Articles Posted in Premises Liability

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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 age of 5, suffered life-threatening burns from a radiator steam explosion in their Bronx apartment. The girls were rushed by Paramedics to Lincoln Hospital with critical injuries, the details of which are not known at this time.

The critical question in this matter is, of course, what caused the radiator to explode. A detailed investigation must be undertaken to determine if the radiator was old, defective and importantly maintained by the landlord or managing agent for the building in question A claim of negligence could potentially be brought against the landlord or managing agent. on behalf of the children who sustained these injuries.

Explosion 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, a majority of explosions 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 explosion 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 explosion. Retaining an experienced attorney can expedite the process for you, in addition to ensuring that you receive the maximum possible compensation.

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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 residential home. One person was kills and others were injured in the blaze.

Accidents of this nature can cause victims to sustain debilitating and life-altering injuries in addition to resulting in the destruction of property. Unfortunately, a 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.

In the case that you, or a loved one, have sustained an injury or been killed as a result of a fire accident do not hesitate to contact the New York law office of Queller, Fisher, Washor, Fuchs & Kool today at (212)-406-1700 to schedule a free consultation appointment to discuss the legality of your claim.

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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 used cheap wire brushes to clean their cooking equipment. These brushed can be purchased for $3 at a local hardware store. Evidence was shown that the Centers for Disease Control had issued a warning in 2012 about using the brushes in commercial kitchens.

The jury was obviously troubled by this and the fact that such a high-end restaurant would have cut corners in such a dangerous and negligent way. The jury awarded the plaintiff $300,000 in compensatory damages for the injuries he sustained and $1 million in punitive damages against the restaurant for their shocking lack of oversight, polices, and procedures, that would have prevented this incident.

Restaurants, like many commercial establishments, are charged with a duty of reasonable care towards those persons frequenting their business. A breach of that duty which causes an injury to a diner would be considered negligence. Negligence is generally defined as being the failure to use that degree of care that a reasonably prudent person would exercise under the same or similar circumstances. A simple way to think about it is to compare the conduct or “carefulness” of the defendant to how careful one might think a reasonably careful person (ie; a “prudent” person) would have acted, if that person was in the same situation. In the instant case, the restaurant was clearly negligent in using improper wire brushes around their cooking equipment which allowed a piece of the brush to get into their food and injure a customer.

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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 subject to stringent federal oversight as the amusement park lobby is very powerful and has tremendous influence in Washington, D.C. Instead, oversight is left up to the states and the amusement parks themselves. Although tragedies at amusement parks are infrequent, they do occur and raise significant questions as to what can be done to investigate these accidents and make parks safer in the United States.

The Thunder River Rapids Ride at Dreamworld in Australia is a very common and popular ride-type that can be found in amusement parks throughout the country. Amusement park experts believe this type of accident will happen in the United States – it is just a matter of when. Often, it is not a mechanical issue that results in a tragic accident, but rather human error. Are there any real safety or training standards for the operators of these and other rides? Or is it more likely that the ride operators are young, seasonal employees who receive the bare minimum of training and are being paid the bare minimum of wages? These questions need to be asked and answered or we will continue to read about amusement park tragedies in the coming years.

If someone you love has been injured or killed in an amusement park accident, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to see if you have grounds for a lawsuit. To see if compensation is available to you, call 212-406-1700 or fill out our case review form.

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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 42 and 38, were pronounced dead by police following the incident on the Thunder River Rapids Ride at the Dreamworld theme park in Queensland. Apparently, the ride malfunctioned resulting in two of the victims being ejected and the other two being trapped on the ride. Most concerning are the reports that this particular ride had experienced numerous malfunctions in the past, yet remained open allowing this unthinkable tragedy to occur.

Many amusement parks in the United States of America have this exact, or very similar, type of ride. Owners and operators of amusement parks have a duty to act in a safe and responsible manner to protect their guests from any dangers that are reasonably foreseeable and can be guarded against. The negligent maintenance and operation of a ride, which certainly appears to be the case in the Dreamland accident, will subject the owner and operator of such a ride to liability for those persons injured or killed as a result.

