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Recent Posts in Premises Liability Category

  • Top 6 Things to do if You Slip and Fall on Snow and Ice

    The winter weather season is rapidly approaching. During this season, snow and ice accidents are a major cause of personal injuries. If you have an accident and fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible: 1. Call for help - you or someone on your behalf should call 911 so that the Police can come and assess the situation and ...
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  • 9-Year Old Wisconsin Boy Burned When Playground Slide Explodes

    Playgrounds and their equipment are heavily regulated and must meet certain safety requirements. However, new and unexpected hazards can still arise. Last week, a 9-year old Wisconsin boy was burned when the slide he was using suddenly bubbled up and exploded according to a report by Fox News . The cause of this accident is still under investigation as slides of this type are installed in ...
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  • Carbon Monoxide Leak Overcomes 32 People in Tribeca

    A likely carbon monoxide leak in the basement below Amish Market in Tribeca resulted in 32 people becoming overcome by the deadly gas. The incident occurred at the intersection of Murray Street and West Broadway and the Amish Market was shut down as dozens of fire crews responded to a call for a carbon monoxide leak, according to a report by CBS New York . The entire building was evacuated as ...
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  • Scaffold Collapse in Mid-town Manhattan Injures One

    Construction sites present many potential hazards to workers. As a result, many serious injuries can occur if workers fail to act responsibly. On Wednesday. a scaffold collapsed at a construction site at 36th Street and Eighth Avenue. As reported by CBS New York , the collapse occurred on Wednesday afternoon after 4:00pm. The extent of the injuries remains unknown at this time. Due to the complex ...
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  • Lead Paint Poisoning a Risk Due to Falling Paint Chips at Queens Elevated Subway Trestle

    Lead poisoning is still a risk endured by residents of New York, particularly children. A recent report by CBS New York indicates that the #7 Train trestle in Queens is under toxic decay with lead levels 44 times greater than acceptable lead levels. Additionally, this problem has existed for decades as that section has not been painted in 35 years. Falling paint chips containing lead pose a ...
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  • Vicious Pit Bull Attack in Spring Valley Injures 3-Year Old Boy

    Animal attacks are a startlingly regular occurrence that can lead to serious injury or even death. The Centers for Disease Control and Prevention estimates that there are more than four million bite victims each year. Unfortunately, many of these injuries were easily preventable and caused by the negligent action of the pet's owner. Such is exactly what occurred on Thursday afternoon. A 3-year old ...
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  • High Winds Pose Danger to New Yorkers, Particularly at Construction Sites

    In New York City, there are many dangers that New Yorkers must be aware of. When a "high wind" warning is issued, another danger is added to the list. In recent years, news reports have identified the risks of high winds particularly at construction sites where cranes, equipment and other debris affected by high winds have resulted in catastrophic or fatal accidents. Recently, this warning had to ...
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  • Top 6 Things to do if You Are Injured in a Slip and Fall Accident Due to Snow and Ice in New York

    During the winter season, snow and ice accidents are a major cause of personal injuries. If you have suffered an injury as a result of a fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible: 1. Call for help - you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the ...
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  • Brooklyn Mall Escalator Goes Out of Control and Injures Seven Holiday Shoppers

    Holiday shoppers at the Atlantic Terminal Mall on Flatbush Avenue in Brooklyn fell victim to a malfunctioning escalator on Monday evening. Seven people were injured as a result of the malfunction, two of them seriously according to a report by the Gothamist . According to witnesses, the down escalator suddenly sped up then stopped abruptly throwing people forward causing the injuries. The cause of ...
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  • Baby Killed, Two Adults Critically Injured in Brooklyn Building Fire

    Once again, a serious fire has been reported in New York City resulting in the death of a 1-year old baby and critical injuries to two adults. This time, the fire apparently started inside an apartment on the 13th floor of the Howard Houses on Mother Gaston Boulevard in the Brownsville section of Brooklyn as reported by CBS New York . There was serious fire, smoke and water damage to the building. ...
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  • Two Children Sustain Life-Threatening Burns in Bronx Radiator Steam Explosion

    Winter time in New York often results in increased reports of explosions from radiators, boilers and steam pipes in apartment buildings due their increased use as the weather gets colder. A tragedy was reported by the New York Daily News involving a radiator explosion in a Bronx apartment on Hunts Avenue near Lafayette Avenue in the Hunts Point section of the Bronx. Two young girls, both under the ...
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  • Fire in Brooklyn RIps Through Two Buildings and Results in Death of One Person, Injuries to Others

    Fire accidents occur in New York with an overwhelming propensity and are among the more devastating incidents to New York City Residents. On Tuesday night, according to a report by the New York Post , a fire in Brooklyn damaged two buildings in the Cypress Hills section. The fire broke out just before 9 p.m. in a vacant three-story building at 420 Lincoln Avenue and quickly spread to an adjacent ...
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  • Diner Awarded $1.3 Million in Compensatory and Punitive Damages by Federal Jury for Injured Esophagus after Eating a Piece of Wire in His Dinner at db Bistro Moderne

    A Federal Jury in Manhattan found in favor of a plaintiff injured while eating at the famed restaurant, db Bistro Moderne, owned and operated by celebrity chef, David Boulud. The diner swallowed a piece of metal wire which was in his Coq Au Vin resulting in damage to his esophagus and an infection which nearly cost him his life. According to a report by the New York Post , the famed restaurant ...
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  • Can the Australian Amusement Park Tragedy Happen in the United States of America?

