Premises Liability

Published on: January 19, 2015

A pedestrian plunged to his death in Brooklyn, NYC, after he walked on a cellar door that collapsed under him

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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Published on: January 14, 2015

Premises liability: Legionnaires’disease caused by bacteria in Co-op City cooling towers in the Bronx NYC

By GGCRBHS&M

Co-Op%20City.jpg After 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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Published on: September 1, 2013

New York Premises Liability: Woman hit by a car after after club security staff create panic among patrons

By GGCRBHS&M

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.

Published on: August 9, 2013

Chemical Accidents Prevention: Obama signs executive order to to improve the safety and security of chemical facilities and reduce the risks of hazardous chemicals to workers and communities

By GGCRBHS&M

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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Published on: July 17, 2013

New York Wrongful Death Suit brought against Brooklyn Church

By GGCRBHS&M

New%20York%20Wrongful%20Death%20Lawyer%20Howard%20Hershenhorn.jpg Our 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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Published on: July 11, 2013

New York Personal Injury: Gas explosion appears to be the cause of the collapse of a Chinatown building that injured at least 9 people with 3 in critical condition

By GGCRBHS&M

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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Published on: July 1, 2013

New York Residential Building Accident Prevention: New Yorkers can request a free inspection of their deck and porch without the threat of receiving a violation

By GGCRBHS&M

deck%20inspection.png If 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.