic case involving a banana peel and an unsuspecting patron at a train station. Unfortunately, the banana peel incident in this case does not end in laughter – and if teens aren’t careful with this new craze the currently popular #bananapeelchallenge could become a not so fun #traumaticbraininjury.

What makes a slip-and-fall accident dangerous?

These accidents are dangerous as they generally involve unsuspecting individuals. This unsuspecting person steps on something that is supposed to be safe and secure, but is not. As a result, balance is lost and the person takes a fall, potentially suffering from serious injuries. This can happen on a slick spot within a retail store, on stairs that do not have proper treading or when someone steps on a slippery object…like a banana peel.

Who is responsible for these accidents?

In the case of #bananapeelchallenge the responsible party is generally a teenager that just doesn’t know any better. However, this challenge does provide an opportunity to discuss actual slip-and-fall cases, which are no laughing matter. In these instances, property owners may be liable for the accident.

Property owners, including store owners, retailers and other business owners, are required to provide their patrons with a safe environment. If this is not done and a guest is injured, that customer may have the right to hold the property owner responsible for the accident through a personal injury suit. This could lead to compensation to help cover the costs associated with the accident.

Courts set high bar for finding government negligence

There was a time when suing the government for injuries suffered due to slips, trips or falls in public areas was a non-starter. The theory of sovereign immunity made such claims nearly impossible to pursue. As we noted in a post last year, however, that changed with passage of the Federal Tort Claims Act.

That act makes it possible for government employees and agencies in New York and across the country to be held accountable for negligence that results in individuals being hurt. If the injury was due to a known hazard on a sidewalk or another public area, liability may attach. But not always, as a recent case out of New Jersey shows.

As reported by NJ1015.com, the case centers on a fall in 2011 in which a woman suffered injuries to a wrist and knee. The injuries were so severe that she required surgery and underwent six months of physical therapy.

According to court records, she was crossing a street from her parked car when she stumbled in a depression. The chasm ran the entire length of the block and was 28 inches long, 8 inches wide and at least 3 inches deep where the woman fell.

The record further shows that public works officials knew about the problem as far back as 2008. They also agreed at trial that it posed a threat to pedestrians. Still, the trial judge and an appeals court ruled against the woman in her quest for compensation.

Judges pointed to the fact that the woman had essentially jaywalked from her car as one reason for rejecting her claim. The implication was that she should have walked to a crosswalk before crossing the street.

Ultimately, the courts ruled that the road’s condition, while dangerous, didn’t rise to being “palpably unreasonable” because cars could drive on it safely.

It’s important to note that no two cases are alike and the outcome of one does not predict the outcome of another. A free consultation with experienced legal counsel is how to assess if you have a case.

History at Queens spa raises question about safety

Spa Castle in Queens is reportedly open once again. The popular recreation facility in College Point shuttered its doors for a time last month under orders from the Health Department. That action followed the near drowning of a 6-year-old girl in one of the spa’s pools back in February.

According to officials, suction in the pool was so strong that the child got pulled under the water and was held there by her hair. Further, investigators said that surveillance video showing the incident also reveals that the security at the operation was lacking. Spa staff failed to take adequate measures to try to resuscitate the girl before she was hospitalized.

In ordering the spa closed, the Health Department said it found the facility to be in violation of safety standards. It said it would remain closed pending approval of a new safety plan by the city. A March 10 letter from the spa’s CEO says efforts were underway then to get most of the facility up and running again by the middle of last month.

This isn’t the first time concerns have been raised about safety at the facility. It reportedly has been cited before for having an out-of-date safety plan and failing to have adequate pool supervisors on staff.

Security is something commercial property owner owes to patrons. When that duty is not met due to negligence and events lead to a serious injury or death, a claim for negligent security might be justified.

If you have been the victim of suspected negligent security, you should take action to understand your rights and seek compensation if it’s appropriate. Initial consultation with an attorney doesn’t cost anything, so that need not be a concern.

Bronx man dies in elevator after authorities fail to fix it

More details have emerged about the breakdown in communication that seems to have led to the death of an elderly Bronx man in an elevator accident late last year. A report by WCBS-TV suggests that the New York Public Housing Authority failed to take a complaint that the elevator needed repairs seriously enough.

Last Dec. 24, a resident of the building, a public housing development maintained by NYCHA, called the agency to report that the doors on one of the elevators were not closing, but the elevators was “jumping” up and down anyway.

