Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Premises Liability

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Greta GreeneA 2 year old girl who suffered severe personal injury yesterday after being hit by falling debris, died Today at the hospital. Greta Greene (facebook picture on the left) was sitting outside with her grand mother when they were both struck by terra-cotta bricks from a window ledge that fell from the 8th floor of  the Esplanade Manhattan nursing home at 305 West End Ave in Manhattan.

The toddler lost consciousness and nurses from the nursing home tried to resuscitate her. Her grandmother, 60 year old Susan Frierson, suffered severe leg injuries. They were both transported to the hospital where Greta passed away Today.

A protective scaffolding was erected last night on orders on the Department Of Buildings. The DOB is investigating what caused the ledge to fall. It also issued a violation to the Esplanade Manhattan nursing home for failure to maintain a property in a safe and compliant manner.

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window blindsSince 1981, the Consumer Product Safety Commission (CPSC) has identified window blind cords as a cause of strangulation deaths among children under five but not much has been done by the industry to develop safety measures to mitigate this risk.

Recently Parents for Window Blind Safety, Consumer Federation of America, Consumers Union, Kids in Danger, Public Citizen, U.S. PIRG, Independent Safety Consulting, Safety Behavior Analysis, Inc. and Onder, Shelton, O’Leary & Peterson joined together to petition the CPSC to create a rule that would ban new blinds with cords if the cords can’t be kept away from children.

Read more in FairWarning

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Carbon monoxide is suspected to have caused the death of 4 elderly people in a house in Queens, NYC on Friday.  83 year old Jerry Hugel and his 80 year old wife Marie as well as their tenant 70 year old Gloria Greco and Walter Von Thadden a 70 year old friend were all found dead in their house on 86th street Avenue in Floral Park. According to the authorities the house filled with gas after a car was left running in the basement. The house didn’t have any carbon monoxide detectors even though it is required by Amanda’s law in New York since 2009.

Amanda’s Law  is named after a 16 year old girl who died of carbon monoxide poisoning while sleeping over at a friend’s house. This law requires that  every one or two-family dwelling, condominium, cooperative and each unit of a multiple dwelling shall have an operable carbon monoxide (CO) detector.  The use of a battery operated detector is allowed for homes built before 2008. All homes built after this date must have the alarm hard-wired in the building.  Amanda’s Law also requires contractors to install a CO alarm when replacing a hot water tank or furnace if the home is not equipped with an alarm. CO detectors are required only if the dwelling unit has appliances, devices or systems that may emit carbon monoxide or there is an attached garage.

Read more in the New York Times

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In New York, poorly maintained cellar doors leading to death or injury can result in premises liability against the owner of a building. It’s the nightmare of every New Yorker. Yesterday a man in his 30’ies fell 12 feet and died after walking on a metal cellar door on Bedford Ave in Brooklyn, NYC. The doors were leading to the basement of an abandoned building.

Red more in the New York Daily News

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Co-Op%20City.jpgAfter 12 cases of Legionnaires’s disease were diagnosed in the Bronx, the NYC Department of Health started an investigation to find the source of the disease.

Preliminary tests found Legionella Bacteria in Co-Op City Cooling Towers. The Health Department has instructed River Bay Corporation, the manager of the cooling towers, to decontaminate the towers to mitigate the risk of further contamination.

The health department also stated that only the water used to cool the heating and electrical system is contaminated. This water is self self-contained and is separate from the water used by Co-Op City residents for drinking, cooking and bathing. The water at Co-Op City is safe to drink, bathe and cook with.

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A woman was struck and killed by a hit and run driver in the Bronx, New York, yesterday night after a a club bouncer asked everybody to exit the club because someone had a gun. Over a hundred patrons started to run out of the club and poured across the street in a panic. As she was running away, a young woman was struck and killed by a car who sped away without even slowing down.

Nightclub owners are responsible for providing adequate safety for their patrons. This includes the responsibility to hire an adequate number of properly trained security employees who can monitor the crowd in any type of situation and are able to act effectively when problems arise. In this particular case, the security staff seems to have been completely overwhelmed by the situation. Therefore the club owner may be liable for negligent security.

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Last April the explosion at a fertilizer plant in West Texas was of the magnitude of a small earthquake. It killed 15, destroyed houses, businesses and municipal buildings, and left a 93-foot crater. To avoid such a tragedy in the future, President Obama last week signed an executive order directing Federal agencies to work with stakeholders to improve chemical safety and security.
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New%20York%20Wrongful%20Death%20Lawyer%20Howard%20Hershenhorn.jpgOur partner Howard Hershenhorn represents the family of a man killed by falling debris from a historic Brooklyn church in a lawsuit filed on Tuesday alleging that church officials failed to maintain and repair a building they knew had become increasingly dangerous. Howard was quoted in The Wall Street Journal as follows:

” Church officials “knew they had a humongous problem, which they knew could cause injury or death and they did nothing about it,” said Howard Hershenhorn, an attorney for Mr. Schwartz’s family. “They let it linger for a decade and it’s absolutely mind-boggling.”

Mr. Hershenhorn called for a criminal investigation. A spokeswoman for the Brooklyn district attorney’s office said the office would review his request.

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3 people were severely injured and a total of 12 were hospitalized including 4 firefighters after what appeared to be a gas explosion occurred in a beauty parlor at the first floor of a five story building and caused the ceiling to collapse.The building has several violations and further investigation will determine if these violations may be related to this accident.

One of the victims suffered second degree burns and another one was found unconscious by the firefighters. Burns, loss of limb, electrical shock, concussion, traumatic brain injury and lacerations are among the most common injuries that victims suffer from a gas explosions.
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deck%20inspection.pngIf porches and decks are not maintained properly the weather changes and the exposure to elements can put them at risk of collapse and proprety owners can be held responsible for personal injury that may occur in the event of an accident . For this reason the NYC Building department just launched its annual no-penalty deck and porch inspection program.

New Yorkers who own a property can call 311 during the entire month of July to ask for a free inspection. Inspectors will make sure that deck and porches are structurally sound and will look for cracks, rotting, failed connections or any other signs that could lead to a collapse.

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