Business owners, landlords, private property owners, and even state and municipal owners of everything from government buildings to parklands and public pools have a duty to provide a safe and secure environment for guests. When they don’t, innocent visitors can be seriously injured or killed. Those injured and the families of those killed have a right to be compensated for medical bills, pain and suffering, lost wages, disability, and other issues arising from the accident.

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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 action sounding in negligence.in this slip and fall on snow and ice case. In addition, the Court found that climactical records did not conclusively refute the complaint’s allegations.

Individuals who have suffered an injury due to a fall on snow and ice may be able to recover compensation for a number of damages in a premises liability lawsuit. Injured victims may be able to receive compensation for any economic damages suffered such as lost wages or medical bills. Lost wages are any loss of income or future earnings not covered by compensation. Victims may also be able to receive compensation for any medical bills not covered by insurance as well as any future doctor’s appointments, medical procedures, or medication relating to the injury. In addition to economic damages, victims may also be able to receive compensation for non-economic damages, such as long term pain and suffering or emotional stress caused by the injury. In instances where the victim’s injury proved fatal, their family may be able to recover compensation through a wrongful death lawsuit. In a wrongful death lawsuit, families of victims may be able to recover compensation for damages such as lost wages and future earning potential, loss of consortium, funeral costs, and pain and suffering.

If you or someone you love has suffered an injury due to a fall on snow or ice, you may have legal recourse. For a free evaluation of your legal options, call (212) 406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your case to see how we may be able to assist you.

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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 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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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 if improper and inadequate security measures are taken. On a New York City Subway, a 19-year old man was targeted by a knife-wielding clown on a subway platform at 96th Street. According to a report by CBS New York, the man attempted to exit the 6 train at 96th Street when his path was blocked by a clown wielding a large kitchen knife. The man was able to run up the stairs to safety and the clown was not found.

This has created a problem for authorities who are now being forced to take these clowns threats seriously as a potential threat to public safety, particularly at schools.

This also raises serious questions as to the potential liability of the owners of premises open to the public should a person lawfully on those premises be assaulted by a clown. In New York, business owners, landlords, private property owners, and even state and municipal owners of everything from government buildings to parklands and public pools have a duty to provide a safe and secure environment for guests. When they don’t, innocent visitors can be seriously injured or killed. Those injured and the families of those killed have a right to be compensated for medical bills, pain and suffering, lost wages, disability, and other issues arising from the accident.

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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 architect was lawfully on the premises in his capacity as an architect. The exact cause of this tragedy remains under investigation by the New York Police Department and the New York Department of Buildings.

Accidents like this one potentially implicate the New York State Labor Law. Labor law 240 (1), also known as New York’s “scaffold law,” places absolute liability on the general contractor and owner in cases where a worker suffered an elevation related injury. Under this statute, general contractors and property owners may be liable when a construction worker suffers an injury on the worksite from an elevated fall or from an object falling from elevation. General contractors and property owners may be found liable in all instances where an elevation related injury occurred.

This accident also implicates the Wrongful Death laws of the State of New York. To have grounds for a wrongful death lawsuit, the victim’s family must be able to prove that the responsible party acted negligently. For the responsible party to have acted negligently, they must have had a duty of care-a legal responsibility to act with a degree of caution when performing potentially dangerous actions-to the victim. The responsible party acted negligently if they violated their duty of care. Additionally, the victim’s family must be able to prove that the responsible party’s negligence was the direct cause of death. Furthermore, the victim’s death must have inflicted either economic or non-economic damages on their family.

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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 broken arm.

Carnivals and fairs are a common sight throughout the New York area during the summer and early fall. Guests often assume they are safe and that the rides are properly maintained. Unfortunately, stories like this one paint an entirely different picture. When an accident occurs, questions will undoubtedly arise concerning whether this equipment was properly supervised and maintained. A failure to properly perform these duties which results in injuries to a guest may give rise to a personal injury lawsuit grounded in negligence. The only way to know for sure is to contact experienced personal injury attorneys to determine whether there is the basis for a lawsuit.

All of the attorneys at Queller, Fisher, Washor, Fuchs & Kool are extremely experienced and well versed in handling all types of personal injury claims. Indeed, personal injury law is the only type of law that we practice. We understand that your individual matter is your only case and the outcome can be critical to the future of yourself and your family. Our attorneys are selective about the cases we take, which allows us to concentrate on representing clients who have been seriously injured or killed in New York.