Category: Premises Liability

Snow days in New York aim to reduce accidents

This winter has been hard, and major educational institutions, like Cornell University in New York, have been forced to close for snow days. On the fifth of February, the school closed down for days, all the way until the next Wednesday, giving students two and a half days off from class. This was due to a huge winter storm that was on the way, and the school closed before it hit in order to be be ready for the impact.

On that Wednesday, they did open back up, but all did not go perfectly. The sidewalks were not yet cleared in all areas. The buses were running, but they were not out there until 9:30 a.m., just a half an hour before the school opened. This made life very difficult for some of the students who had to ride slow-moving buses as they fought through the remaining snow, and who then had to hurry to class on sidewalks that were still covered in ice and snow.

No serious injuries were reported, so it seems that Cornell’s tactics worked, though things were still hard even with the pair of snow days. The school did what it could to keep anything from happening to the hundreds of students, but this was not something that was done just to prevent injuries and promote the health of the students. The school also did it to protect themselves from lawsuits if there were any slip-and-fall accidents.

Schools, like other businesses, have an obligation to keep people safe when those people are on the school’s grounds. They must remove snow and ice or at least post signs to warn people to be careful. When a huge storm hits and there is a lot of work to be done, it is sometimes easier to tell everyone to stay home until the grounds are made safe once again.

Source: Cornell Daily Sun, “BARELY LEGAL: No Snow Day for You” Xiaoyue Sun, Feb. 21, 2014

Who is responsible for clearing slippery New York City sidewalks?

This year, New York City residents were forced to deal with a significant amount of snow. Of course, this proved to be inconvenient for people trying to navigate the logistics of the morning and afternoon commutes in the inclement weather. At the same time, the snow created danger for a number of others.

In the wake of a snowfall, property owners in New York City are generally responsible for clearing sidewalks in front of their property. Failure to do so can create slippery conditions, which poses a clear risk of injury. On the other hand, determining who is responsible for shoveling certain sections of city sidewalk might not be so clear cut.

Reports indicate that some sidewalks in Queens were neglected after recent snowfalls. As a result, they became dangerous for pedestrians. One woman found this out in the most unfortunate way possible: she slipped and fell on her way to the grocery store. As a result of the sidewalk accident, she suffered bruises and was left bleeding.

Local leaders have expressed anger and frustration over unshoveled sidewalks throughout the borough. The problem is that it’s not clear who is in charge of cleaning certain sections of sidewalk.

According to a spokesperson from the city’s Sanitation Department, no one really knows which city department should have maintained the sidewalk where the woman was hurt. The official went on to say that clearing roadways and areas surrounding fire hydrants is a priority. At the same time, is this a valid excuse for endangering pedestrians who count on safe sidewalks?

Source: New York Daily News, “Ice-covered sidewalks continue to be a hazard in parts of Queens,” Lisa L. Colangelo, Feb. 17, 2014

New York’s sidewalk sheds, scaffolding are an ubiquitous threat

Seeing scaffolding on the side of a building is often considered to be progress. Efforts to develop or redevelop property can benefit communities in a number of ways. However, a recent report shows that New York residents might be put at risk by thousands of long-term scaffolds and sidewalk sheds spread throughout the city.

The New York City Housing Authority disclosed that more than 40 miles of scaffolding occupy sidewalks as the result of residential renovation efforts. The problem is that thousands of these scaffolds and accompanying sheds have been kept up for several years and haven’t been maintained. As a result, there is serious potential for collapse-related accidents.

Residents of the buildings with the old sidewalk sheds have reported how unsafe they really are. Beyond becoming structurally unsound, sidewalk sheds have become unsanitary as the result of garbage dumping and rodent infestations in a number of cases.

City building inspectors have cited the housing authority for failure to maintain some of the dangerous properties. Reports say that officials from the housing authority have taken steps to tear down old, unsafe scaffolds and sheds. Still, dozens of precarious structures remain standing throughout the city. Ignoring the full extent of the problem, of course, doesn’t seem like a proactive or viable solution.

Property owners have an obligation to keep their property safe, particularly when maintenance and structural issues could wind up inflicting serious injuries. Ultimately, the hope is that housing officials step up to the plate and address the condition of their properties.

Source: New York Daily News, “NYC Housing Authority keeps thousands of dangerous scaffolds and sheds up for years,” Greg B. Smith, Feb. 9, 2014

Brooklyn trip-and-fall accident left woman with brain injuries

Every day, thousands of New York residents use the subway system to get to and from work. Of course, this means that transportation facilities and infrastructure must undergo regular maintenance in order for everything to remain safe. Repair efforts should also include subway stations, which every rider must pass through.

