Articles Posted in Premises Liability

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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 document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

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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 playgrounds all over the world. The slide was manufactured by Landscape Structures Inc. out of Delano, Minnesota.

A discussion was held with a local expert on playgrounds and their installation to determine how something like this could possibly have happened. The expert theorized that there could have been something inside of the plastic slide that caused it to burst, possibly hot air from sitting in the sun, which expanded inside the softened plastic or, perhaps, there was something combustible inside the plastic slide and static shock ignited it. The expert stated that hot air alone should not cause second degree burns. It was also pointed out that there are various warnings on all of the equipment manufactured by Landscape Structures Inc. which include warnings about the surfaces of the playground equipment getting hot and the need for inspection prior to use.

The local expert also explained that playground equipment needs to be maintained and a documented maintenance plan must be in place. This is the responsibility of the owner of the playground equipment. It is unclear at this time if that had any role in this accident, however. In addition, it is important for playground owners to hire Certified Playground Safety Inspectors (CPSI) which is the industry leading certification program in playground safety as certified by The National Recreation and Park Association.

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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 dangerous carbon monoxide levels due to a broken boiler were found in the basement up to the third floor of the 12 story luxury apartment building above the market. Victims were sent to local area hospitals, the extent of the injuries is unknown.

Carbon monoxide poisoning results in multiple deaths and injuries each year. Often, these tragedies occur due to a defective or improperly-maintained boiler which could give rise to a lawsuit based upon a products liability claim or a premises maintenance claim. Carbon monoxide is an odorless, colorless gas produced as a byproduct of combustion. Inhalation in sufficient quantities and over a sufficient length of time can prove fatal to humans.

Our Partner, Christopher L. Sallay, has significant experience in litigating a products liability and wrongful death claim arising out of a defective/improperly maintained boiler. In fact, Chris achieved a $3,785,333.34 settlement in Sullivan County, New York in a complicated wrongful death action sounding in products liability and general negligence after several years of strongly-contested litigation. This case arose from the multiple deaths from carbon monoxide asphyxiation due to a malfunctioning boiler. Among the issues in the case was the dispute between the boiler manufacturer and the company that installed/serviced the subject boiler as to who was responsible for this tragedy. During the extensive discovery process, Chris was able to demonstrate that various parties bore culpability resulting in a favorable resolution on behalf of a young woman who lost both of her parents.

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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 nature of construction accident lawsuits, it’s within the best interest of victims to seek the counsel of an experienced personal injury attorney. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have decades of combined experience. Our attorneys’ experience combined with a unique knowledge of the law has led to a number of enviable verdicts and settlements. For instance, we recovered $7.01 million in a wrongful death lawsuit following a construction accident.

If you have suffered an injury in a construction accident, you may be eligible to receive compensation for any damages incurred. Please call 212-406-1700 or contact us online for a free case evaluation from Queller, Fisher, Washor, Fuchs & Kool. We will do anything in our power to help you secure the compensation you may be entitled to.

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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 serious threat, particularly to children. Hopefully, this threat is quickly remedied and the health and well-being of our community is the primary concern.

Lead poisoning is an extremely dangerous phenomenon and has the capability to cause individuals a number of serious afflictions including, but not limited to:

  • Gastrointestinal Problems
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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 boy in Spring Valley, New York, of Rockland County, was playing outside with his friends. In a truly disturbing attacking caught on video, a pit bull charged from across the street and viciously attacked the boy. According to the New York Daily News, the dog was well-known to be let off its leash by its owner and has been the target of multiple complaints by the neighbors. The little boy was rushed to a nearby hospital and the extent of his injuries is unknown at this time.

The New York rule for dog-bite cases has been the subject of extensive litigation and is different from the general rule in most states. In dog bite cases, most states either have a law for strict liability or a “one-bite Rule.” Strict liability laws hold the owner responsible for any injuries or damages their pet caused, regardless of the animal’s history. The “one-bite rule” holds dog owner’s liable only if their pet had a known propensity for violence, such as biting individuals in the past. Premises liability law in New York, however, uses a combination of strict liability and the one-bite rule in animal attack cases. Dog owners have strict liability for any medical or veterinary bills incurred by their pet. Dog owners, however, can only be held liable for non-medical damages if their dog has a known history of violence.

