Two Men Severely Injured By Falling Shopping Cart
Two men were seriously injured in a department store accident when a shopping cart fell on their heads Monday. The men were walking outside a Bronx Home Depot, located near Yankee Stadium, when the cart fell from an overhead parking deck, similar to the case that left a mother brain damaged just a few months ago.
According to the Daily News, the men were about 50 feet from the front door of Home Depot when the Toys ‘R’ Us cart came crashing down on them. Witnesses say one man was immediately knocked unconscious and the other was trying to get up when help arrived on the scene of the department store accident.
Both experienced serious head injuries and the scene was reportedly quite bloody. One onlooker said you could see the skull of one of the men through the deep gash in his head. Both were taken to the hospital and though one was admitted in critical condition, both are now listed as stable.
No one knows why the cart tumbled and no arrests have been made.
In a previous department store accident case, a mother of two was hit in the head by a shopping cart outside of a Harlem Target store. Similarly, the cart fell 40 feet from a parking deck and initially left her in a medically induced coma. Now out of the coma, her husband says she has a long recovery process ahead.
In that case, two young boys were arrested and later pleaded guilty to felony assault.
Though it has not been substantiated, the men in this latest accident may have been working at the time. At least one source says that they frequently make deliveries to the stores in that shopping area. If that is the case, there could be a worker’s compensation claim. If not, and it can be proven that someone was negligent in maintaining the shopping area, there could be a premises liability case.
In a premises liability case, it must be shown that the injuries were caused as a result of the company’s negligence. Perhaps it’s Toys ‘R’ Us who was negligent in collecting the cart, making an unsafe condition. Or, maybe Home Depot was not cautious in the design of their store, ensuring there was a safe walkway for customers to enter without fear of injury or fear of a department store accident. There are many possibilities here, where the error of a large company could have contributed to the tragic department store accident that befell these men.
If you are injured in a department store, supermarket, shopping center, or any other business, you too could be entitled to compensation and justice. The department store accident attorneys with Omrani & Taub are experienced in handling department store accident cases. We understand what you’re going through and are here to help. Contact us for a free consultation.
Elevator Maintenance Company Named In Multiple Lawsuits
The attorneys at Omrani & Taub have been following and posting updates on a case regarding a young advertising executive who was killed when trapped by the elevator at her Manhattan office building. Transel Elevator, Inc., the company who was servicing that same elevator only hours before her death, was named in an unrelated lawsuit this week, regarding yet another elevator accident, this time at the New York’s Plaza hotel.
According to Bloomberg, a housekeeper at the hotel was injured in an elevator accident when the freight elevator she was on came to a sudden stop. The unexpected and “violent” stop is being blamed for fractures in one of the housekeeper’s feet. Transel Elevator, Inc. is said to have been responsible for maintenance and upkeep of the elevator and all of those at the Plaza.
This latest suit is said to mark one of many that have been filed against the company for elevator accidents around the city. The company works in construction, maintenance and repair of both commercial and residential elevators. Continue reading
Settlement Reached in Giants Stadium Escalator Accident
The company responsible for maintaining escalators at Giants Stadium settled with eight injured people last week over an escalator accident that occurred about four years ago. Schindler is only one defendant in the case involving serious injuries that occurred when an escalator sped up and quickly stopped, ultimately causing some serious injuries. The other defendant, the New Jersey Sports and Exposition Authority who operated the stadium at the time, has not settled and their case will continue.
On December 29, 2007, Giants Stadium hosted a game between the Giants and the New England Patriots. It was after the game, as people were leaving, that the escalator accident occurred.
Witnesses said the escalator sped up and stopped, causing people to “tumble” towards the bottom. One man, Michael Harris, whose leg was caught in the bottom of the escalator, underwent five surgeries and three years of treatment before he ultimately had his leg amputated below the knee. Joseph Capuano has had more than twelve surgeries and could still lose his foot.
The settlement came after a break in the trial, following opening statements with a retelling of the escalator accident. According to the Associated Press, the account was graphic and included photos of the injuries.
Often, when a defendant in a civil case realizes they will lose at trial, a settlement becomes more alluring. This may have been what happened in this case after the moving opening statements.
The amount of the settlement was not disclosed.
Schindler was accused of failing to maintain the escalators in a safe manner, from replacing a mechanical part to making regular inspections. The Sports Authority is charged with failing to limit the number of people allowed on the escalators at any one time.
The Sports Authority says it did not ignore warnings about overloading the escalator and said that other escalators were carrying the same numbers of people, and none of them malfunctioned.
The trial against the Sports Authority continues.
The plaintiffs in this case, or the people who were injured, merely want to be compensated for their injuries-including medical costs and the trauma associated with them. But it’s obvious, four years after the accident, that cases like these can take a long time to resolve.
When you are at a public sporting event, you take it for granted that you will be safe. When something catastrophic happens, it can catch everyone off guard. If you have been hurt in an escalator accident call us today for a free consultation. The experienced New York Escalator Accident Lawyers at Omrani & Taub, P.C. can make sure you compensated for your losses and injuries as well as pain and suffering.
Criminal/Civil Cases Possible in Elevator-Death
A criminal investigation has been launched by the Manhattan District Attorney in the tragic elevator death of an advertising executive at Y&R. Suzanne Hart was killed when the elevator at Y&R’s Madison Avenue headquarters crushed her between the first and second floors on December 14.
Initial reports said there were no “safety issues” when the elevator was last inspected in June, 2011. But Tony Sclafani, a spokesperson for the Department of Buildings, said that there were many violations issued in the past but all were for “administrative or non-hazardous conditions.” In the aftermath, 11 violations were written against the building’s 13 elevators.
