Category: Premises Liability

What Are My Legal Rights if a Ceiling Falls on Me in NYC?

Signs of a ceiling about to collapse should never be taken lightly. If you notice brown spots, cracks, or missing pieces of plaster on your ceiling, you should notify your landlord immediately, as a ceiling collapse can lead to devastating injuries and should be avoided at all costs.

Here’s the deal. If you’re renting your property, your landlord is responsible for its integrity. As a tenant, you have the right to a well-maintained property and safe living conditions. Therefore,, your landlord has to keep your property in a secure condition.

Yet, as unthinkable as they may seem, ceiling collapses happen. The good news is that legal rights protect you for when it does. Read on to find out about your legal alternatives and what to do right after the incident.

What Causes a Ceiling Collapse?

Several factors can lead to a ceiling collapse, but the most common causing factor seems to be negligence. A significant amount of carelessness in conjunction with one or more of the following reasons is the recipe for disaster:

• Neglecting leaky pipes.
• Ignoring the possible signs of structural damage (cracks, brown spots, etc.).
• Failure to execute regular inspections and repairs.
• Hiring unqualified labor for building construction and maintenance.
• Structural damage caused by unprofessional work or inadequate materials.
• Failing to address rat or insect infestations that compromise the ceiling’s structural integrity.

Who is Liable?

Ceiling collapse lawsuits can often become complicated. This is why it is essential to contact a specialized attorney as soon as it happens to you. Your attorney will help you determine whether you have a valid claim, and who is responsible.

Further, depending on the situation leading up to the structural damage, anyone from your landlord and property manager to the construction company may be liable. Your attorney will investigate your incident and determine who’s at fault.

What To Do Right After a Ceiling Collapse?

Taking the correct steps right after you suffered a ceiling collapse is essential for your case. Provided that you are able, this is what you should do:

• Take clear pictures of the collapsed ceiling immediately.
• Seek out a medical consultation, even if your injuries don’t seem severe.
• Make a list of all the times you’ve previously complained to your building manager about ceiling cracks, leaks, brown spots, or other related concerns.
• Contact Daniella Levi & Associates for a free consultation.

While every ceiling collapse incident is unique, these steps will leave you with the most legal alternatives in each individual case. Even if your injuries are minor, calling a specialized attorney is detrimental.

Your attorney will be able to inspect your ceiling collapse’s circumstances, determine whether you have a valid claim, and fight for your rights in court afterward.

You might not have sustained severe injuries if you were lucky, but you might not be so lucky the next time. Your attorney will make sure that there’s no next time, and that the property will be repaired to a secure condition.

Contact an Experienced Personal Injury Attorney for a Free Consultation

If you suffered injuries resulting from a ceiling collapse, you might be eligible to obtain financial support for your lost wages, and medical expenses. But, you need a lawyer to assess your case and help you navigate the legal process.

Our attorneys at Daniella Levi & Associates are equipped with the expertise to help you through these difficult proceedings. Call us today and book a free consultation with our attorneys who specialize in ceiling collapse cases.

Remember, that the consultation is free, but our advice is priceless.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

Problems can sometimes come up in connection to sidewalk sheds

Things designed to help with one type of safety problem can sometimes give rise to their own unique problems. Take sidewalk sheds for example. These structures, also referred to as sidewalk scaffolding, can play a very important role in keeping pedestrians safe from falling objects when construction is being done on a building or there is a significant problem with a building’s facade. Given how harmful falling object accidents can be, preventing them can be critical.

However, there are certain things that could cause sidewalks sheds to go from being an important safety protection to a generator of significant problems.

One is if such sheds aren’t kept in proper repair. When a sidewalk shed isn’t adequately maintained, various safety risks could come up in connection to it, such as risks of the shed collapsing or risks of the shed creating tripping hazards. So, it can be critical for pedestrian safety for building owners who put up a sidewalk shed in connection to construction or repair work on their building to make sure to keep the shed in a safe condition.

Another thing that could cause problems to arise in connection to a sidewalk shed is if the shed is left up for too long. Sidewalk sheds can have the potential to be an eyesore, contribute to sidewalk congestion and be an attractor for things such as garbage. So, there are a variety of different aesthetic, community annoyance and safety problems that could possibly be created when a sidewalk shed ends up in place far longer than it has to be.

Currently, there is no direct deadline put in place on building owners regarding removing sidewalk sheds here in New York City. However, this could end up changing. A bill is being introduced to New York’s City Council that would put such a deadline in place when it comes to sidewalk sheds put up in connection to issues with a building’s facade.

Do you think there should be a deadline on sidewalk sheds in the city? What impacts do you think this bill, if passed, would have on sidewalk safety, pedestrians and communities here in New York City?

Source: The New York Times, “Sidewalk Scaffolding, the Unwanted Neighbor, Is Under Scrutiny,” Winnie Hu, Dec. 5, 2016

Slip-and-fall accidents and the statute of limitations

While some people in New York are looking forward to a winter wonderland during this holiday season, they must keep in mind that ice and snow pose dangers not just to drivers on the roadways, but also to pedestrians walking on the streets and sidewalks. One slip-and-fall accident can lead to serious injuries, perhaps necessitating a lengthy hospital stay and extensive rehabilitation.

When a person is injured in a slip-and-fall accident, their main priority is healing from their injuries. However, as the medical bills mount and they are unable to go to work, their finances may soon be stretched tight. When this happens, they may want to pursue a personal injury lawsuit to seek compensation for the damages suffered.

In some cases, a property owner’s negligence can contribute to a slip-and-fall accident. For example, in some cases, a store owner may have a duty to clear ice from the sidewalk in front of her store. If she breaches that duty, and someone is injured as a result, the injured may be entitled to compensation.

