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
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 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).