Category: Premises Liability

Family vacations are supposed to be adventures. These trips are where memories are made. From the flat tire that had to be fixed in the middle of nowhere to the time little Jimmy got car sick all over his sister. These moments may seem miserable at the time, but they are the fodder for stories around holiday tables for years to come.

Generally, these stories have happy ending, but this was not the case for a family that recently took a Florida vacation to a Disney resort. Families across the country watched the story unfold, from a little boy playing in the shores of a lagoon to a father’s desperate attempt to free the child from an alligator’s grasp.

The tragic story brings hard questions, the most pressing: When is a hotel or resort liable for an accident on its property?

Hotels, resorts and other areas that request payment for patrons to enter their grounds have a duty to provide a safe environment for guests. Similar responsibilities also extend to places that offer long term living accommodations, such as hotels and condominium communities.

Whether or not a hotel, resort, condominium community or apartment complex is liable for injuries that occur on their property depend on the details of the accident.

Some questions that help determine liability include:

Was the owner aware of a danger?

If the danger is known, the owner is generally required to take certain steps to protect guests. This can include putting up barriers like a fence or removing the danger.

Was the guest aware of the danger?

Additional precautions may be required if the danger is not something that would be obvious to the guest. When it comes to exotic locations designed to attract tourists, like a tropical lagoon at a Florida resort, signs explaining the danger may be appropriate. Similar precautions may be necessary when it comes to a slippery surface that may not be readily apparent at a retail or grocery store.

Was the danger natural?

Another consideration is whether the danger was natural or manmade. Additional precautions are generally required when a danger is manmade. This can fall into a legal realm known as attractive nuisances, particularly when children are involved. An example could involve a pile of dirt or debris from a construction project.

These are just a few of the many questions that are asked when a premises liability issue is present. The answers that go along with these questions may support moving forward with a lawsuit against the owner.

Stairways must meet certain requirements

Stairways pose a unique hazard for people who traverse them because of the uneven surface. All stairways must meet certain requirements in order to meet the building codes. When any of the requirements aren’t present, it is possible for someone using the stairs to fall and suffer an injury.

Narrow stairways aren’t permissible according to building codes. Instead, stairways must be a minimum of 36 inches wide. Handrails must be present on the stairway. These mustn’t stand out more than 4.5 inches from the wall. The distance from the wall to outer edge of the handrail does affect the width of the stairway. If there is only one handrail, the stairway clearance from the edge of the handrail to the opposite wall must be at least 31.5 inches. From handrail to handrail must be at least 27 inches if there is a handrail in each side of the stairs.

Even the depth of the stair treads and the height of the risers must meet certain standards. The stair tread depth must be at least 10 inches. The tread depth must be fairly consistent throughout the flight of stairs. The widest tread depth mustn’t be more than 3/8 inch wider than the smallest thread depth.

The riser height for stairs mustn’t be greater than 7.75 inches. The variation of the riser heights must be no more than 3/8 inches from highest riser to shortest riser.

Other codes dictate landing structures and other stair design elements. If you were injured on a stairway, looking into the code compliance factors might unearth a violation that you can use in your claim for compensation.

Source: Stairway Manufacturers’ Association, “Visual Interpretation Of The International Residential Code,” accessed June 16, 2016

Falls on sidewalks can lead to very serious injuries

Walking on the sidewalk is something that most of us do without any thought. For some people, walking on the sidewalk turns into a huge mistake because they end up having an accident due to a hazardous condition. We know that you never expected to end up injured because you decide to walk somewhere. When that does happen, you need to be aware of your right to seek compensation.

There are many reasons why a trip and fall might occur on a sidewalk. The sidewalk might be broken or uneven. It might be slippery or cracked. The issue with these hazards comes when pedestrians aren’t warned of the hazards, especially if the hazard should have been plainly obvious to the owner of the sidewalk.

The severity and type of injuries that occur in these accidents can vary. You might suffer from a broken bone, a hit to the head, a twisted ankle or knee or several other injuries. In some cases, those injuries might necessitate that you seek medical care. Severe injuries might require hospitalization, surgery, time off of work or long-term medical care. All of that can affect your finances in a negative manner.