    The tragic accident in Australia at Dreamworld amusement park resulted in the tragic deaths of 4 people. A recent article by USA Today investigated the issue of whether such an accident could occur in the United States of America. The sobering answer was that such an accident was entirely possible given the lack of oversight over amusement parks in the USA. Amusement parks in America are not ...
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  • Four People Killed in Horrific Amusement Park Accident in Australia

    Guests at an amusement park place their complete faith in the operators of the amusement park that their safety and well-being will be given the highest priority as it involves the maintenance and operation of their rides. At Dreamworld theme park in Queensland, Australia, four people were killed when a ride malfunctioned, according to a report by CNN . Two men, ages 35 and 32, and two women, ages ...
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  • Queller, Fisher, Washor, Fuchs & Kool Wins Appeal in Snow and Ice Case

    The Appellate Division, First Department, in the case Lowenstern v. Sherman Square Realty Corp . , determined that the Decision of the Supreme Court, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), was properly rendered in this case. Our partners, Jonny Kool and Christopher L. Sallay, successfully argued that the complaint adequately pleaded a cause of ...
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  • Top 6 Things to do if You Are Injured in a Trip and Fall Accident on a Broken Sidewalk in New York

    If you have suffered an injury as a result of a fall on a broken or defective sidewalk, these are the Top Six things you or someone on your behalf should do as soon as possible: 1. Call for help - you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided ...
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  • Clown Threats Raise Issues Concerning the Security of Premises

    It has been widely reported that people dressing up as clowns have been seen in increasing numbers across the United States. Some of these clowns are now behaving in threatening manners which can and will force owners of public places to be vigilant and could result in them being found negligent for improper security should aggressive and combative clowns injure people lawfully on their premises ...
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  • Architect Killed in Fall from Mid-Town Manhattan Skyscraper Under Construction

    A tragedy occurred on Thursday afternoon when a 52-year old architect from New Jersey fell to his death from a skyscraper under construction in Mid-town Manhattan. According to a report by the New York Daily News, the victim, fell to the ground from the 42nd floor of the 46-floor skyscraper near W. 53rd St. and Sixth Ave. about 2:15 p.m. The building itself is apparently under construction and the ...
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  • Three Girls Injured in Fall from Faulty Ferris Wheel

    On August 8, 2016, three girls were riding a gondola-style ferris wheel at the Greene County Fair in Tennessee. According to a report by the New York Daily News , the car in which they were riding became stuck on another car and began tipping as the ferris wheel rotated. The girls fell about 35-40 feet to the ground. One of the girls sustained a traumatic brain injury and another sustained a ...
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  • Three People Injured in Fire at Lower Manhattan Skyscraper

    A fire in a New York City skyscraper is a serious and potentially deadly occurrence. On Tuesday, August 9, 2016, a fire broke out around 10:15 a.m. in a 12th floor machinery room in a skyscraper at 30 Broad Street near Exchange Place. According to a report by CBS New York , the New York City Fire Department had 26 units and 84 firefighters at the scene. A spokesman from the FDNY said three people ...
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  • Alligator Attack at Disney World Resort Was a Preventable Tragedy

    Orlando, Florida has been in the news recently for terrible tragedies that have occurred in that popular vacation destination. As has been widely reported, a 2-year old boy was the victim of an alligator attack while playing on the beach at Disney's Grand Floridian Resort. Information has now been revealed which indicates that this terrible tragedy was both foreseeable and preventable if Disney ...
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  • Elevator Can Be Falling Object Pursuant to New York Labor Law 240(1)

    The Appellate Division, First Department held in the case McCrea v Arnlie Realty Co. LLC that an elevator under repair can be a "falling object" within the meaning of New York Labor Law 240(1) . The Court upheld Summary Judgment to the inured plaintiff under Labor Law 240(1) stating: "The evidence here establishes that at the time of the accident, McCrea was engaged in "repair" work because the ...
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  • Second Department Grants Summary Judgment to Labor Law 240(1) Plaintiff who Fell from Scaffold after Receiving Electric Shock

    In the case Viera v WFJ Realty Corp. , the plaintiff was working on a scaffold, affixing aluminum siding to the roof of a grocery store. The plaintiff allegedly was injured when a piece of the siding that he was handling came into contact with overhead power lines, causing him to sustain an electric shock and fall off the scaffold. The Appellate Division, Second Department, held that the injured ...
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  • Four-year Old Brooklyn Boy Dies in Fall Down Elevator Shaft

    In New York City, injuries resulting from elevator accidents are surprisingly common. Elevator and escalator accidents kill about 30 people each year and injure 17,000 nationwide, according to data provided by the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission. A tragic death occurred in Park Slope, Brooklyn when a 4 year old boy fell down an elevator shaft after having ...
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