Category: Premises Liability

Explosion at New York museum injuries 3

One volunteer and two employees suffered injuries while working at the Intrepid Sea, Air & Space Museum in New York City. The incident happened about 11:30 a.m. on July 8. The museum was already closed because of a power outage, but after a “transformer incident,” the museum decided to close for the rest of the day.

Injured in the explosion were two museum employees and a person who was volunteering there. Two of the victims, the volunteer and one employee, were transported to Weill Cornell Medical Center after suffering burn injuries to their arms. The other injured party was cared for at the scene. The seriousness of the injuries to any of the victims was not known; however, a museum spokesman said that it was as a precaution that two of the victims were transported to the hospital.

The incident happened outside on a pier that is located next to the museum. According to a spokesman for the museum, the repairs were being completed on an “outside power supply.” Con Edison reported that the museum owned the electrical equipment involved in the incident.

Burn injuries can be very serious because of the possibility of infection. In addition, scarring and disability can result. While the two employees are likely covered under workers’ compensation insurance, the volunteer may be responsible for any medical care he or she received the day of the incident or later on.

When incidents involving explosions or fires occur, the victims have a right to seek compensation for pain and suffering, medical expenses and a variety of other damages. No one should be held responsible for expenses and damages because of negligence on the part of an individual or entity.

Source: Source: CBS New York, “3 Injured In Explosion At Intrepid Sea, Air & Space Museum,” No author given, July 8, 2014

Elevator accident leads to multimillion-dollar judgment

Most people probably don’t think much about stepping into an elevator. In fact, many people are likely just glad not to have to take the stairs. However, elevator accidents do happen in New York and across the country.

In another state, a judgment was just handed down that awarded three women $2 million for injuries and damages they suffered in an elevator accident at a National Football League stadium. The accident occurred when the elevator was overloaded and plunged in a free-fall. It didn’t stop until it crashed into the bottom floor. In addition, while attempting to get the elevator back up to a location to unload its passenger, the elevator fell again.

The company that manages the stadium was found liable for the women’s injuries, which were severe. One suffered nerve compression and a herniated disc, as well as leg problems. She required surgery. Another suffered neck and knee injuries. The knee injury required surgery. The third woman also underwent surgery after suffering a bulging disc and a torn rotator cuff. The women were awarded compensation for medical expenses, lost wages and pain and suffering.

The accident occurred in 2007, with the lawsuit being filed in 2008. It took until 2012 for a judge to issue a ruling allowing the lawsuit to continue.

This was not the first time that an elevator had malfunctioned on the premises due to too many passengers on it. The judge stated that there was a “known problem” with overcrowding on the elevator.

When someone is injured in an elevator accident, either because of negligent maintenance, an overcrowding problem or other reason, the injured party has a right to seek compensation. The advice of an experienced Accident Attorney can prove valuable in determining which parties or entities can be named as defendants in such a case.

Source: WDSU 6 News, “Multi-million dollar judgment issued in Superdome elevator accident case” Andy Cunningham, Jul. 16, 2014

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