If you or someone you love has suffered an injury due to an animal attack, you may have legal recourse. For a free consultation with our New York personal injury attorneys, please call (212) 406-1700 or contact us online. Our cases are taken on a contingency fee basis. If we accept your case, there is no fee unless we recover damages.

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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 be issued again as reported in the Gothamist.

Under New York law, property owners and construction site owners and workers have a duty to maintain their premises and equipment in a reasonably safe condition to protect those persons lawfully on or in the vicinity of the premises. Specifically, there are laws, rules and regulations as to construction sites which must be followed in “high wind” situations and there could be both criminal and civil repercussions for any violations which cause injury. Construction companies and property owners will vigorously defend such claims saying that there was nothing that could have been done or denying knowledge of the windy condition. These types of assertions can often be refuted with certified weather reports and eyewitness testimony.

Individuals who have suffered an injury due to negligence at a construction site can face a number of hardships. Victims can suffer serious debilitating injuries, such as amputations, severe head trauma, and death. In addition to physical injury, victims of construction accidents may also be forced to deal with financial difficulties, such as lost wages and costly medical bills. Individuals who have suffered any of the aforementioned hardships should seek the counsel of an experienced personal injury lawyer. The accident attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the hardships that victims of construction site accidents face, and are committed to securing them proper compensation for their injuries.

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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 accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

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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 the malfunction has not been reported, but witnesses also stated that the escalator had not been working properly before this incident.

This type of incident is not uncommon to personal injury attorneys experienced with escalator accidents. Typically, the escalator was negligently maintained resulting in the malfunction. Escalators must be maintained according to The American Society of Mechanical Engineers’ standards and specifications, ASME A17. Additionally, New York City has its own regulations set out by New York City, N.Y., Code § 27-982 to § 27-1005. If you have been injured due to improper maintenance of an Escalator, you may have a case for negligence against the managing agent of the building or the maintenance company for the escalator. The more a system is automated, the lower the chance of human error causing an issue, and the greater likelihood of negligence in maintenance or repair.

At Queller, Fisher, Washor, Fuchs & Kool, our escalator accident lawyers handle escalator accident cases which result in serious injury or death to passengers, building employees, custodial staff, emergency safety workers and escalator maintenance and inspection personnel. We have the resources and experience necessary to secure fair compensation for individuals who have suffered an unnecessary injury. Our escalator accident attorneys can prove falls caused by the product through our cutting edge investigation and visual representation techniques at trial.

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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. The cause of the fire remains under investigation. It is unclear at this time whether the smoke alarms and fire exits were functioning properly and in compliance with the New York Building code.

Fire accidents occur in New York with an overwhelming propensity Accidents of this nature can cause victims to sustain debilitating and life-altering injuries in addition to resulting in the destruction of property. Unfortunately, the majority of fires are a result of negligent behavior on the part of building owners, landlords, electricians or product manufacturers. It is imperative that these individuals and corporations be held liable for their actions in order to prevent such events from occurring in the future. The attorneys at Queller, Fisher, Washor, Fuchs & Kool represent individuals who have been injured or family members of individuals killed in fire accidents that have occurred due to the negligence of others. New York State law allows for injured individuals or the family’s of deceased victims to bring forth a claim against the responsible party and recoup compensation for and damages sustained as a result of the fire. Retaining an experienced attorney can expedite the process for you, in addition to ensuring that you receive the maximum possible compensation.

Queller, Fisher, Washor, Fuchs & Kool accepts its cases on a contingency fees basis. This means that our clients incur absolutely no out-of-pocket fees. No monetary compensation is expected from our clients until and unless we are able to secure compensation on their behalf. In which case, our legal fees are a mere fraction of the compensation that you receive.