In 2008, a woman in her 60s was leaving her place of work in Brooklyn to meet her husband. As the woman was stepping onto a platform at a Williamsburg subway station, she tripped and fell down a flight of stairs. In the process, she suffered hip and head injuries.

The woman failed to see a gouge in the platform leading to the stairs, which caused her to trip. This is something that should have been addressed by maintenance officials from the Metropolitan Transit Authority. As a result of the trip-and-fall accident caused by negligent maintenance, the woman’s family filed a claim against the transit agency.

Years after the accident, the woman is still feeling the effects of her injuries. In fact, her health has declined precipitously since the incident. Immediately after falling, the woman experienced bleeding in her brain, which eventually caused seizures. Additional neurological issues have left the woman unable to communicate and made mobility very difficult.

Before the accident, the woman was still working the same manual-labor job that she had for almost two decades. She enjoyed being active, but her injuries have put an end to that.

After working through courts for several years, the woman’s personal injury claim finally received a verdict. A jury found in her favor, and the woman is expected to receive a $16 million financial reward. What likely began as an average daily commute proved to be life altering. The hope is that this outcome will help provide the woman and her loved ones with much-needed support.

Source: New York Daily News, “Bronx grandmother wins $16 million in lawsuit against MTA for subway slip,” Dareh Gregorian, Feb. 4, 2014

Man injured by exploding ‘bug bomb’ in adjacent Queens apartment

From time to time, a person might have to rely on chemicals in order to take care of a bug problem. This is something many New York City residents can probably relate to. If a person opts for a do-it-yourself fumigation rather than seeking the help of a professional, it’s important to carefully follow the instructions and warnings on whatever product is used.

Not long ago, a Queens man was startled by an explosion from his neighbor’s apartment unit that caused an adjoining stucco wall to collapse. As a result of the blast, the man suffered injuries, some of which were caused by a TV that toppled onto him. Investigators have determined the culprit: a bug bomb.

Officials from the FDNY indicated that a bug bomb was being used to eliminate pests, but a pilot light was left on in the apartment unit. Leaving an open flame during the extermination process can cause the chemicals to combust, which is what happened in this case. In light of this incident, city officials issued a warning to be careful when using fumigation products.

Thankfully, the man who suffered injuries as a result of this explosion is expected to survive. At the same time, however, whoever was responsible for the bug-extermination efforts should have been more careful. It seems as though taking a few minutes to carefully read directions could have prevented this incident.

In respect to this particular case, it may be important to determine who was responsible for using the bug bomb. Whether it was an individual resident or a property manager, one or more parties could be considered liable for the incident and subsequent damages.

Source: CBS New York, “Bug Bomb Blamed For Queens Explosion That Leaves Man Injured,” Jan. 20, 2014

Man injured by icicle falling from Manhattan rooftop

Over the last several weeks, New Yorkers have been dealing with snow and colder-than-normal temperatures. Although this has been inconvenient for many people, there are also serious safety risks associated with this. Aside from slippery roads and sidewalks, people may not consider the danger posed by icicles falling from buildings.

As a 27-year-old man was warning pedestrians in Midtown Manhattan about potentially dangerous icicles many feet overhead, he was struck by falling ice himself. Reports say that the man suffered lacerations to his face and a scratch on his eye. Bystanders even noticed blood on the ground from the incident.

The injured man was providing warnings as part of his job at the shopping center where the accident occurred. Due to his work-related injury, he may be able to receive compensation for the medical expenses or potential wages lost as a result of the injuries. At this point, there is no indication as to why the icicles hadn’t been removed from the top of the building before they became a concern.

This danger isn’t localized to this particular building in Manhattan. In fact, property owners throughout New York City should take precautions to prevent injuries related to falling icicles. Clearing icicles from rooflines could be considered regular maintenance, akin to preventing sidewalk accidents by clearing walkways of snow and ice patches. Following through on this type of task may be particularly important as temperatures fluctuate.

Ice projectiles falling from the tops of tall buildings pose a serious threat to anyone passing under them. Fortunately, the man involved in this case is expected to recover from his injuries, but other ice-related accidents could be much more serious.

Source: NYPost.com, “Falling icicle slashes man’s face in Midtown,” Natalie O’Neill and Natasha Velez, Jan. 22, 2014