According to the New York Post, the only violation written against the elevator that killed Ms. Hart, was one regarding problems with paperwork. Other, “more serious” issues were found on the 25-story building’s other elevators. Continue reading
In a place that is supposed to nurture, child drowns in pool
Parents in New York and across the country are naturally concerned with safety issues that relate to their school children. It is always terrible when a school child is injured or dies during some school activity. Great shock and disbelief were the first reactions by students, teachers and parents in East Hartford, Connecticut, to recent news of a student drowning in their high school pool.
Legal responsibility issues for cases like this student drowning are addressed under laws of premises liability. When a child is in an environment where parents assume they are safe, such as a school, parents rightly expect that all reasonable precautions have been taken at that facility to assure child safety. The death of a young person is tragic and unexpected, and grief over that tragedy can affect an entire community. Continue reading
Starbucks to pay out for slip-and-fall accident
Residents in New York and across the country are familiar with the feeling that there is a Starbucks around every corner. That feeling is not too far off from the truth with the thousands of coffee shop locations operated under the name across the country.
The very profitable coffee mega-giant is going to have to pay out some mega bucks after a jury awarded a chiropractor $7.5 million in a slip-and-fall lawsuit. Continue reading
New York elevator accident continues to affect workers
We have been following the story of the Dec. 14 elevator accident that took the life of a New York woman. The woman had stepped onto the elevator at the exact moment in which it spontaneously began to rise, trapping the woman between the bottom of the elevator and the ceiling of the floor above.
The premises liability tragedy has affected many more people than just the woman and her family. We often forget that accidents such as these generally do not occur in isolation. There are more often than not many witnesses to these events, especially in New York City. Continue reading
UPDATE: New York elevator firm sued after fatal accident
In a prior post, we reported the news that a woman had lost her life on a New York elevator on Dec. 14. The woman had stepped onto the elevator at the same moment that it spontaneously began to rise. The 41-year-old woman was crushed between the floor of the elevator and the ceiling above.
Almost immediately after the fatal accident occurred, there was speculation as to whether or not faulty repair work was to blame for causing the accident. An inspection report had been conducted on June 16, 2011 which noted that there was a “defect found” although it was unclear as to what the defect referred to. Continue reading
NYC Executive Killed in Elevator Accident – Premises Liability or Tragic Accident?
Last week a New York City advertising executive was killed moments after she got her foot stuck in an elevator. The elevator she was boarding in the lobby suddenly malfunctioned and with a burst of speed shot upward before the doors closed. She was pinned between the elevator cab and the wall. Electrical experts say that any number of electrical problems could have caused this tragedy. The law firm of Omrani & Taub, P.C. will be following this incident to discover more information as an investigation gets under way.
In another story, an elevator repairman was criminally charged when a woman was seriously injured in an elevator accident last Christmas. According to court papers, the repairman disabled a safety switch that was supposed to prevent the elevator’s movement while the door is open.
Although not as common as motor vehicle accidents, elevator accidents occur more often than people think. Malfunctions such as doors closing on a person, sudden acceleration, free fall of the elevator car down the shaft, or a sudden drop can inflict serious injuries to a person. An individual riding an elevator has every right to assume the elevator will not malfunction. The elevator doors should not shut when there is something [or someone] between them. In fact, elevator accidents would not happen if elevators are properly manufactured and installed, and routinely maintained and inspected. As such, property owners are duty-bound to properly maintain and service their elevators to ensure people’s safety.
Any person riding an elevator can fall victim to an elevator accident. If you or a loved one were injured in an elevator accident, you should immediately speak with a personal injury lawyer who is experienced in elevator accident cases. At the Law Offices of Omrani & Taub P.C. our attorneys are experienced in handling elevator-related accident cases. Our attorneys have the right expertise and resources to investigate the circumstances surrounding your accident, and aggressively represent your right to attain the maximum compensation you deserve.
It may be a slippery Christmas for New York shop owners
It has been an unusually warm start to the winter this season. While last year set record snowfalls across the country, this year there has barely been anything to measure. Residents in New York are hoping that they will see snow for Christmas and the forecast shows at least some precipitation.
Whether it is rain or snow, when more precipitation falls more slush is tracked into stores across the city. Store owners have a duty to keep their floors free of slippery slush that could result in slip and fall accidents and injury to patrons. Continue reading
New York elevator accident claims life of one woman
Building owners have a duty to keep their premises safe, whether it is by ensuring that floors are not slippery, sidewalks do not have protruding cracks and that basically everything on the property is kept in a safe condition. It is unclear at this point whether it was faulty repair work or something else that caused a New York elevator to unexpectedly rise this week, crushing a woman’s body between the shaft wall and the elevator floor.
The 41-year-old woman lost her life as a result of the injuries she sustained in the accident on Wednesday morning. There were two other passengers on the elevator at approximately 10 a.m. when it began its un-signaled ascent. The two other passengers did not appear to have serious physical injuries, but were immediately treated for the trauma that was caused when they saw the woman crushed in front of their eyes. Continue reading
Desperate Housewife sued by injured restaurant patron
Eva Longoria is known as the fashionable and very feisty one of the female bunch on the hit television series “Desperate Housewives.” Most of her character’s investments in the show are made by her husband, but in reality, the star has made several investments of her own including opening a fine dining restaurant called Beso – the Spanish word for kiss.
The restaurant has not been kissed with the success that the star had hoped for, however. The restaurant first hit financial troubles after suffering losses of about $76,000 per month forcing the restaurant to file for bankruptcy. Now, a slip and falllawsuit names the restaurant and Eva Longoria as defendants and claiming over $25,000 in damages suffered as a result of the accident. Continue reading