According to an investigation later made by the city, NYCHA should have dispatched a mechanic immediately, but that did not happen. Instead, investigators discovered, the secretary who took the call did not stay to make sure a supervisor got the message. Because of that, and probably the Christmas holiday, it was four days before any senior management at NYCHA learned about it.

Before then, an 84-year-old man tried to enter the malfunctioning elevator. He fell and later died in the hospital as a result.

The problem with the elevator turned out to be a faulty brake monitor, which failed to stop the elevator despite its bad brakes. NYCHA has said it was “aggressively investigating several workers” and promised “consequences” for those responsible. It is also implementing retraining to avoid future reports of elevator problems from falling through the cracks.

When a building has a hidden trap, such as a malfunctioning elevator, it is up to the owner to fix it or warn people about it. Failure to do either can make the owner liable for any injuries the defect causes.

How long do you have to file a premises liability claim?

If considering a premises liability or injury claim, it is important to act quickly. After an accident, an injured party could risk losing available legal options if he or she allows the statute of limitations to expire. A statute of limitations provides a deadline within which a particular legal claim must be initiated. When there is concern regarding the validity or timeline of a possible premises liability claim, it is best to seek an evaluation from an attorney.

The time limit or statute of limitations for a specific case in New York depends on state laws and the specific details of the accident. If the victim is a minor at the time of the accident, the time limit may begin upon the victim’s 18th birthday (excluding wrongful death cases). By acting quickly after an accident, it will allow ample time to prepare the claim and gather evidence.

Through a civil claim, the injured party or the family of a deceased individual can seek compensation for monetary damages that occurred because of negligent or dangerous conditions. Claimants may find it more difficult to validate a lawsuit after several years, but it is always worthwhile to fully explore the possibility of financial recompense. The statute of limitations for a premises liability claim in New York is generally three years from the date of the injuries or the accident which caused them. There are exceptions, particularly with regard to claims against the state of New York.

As state laws regarding injury claims change quite frequently, it is best to seek an individual case evaluation. This process can reveal specific possibilities for a successful premises liability claim. After an injury, it can be overwhelming to face the recovery process, medical bills and emotional trauma in addition to a legal claim. Fortunately, victims do not have to face this alone. To avoid conflict with the statute of limitations, it is best to get deserved assistance promptly.

Source: Findlaw, “Time Limits to Bring a Case: The “Statute of Limitations“”, Accessed on Feb 9, 2015

Regardless of the precautions taken, the negligence of others may lead to your serious injury. For example, an injury may occur because of reasons out due to lack of maintenance and upkeep of a property or the creation of dangerous conditions such as hidden traps etc. Here are a few important steps to follow if you decide to file a slip and fall lawsuit.

1. Recall & record everything that happened.

You will need all of this information when you consult your attorney and doctor. Take pictures of the area where you fell and its surroundings-namely, the hazards that may have contributed to your fall such as icy patches, a faulty staircase (and the particular step that made you fall) or a poorly maintained railing. Important facts that should be included in your written report are:

• What caused the fall?
• Where exactly did you fall?
• Were there dangerous conditions? If so, what were they?
• Were there visible or hidden hazards that contributed to your fall? Take note of them.
• Were warning signs present to alert of people of potential danger?

2. Report the accident.

Wherever you fall, you should put in a report and ask for a copy before you leave. If the incident occurred in a business such as a store, report it to the manager. If it was on private property, report it to either the landlord or the homeowner. If you injury is serious enough that you need to go to the hospital, it is best if you have the ambulance pick you up from the location.

3. Promptly make a doctor’s appointment.

Even if the injury sustained is minor, still visit your doctor to get a proper check up. He or she may need to take x-rays or perform other tests. Be sure to provide accurate and truthful details on what happened so that he or she can provide an accurate report, diagnosis and treatment options as needed.

4. Hire an experienced attorney.

If you slipped and fell due to someone else’s negligence, having an attorney by your side is vital. You need someone to help you navigate through the legal system and to fight for you to recover compensation for your medical treatments or lost wages. The expert attorneys at Daniella Levi & Associates, P.C. can help you with your case.

Remember to always be aware of your surroundings. If you do find yourself in a slip and fall accident, having the right kind of Accident Attorney on your side can make all the difference in your settlement. Come in today for a FREE consultation or give us a call at (718)-380-1010.