Category: Blog

When someone slips and falls in a property because of a failure to keep liquid off the floor, the property owner, management company or others could be held responsible for the person’s injuries and losses. In New York, one man has filed suit against Trump World Tower and the building’s board and residents are none too happy.

The plaintiff in the case is the head of SL Green Realty Corp, Stephen Green. According to Forbes, the 76-year-old real estate mogul made almost $5.5 million last year. He lives in the building and according to the board president, he has not tried to negotiate over the incident — he simply filed the lawsuit.

While this is certainly legal, the treasurer of the board said, “For a man of his supposed financial means to bring a frivolous action against his own building and neighbors for his own clumsiness is both petty and stupid.” However, Green’s lawsuit says he suffered mentally and physically from a slip and fall accident that occurred last year outside of the gym in the building. The fall happened, according to Green, because a cleaning woman mopped the floor and didn’t put up a caution sign.

There is no information on how much Green is seeking in his lawsuit. Many in the building feel that such a suit will drain the condo resources, with the board president saying, “He should just move out of the building, because no one likes him anyway.”

Whether or not someone is liked doesn’t matter when it comes to a lawsuit. If the man was injured because of a slip and fall accident that could have been prevented, he may have a chance at a successful lawsuit. Other victims of similar incidents may also be able to pursue compensation when a slip and fall accident is due to someone’s negligence.

Source: New York Post, “Stephen Green files lawsuit against Trump World Tower“, June 23, 2014

Many New Yorkers have experienced a slip and fall and know that it’s no laughing matter. Depending on how a person falls, he or she can suffer broken bones, back and neck injuries and head trauma. These injuries can cause permanent damage to one’s body. A woman alleges that she suffered permanent injuries after falling in a local department store.

The West Virginia woman is suing Ollie’s Bargain Outlet Inc. for the slip-and-fall injuries she suffered while shopping there in June 2013. The exact amount of money she is seeking is unknown, but she hopes to be adequately compensated for past and future medical expenses as well as court costs.

During her visit to the store, the woman required assistance hauling a large truck. An employee placed the truck on a cart and while pushing it, he stopped suddenly. The abrupt stop caused the customer, who was walking behind the cart, to slip and fall. The incident caused serious injuries that will require lifelong medical treatment.

In most slip and fall cases, a person slips on water, debris or other slippery substance. In this case, however, a woman was walking behind an employee pushing a cart. Is the store still at fault simply because the employee stopped — possibly to avoid hitting a customer or display in the store?

Most likely, yes, the store can still be held liable for the customer’s injuries. Store owners and employees have a duty to keep customers safe while they are on their premises. They must always be aware of potentially dangerous conditions and ensure that the safety of the employee is the top priority.

Source: The West Virginia Record, “Woman files slip-and-fall suit against Ollie’s” Melody Dareing, Jun. 24, 2014

Woman sues for premises liability, other claims after monkey bite

When you visit a tourist attraction, you do so believing that the premises are safe. Unfortunately, that is not always the case. Our New York readers may be interested in this premises liability lawsuit occurring in another state.

On June 17, 2012, a woman was visiting a tourist attraction that consisted of several entertainment choices, as well as lodging. Part of the attraction is a rain forest exhibit. According to the lawsuit, the woman was scratched and bitten by two cotton-top tamarin monkeys.

The lawsuit states that the “plaintiff did nothing to provoke the attack and has suffered and continues to suffer significant physical and emotional pain and suffering…” However, the animal husbandry manager of the attraction says that the woman likely tried to grab one of the monkeys, getting too close. An alleged witness told police that he or she saw the woman grab for the monkey. The animal husbandry manager made statements to this effect in an interview with a local television station.

The woman is seeking punitive damages for negligent handling of an animal, premises liability and defamation. She also wants reimbursement for her medical expenses, which she states have amounted to about $20,000.

Premises liability cases can hold a negligent property owner, manager or others responsible for injuries that occur while on the property. Accidents might include slip-and-falls, escalator and elevator accidents or animal bites. As an injured party, you have a right to seek compensation through civil court. It’s important to know your rights, and an experienced New York premises liability attorney can provide advice and guidance in such matters.

Source: Courthouse News, “Woman Sues Theme Park for Monkey Bites” Cameron Langford, Jun. 18, 2014

Fire in New York traps firefighters, takes life of 1 resident

An apartment fire in Brooklyn, New York, took one life and left three others with injuries before firefighters were able to get it under control. The fire took place in the Unity Plaza Houses, which are run by the city. The six-story building, which is located on Georgia Avenue, started to burn sometime around three in the morning.

The fire quickly roared through an apartment on the second floor, and some residents were trapped on that floor. Two of them had been overcome by smoke, and they were unconscious.

Things quickly went from bad to worse when firefighters arrived, however. Some of the firefighters, who were with Ladder 103, hurried inside the building to save those who were trapped. Part of the ceiling fell down on them, though, and the firefighters also were trapped in the burning apartment complex.

One of the residents searched through the smoke for his sons and his aunt. He was able to find his boys and help them escape through a fire escape, but he was unable to get to his aunt in time. She passed away from her injuries. One of her friends, who was also on the second floor, jumped out of a window. That friend is listed as being in critical condition.

While the cause of the fire is still officially unknown, one person speculated that it could have been an electrical fire, pointing out how fast it had moved through the building.

In any case like this, determining the cause of the fire is very important for those who were injured, seeing as how they may have claim to compensation for medical bills after the fire. To determine their course of action, they need to know if the owners of the building are responsible or if there was another reason for the fire, such as arson or an accident caused by a resident.

Source: WABC, “East New York fire leaves 1 dead, 3 others hurt” Tim Fleischer, Jun. 02, 2014

Back in 2008, a woman from Vermont went with her family and some of their friends to Ticonderoga, New York, in order to watch the Fourth of July fireworks. They had been camping prior to the show. According to reports, 1,075 fireworks were used during the show, but the display did not go as planned.

The problem occurred when one of the fireworks that had been dropped into a mortar tube exploded without ever leaving the tube. This did not injure the woman, but it did knock one of the other tubes out of position so that it was aimed at the crowd. When the mortar from the tube fired, it slammed into a cooler that someone had brought and blew up.

The woman moved quickly to try to help her daughter and her friend in an attempt to protect them. However, her hand ended up slipping on the grass. Something in her hand popped, and she felt the injury right away. It was later determined that she had a torn collateral ligament.

The woman then filed lawsuits for both product liability and negligence. This was tossed out at first, but the Third Department New York Appellate Division, which is based in Albany, recently ruled that she could keep pursuing the negligence claim if she so desired. This opens the door for her to get compensation for her surgery.

This case shows that those who are injured may have a right to a premises liability lawsuit, even if they are in an outdoor, public area, depending on whether or not it can be shown that negligence was the reason for an injury in that area.

Source: Courthouse News Service, “Woman Can Pursue Fireworks Injury Claim” Jeff D. Gorman, May. 28, 2014