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Blog / Premises Liability

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New York City woman awarded $4 million after being injured by fallen tree branch

People in New York City and beyond expect that homeowners, business owners and city officials are doing what they can to keep people safe. However, accidents happen. Fortunately, when someone suffers an injury caused by falling merchandise or other overhead hazards he or she may be awarded compensation through a personal injury lawsuit. Earlier this year, a 29-year-old social worker was awarded $4 million after she suffered serious injuries from a fallen tree limb. The accident happened in 2007 in Stuyvesant Square Park in Manhattan. The woman was sitting under an 80-foot tree when a limb fell 30 feet and landed on top of her. The woman sued the city of New York, and her lawyers placed blame on parks workers who failed to notice that the tree was rotting. The city, however, claimed that they were not responsible for the accident since they are not required to perform “state-of-the-art inspections” on city trees. The 29-year-old woman is not the only person to be injured by falling tree limbs. In the last 10 years, nine other people have sued New York City for deaths or injuries caused by fallen tree branches. This story serves as a reminder that accident victims are often able to pursue legal action against negligent parties. Those who have been hurt because of another party’s carelessness would be wise to contact an experienced personal injury attorney. An attorney will work hard to get them the compensation they deserve. After all, people who are injured often must endure multiple surgeries, lengthy hospital stays and rehabilitation. They should not also have to suffer financial setbacks. Source: NBC New York, “ City Pays Millions to Settle Claims Over Rotting Trees,” May 14, 2012 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Woman killed in New York City elevator accident

One New York City woman went to work last week expecting to arrive back home safely, but a freak elevator accident claimed her life. The incident occurred on Dec. 14 around 10 a.m. when the 41-year-old woman was on her way work. She arrived at her office building along Madison Avenue, but as she attempted to get into the elevator, the doors closed on her and the elevator shot upwards. Her body then became trapped between the elevator and the shaft wall. Two other people were on the elevator at the time. Although they were not hurt, they are being treated for trauma. The victim worked at Young & Rubicam, a New York City advertising agency. It is not clear what caused the accident. Reports indicate that the elevator was last inspected in June. City records show that the building had 56 violations since 2001. The building’s 13 elevators were among some of the violations. All of the violations, however, were resolved. According to the United States Bureau of Labor Statistics and the Consumer Product Safety Commission, about 10,000 people are injured in elevator accidents each year, and about 27 people are killed. Recently, another woman was killed in California as she tried to get out of an elevator that was stuck between floors. The elevator began to descend as she was trying to get out, but she was similarly trapped between the elevator and the shaft. Although the exact reason for the elevator malfunction in the New York City incident is not known, the family of the victim may be able to collect compensation for their tragic loss. The building owner or the company in charge of maintaining the elevator may be held responsible. Source: ABC News, “ Woman Crushed in New York Elevator Accident,” Richard Esposito and Christina Ng, Dec. 14, 2011 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Structural defect accident: 4-year-old severs finger in school

On September 27, a 4-year-old girl in pre-kindergarten at a Staten Island public school lost a part of two fingers when she tried to go to the bathroom. Premises liability is an area of the law focusing on structural defect accidents, slip and fall injury as well as other forms of negligence by a landowner or other person or entity in possession of certain real property. In this instance, the accident occurred when the little girl tried to enter a unisex bathroom in her classroom. A boy was exiting as the girl entered, and her fingers got stuck in the door jamb, and part of her index finger as well as a smaller portion of her middle finger were severed in the accident. It earned her an ambulance trip with a police escort to New York County’s Bellevue Hospital. The school nurse tended to the 4-year-old while EMS and her parents were notified. The mother apparently arrived at the school shortly thereafter, was comforted and was presumably rushed to the hospital by authorities. No further word on the child’s condition was available. For a parent there is not much worse than receiving a telephone call from someone else to tell them their child has been seriously injured. The first thoughts, of course, are for the full recovery of the girl. Understandably, the parents will want to know exactly what happened. Negligence issues may exist concerning lack of proper supervision and care as well as unsafe conditions causing or contributing to a structural defect accident involving the operation of the bathroom door. While authorities will likely conduct their own investigation, the parents would be wise to consult an attorney in or near New York County who is devoted to handling personal injury claims and litigation arising out of premises liability. Source: The Silive.com, “ 4-year-old loses part of finger in accident at Staten Island’s PS 11,” Jillian Jorgensen, Sept. 27, 2011 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

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