The injured should keep in mind that they only have a limited time in which to file a lawsuit seeking compensation. This time limit is known as the statute of limitations. It is a law that, basically, dictates how long after an event a person has to file a lawsuit. After the statute of limitations has passed, it is no longer possible for a person to bring a lawsuit based on that incident.

In New York, when it comes to slip-and-fall lawsuits, the person has three years starting from when the accident occurred to file a lawsuit. For example, if a person slipped on an icy sidewalk, and injured his or her knee and back, that person only has three years from the date that he or she slipped on the sidewalk to seek damages in connection to the injuries he or she suffered in the incident/ An attorney familiar with sidewalk accidents and falls can help explain how the law may apply in to your circumstances.

Trees and Sidewalk Safety

Many things could potentially create tripping hazards out on sidewalks. Among these are trees and where their roots end up growing. This can be seen in complaints a woman in Brooklyn has leveled regarding a city-planted tree near her home.

Purportedly, the roots of this elm tree have lifted some of the concrete on the sidewalk outside the woman’s home up around two or three inches. The woman has expressed multiple concerns about this, including:

• Safety concerns: The woman says there have been tripping incidents in relation to a raised edge created by the lifted concrete. Reportedly, the woman has put paint on the edge to try to make it more visible to people.
• Security concerns: The raised edge purportedly has made it so the woman can no longer fully close the security gate that leads to her home.
• Legal-related concerns: The woman has expressed worry that the raised concrete might result in accidents that expose her to litigation.

According to the woman, she has made complaints to the city asking it to address the tree and the problems the tree has created. A spokesperson with the city has said that there is a work order out on the site and that the site is on a wait list for repairs. One wonders what the city will end up doing regarding the tree.

The fact that sidewalk dangers can come from many sources can create a range of challenges. As the above story points to, this can include challenges related to keeping sidewalks safe. What sorts of efforts would you like to see New York City take to ensure its conduct, including conduct related to city-planted trees, isn’t resulting in tripping hazards out on sidewalks in the city?

The wide range of potential causes of sidewalk dangers can also create some compensation-related difficulties for individuals hurt as a result of tripping due to a dangerous condition on a sidewalk. It could make it challenging to determine what specifically caused the danger, which could create uncertainty regarding what particular legal options the victim might have in relation to the tripping accident. Skilled attorneys can help such individuals look for evidence that could help add clarity to the situation when it is unclear what caused the accident. Such attorneys can also help tripping accident victims when difficult legal issues come up regarding their efforts to be compensated for their injuries.

Moving walkways: The future of urban transportation?

Anyone who regularly travels by air has likely encountered their share of moving sidewalks. However, outside of airports and a few other contexts, these walkways aren’t a major part of everyday transportation. Might this change in the future?

A recent study done by a research team in Switzerland looked at the potential of moving walkways to serve as an alternative to automobile travel in urban centers. In the study, researchers designed a moving sidewalk system for the Swiss city of Geneva in which moving walkways would replace roads on primary travel routes in the city. The study also estimated the potential capacity of urban moving sidewalks to be 7,000 passengers an hour.

According to the researchers, moving sidewalks could potentially provide a transportation method in urban centers that could avoid some of the problems that motor vehicle travel can pose in such areas.

Of course, bringing moving sidewalks into the urban transportation picture wouldn’t be without its challenges. It would require some major changes in cities. For one, infrastructure changes would be needed, which could be quite expensive. The researchers also noted that culture changes would be needed for such walkways to be accepted as a form of urban travel.

Do you think moving walkways could someday be a major element of travel in big cities, like here in New York City? Would you like to see such walkways available as a transportation option in big cities? What do you think the biggest upsides and downsides would be of using moving sidewalks for urban travel?

Now, like regular sidewalks and any other device designed to handle walking traffic, moving sidewalks could pose safety challenges to walkers when they aren’t adequately maintained. So, how well-maintained moving walkways are is an incredibly impactful thing. This is not only the case for the possible moving walkways of the future, but for the walkways that are currently out there, like moving walkways at airports. Skilled premises liability attorneys can provide individuals who suffered injuries while on a moving walkway that wasn’t properly maintained with explanations of their available legal options.

Source: Seeker, “Fast-Moving Sidewalks Could Shuttle 7K City Dwellers per Hour,” Tracy Staedter, Nov. 28, 2016

Handrails can play a key role in preventing falls

Older individuals can be susceptible to falls. Seniors can suffer serious injuries when they fall. There are many things that can impact a senior’s fall risk in a certain area. One is the handrail situation in that area. Properly placed handrails are among the things that can help seniors avoid falls during activities such as walking and going from floor to floor.

So, when trying to fall-proof a home, among the things it can be important for elderly individuals or their caregivers to give appropriate attention to are handrails and where to have them installed. The handrail situation in a home’s stairways can be particularly impactful. Depending on the specifics of an elderly individual and their home, there could also be other areas (such as certain walkways) where having handrails could be very helpful. As a note, when it comes to handrails in stairways or walkways in the home of a senior, having the handrails present on both sides can be helpful in fall prevention.

Now, their home is not the only place where what sorts of handrails are present can be impactful for a senior. How places like stores, businesses, hospitals, elder care facilities and restaurants act when it comes to where they put handrails and the maintenance and repair of the handrails present in their stairways and other areas can have big ramifications for the safety of elderly visitors, and visitors of any age for that matter. Handrail-related negligence at such places could lead to serious fall accidents.

In your opinion, how good of a job are businesses and other organizations here in New York City doing when it comes to providing visitors with safe handrails in stairways and other areas on their premises?

Source: NIHSeniorHealth, “Falls and Older Adults – Fall Proofing Your Home,” Accessed Nov. 28, 2016