New York injury cloud looms dark over shoppers on Black Friday
New York shoppers remember Black Friday for more than just great deals and huge discounts on clothes, electronics, toys and jewelry. Shoppers remember a Long Island stampede that injured several patrons and employees and left one employee dead and caused a pregnant woman’s miscarriage. The Wal-Mart stampede was not the only serious injury or fatality in Black Friday’s history. The day is known as one of the best savings days, but in terms of premises liability, one of the most dangerous shopping days.
The number of people out for door buster deals can be extremely dangerous and stores have been accused of not taking adequate precautions to prevent deadly stampedes. The 2008 Wal-Mart stampede occurred when 2,000 people tried to force themselves through the door. The only thing that the store operators did was organize a human chain they hoped would slow thousands of people pressing against the few employees. Continue reading
Charity may have been on notice about Sandusky sexual allegations
When a supervisor of children abuses his power to coerce or force them into performing illicit acts, the individual will have to answer to criminal charges levied against him. Charges for intentional criminal acts are certainly for the one who commits them, but what about those who negligently allow the acts to go on? Should they be required to prevent possible victims once they become aware of an injury risk?
The Sandusky criminal investigation into sexual allegations of abuse against young children has brought civil focus on the charity foundation that the former football coach founded in 1997. Some experts say that the charity could be held responsible for negligence in allowing Sandusky to continue to work with the children at the charity after having allegedly been notified twice about the possibility the sexual allegations. Continue reading
New York resident found dead in home, mauled by pit bull
Pit bulls have been considered one of the most dangerous breeds of dogs, and those who own them – or any other animal that could act violently – are taking a risk. Owners may be liable for the damages that their pets cause, especially if they have prior warning of the animal’s propensity for violence.
One dog owner’s negligence may have led to the death of his New York City roommate late last week after his violent pit bull viciously attacked the 46-year-old. The attack was so violent that the resident could not survive the injuries to his arm and leg. A city marshal discovered the body lying on the kitchen floor when he went to the Upper East Side apartment to forcibly evict the two men. Continue reading
New York families lose loved ones after Nightclub drops security
Nightclubs are all over New York City. They attract people from all walks of life whether they are your average neighbor or a well-known celebrity. The clubs provide a place for people to get together, drink and – like the classic phrase – be merry. Although they are great social gathering spots, nightclubs also take in a large amount of money at night, making them attractive to sometimes dangerous people.
The families of two young men who lost their lives outside a nightclub are considering filing a lawsuit against the nightclub claiming that poor security directly led to the death of the young men who were fatally shot at the nightclub. Continue reading
How to Identify and Avoid a Potential Falling Ceiling
Many older apartments in New York have plaster walls and ceilings, which differ from modern sheetrock. The plaster is attached to the ceiling joists by means of thin strips of wood called laths. The lath is then attached to the ceiling joist. Prior to the days of the cordless screw gun, most builders used nails to attach the lath to the floor joist, which have a tendency to pull away from the wood over time. The problem with this archaic system is that the wood lath expands and contracts at a much different rate than the hard plaster-causing hairline cracks. These small cracks can be easily fixed if detected early. However add a dangerous condition like a water leak from an upstairs apartment or vibration from upstairs construction and your ceiling is now a ticking time bomb ready to cause havoc when it finally decides to pull away from the ceiling joist.
What causes ceiling collapse
Water from an upstairs apartment or a defective roof, is the main cause in ceiling collapses. Most apartments in buildings are designed with a similar floor plan. This makes it more economical for the builder to run all the water lines on one side of the building (these are known as “wet walls”). Therefore your upstairs neighbor’s bathroom is most likely directly above your bathroom and their kitchen is directly above your kitchen, etc. Once your upstairs neighbor’s sink leaks, tub overflows, has defective grouting around tub or tile work, or has a defective water line in the walls, the water will find its way to your ceiling and saturate the wood lath and plaster. This will cause softening of the wood and put extra weight on the plaster causing the nails to eventually pull away from the floor joist. That’s when those little cracks in the plaster (that went unaddressed) start to provide an escape route for the trapped water and begin to leak. Once they start leaking or dripping the cracks begin to expand and eventually large portions of plaster will detach from the wood lath and crash to the ground, often causing personal injuries to anyone standing under the vicinity of the cracks. Depending on the size of the plaster, thickness of the material, how much water it retained before the ceiling fall-down, and how much wood debris it pulls down with it, the injuries caused could be very catastrophic.
Avoiding injury
It is extremely important to notify your landlord, superintendent and even the outside management company [if your building has one], upon first noticing any cracks, drips, or dark spots on the ceiling. These could be water stains or the formation of harmful mold. When notifying the proper person for repairs, make sure you have photos of all the problem areas and forward the photos to them in the event that they make the repairs while your not home. It is very important to make your request for repairs in writing, in order to avoid any misunderstandings. A certified letter with return receipt is an excellent choice in the event your complaints are disputed.
Notify and keep records
While most landlords would welcome the notification of a leak, since they have a financial interest in keeping their property safe and in proper repair. The unfortunate reality is that there are those that are considered to be ‘slumlords’and could not care about a tenant’s safety, but rather focus their concerns on maximizing profits [by minimizing expenses]. If you find yourself in a situation where the landlord does not respond to your request for repairs it is important to keep a log of all your complaints including the dates given and the names of whom you spoke to or mailed letters to. In addition, it is always a good idea in the event you are part of any government, or city program such as Section 8, to also notify them regarding the condition and habitability of your apartment.
Always seek medical attention
In the event that you or someone in your family does become injured as a result of a ceiling fall down or ceiling collapse, the most important thing is seeking prompt medical attention. Being struck by falling chunks of plaster unexpectedly has been known to cause blunt head trauma, severe neck and back injuries, serious shoulder injuries and on some occasions even paralysis and death. Always seek the proper medical attention immediately. Some neck and back injuries can lead to permanent, debilitating injuries from nerve damage if not treated properly. Never assume it is just a simple bump on the head as this could actually be a concussion that may result in a permanent brain injury if left untreated.
Know your legal rights and options
If you believe that you were injured because of your landlord’s neglect to properly maintain your apartment or if they failed to properly address your complaints, you do have legal rights -even if you are not a named tenant on the lease -you should always contact an attorney to discuss your options.
When trying to find an attorney always make sure the law firm has the proper experience and expertise and has handled premises liability and ceiling fall down cases, as these can easily become very complicated. San Razzano and the premises liability attorneys at Omrani & Taub, P.C., have successfully handled numerous claims against some of New York’s largest property management companies and landlords. For a free consultation clients should contact the office at 212-714-1515 or 212-529-7848 (that’s 212-LAW-SUIT).