We have to determine who is liable for the accident so that we can determine who we need to seek compensation from. In some cases, the answer to that point might be an insurance company that holds the policy covering the portion of the sidewalk in question. If that is the case, we will represent your side of the case to seek the maximum settlement that we can.

4-year-old boy falls 50 feet down service elevator shaft

The most expensive parking garage at Park Slope’s in Brooklyn, New York, was the site of a horrifying tragedy on May 26, after a 4-year-old fell down a service elevator shaft. It’s estimated that the boy fell 50 feet to his death.

The spots in the garage are selling for almost $300,000 and the elevator is seldom used. However, on that day, an attendant was taking the boy and his parent to the third floor of the garage in the elevator. The boy slipped through a gap between the wall and the elevator that was about 10-inches wide.

The garage, which is owned by Howard Pronsky of Berman Reality, has a long, sordid history of bad maintenance and upkeep on its elevator. In 2014, the NYC Department of Buildings was cited for not fixing elevator defects that were found by city inspectors two years prior. A $1,000 fine was paid in Nov. 2014, when the elevator was not up to code.

The parking garage is listed on several real-estate websites as one that is a “safe and convenient indoor facility” that has a “courteous and professional staff of full time attendants is there for you 24 hours a day, 365 days a year.”

Elevators are required to be inspected by New York City code. It is not known if this particular elevator eventually passed inspection.

When you are injured or someone you love is killed because of a defective elevator, you have a right to seek compensation. An experienced premises liability lawyer can explain your legal options for pursuing compensation for medical bills, lost wages, pain and suffering, final expenses and much more.

Source: Park Slope Patch, “Park Slope 4-Year-Old Dies in Horrific Elevator Accident at Luxury Parking Garage,” Simone Wilson, May 27, 2016

Even an elevator tragedy didn’t motivate lawmakers

You might recall that on New Year’s Eve, an elevator accident took the life of a young man on the Lower East Side. The 25-year-old was in an elevator when it stalled between the second and third floors of an apparently building.

The man helped a woman get out of the elevator, pushing her up and out. But then the elevator dropped. News reports said the man was crushed between the elevator roof and a building floor.

Yet even that tragedy has failed to motivate lawmakers who have before them a bill that proponents say would make elevators throughout New York safer.

The Elevator Safety Act got some attention from legislators in the wake of the tragedy, but the state’s website says the bill is still in committee, more than 4 months later.

Assemblyman Keith Wright – one of the bill’s sponsors – said, “It is shocking and unthinkable that New York State doesn’t do everything possible to protect the safety of its residents.”

The bill is straightforward, requiring “the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices.” A spokesperson for the International Union of Elevator Constructors said training is currently required by law, but that the type of training is not specified.

Injuries caused by a faulty elevator or escalator can be devastating, and as everyone saw on New Year’s Eve, those injuries can even be fatal. Families who have lost a loved one can speak with an experienced attorney about pursuit of justice and holding those who are responsible financially accountable.

New rule aims to keep customers safe from carbon monoxide in NY

Whether a grocery store, department store, office complex or hospital, businesses are required to provide those that enter their buildings with a safe environment. There are a number of regulations and ordinances in place designed to help better ensure that patrons are properly protected. The Department of State recently passed an additional measure to offer further protection.

This new measure deals specifically with carbon monoxide. Carbon monoxide is an odorless gas that can lead to serious problems, and even death, if inhaled. The gas can be detected with carbon monoxide detectors, which set of an alarm when the gas is present, alerting anyone that may be in the vicinity of the potential danger. This specific measure requires that commercial buildings install and maintain carbon monoxide devices.

Is carbon monoxide poisoning really a problem?

The Department of State reports that there are an estimated 450 hospitalizations connected to carbon monoxide poisoning in New York State each year. Of these hospitalizations, 55 result in fatalities.

What types of buildings are included?

The rule requires commercial buildings to comply with the carbon monoxide detector requirement. The definition is broad, requiring both those owned by private parties and municipalities. The rule specifically includes schools that meet certain qualifications but exempts buildings that are “only occupied occasionally and only for building or equipment maintenance.”

When does the rule go into effect?

The rule is scheduled to go into effect in two different waves, depending on the type of commercial building. Those that are considered new construction are required to comply with the rule upon construction. Existing buildings, defined as buildings that were constructed before December 31, 2015, are required to come into compliance by June 27, 2016.