Imagine a scenario almost too terrible to speak about. But by not speaking about it, justice will never be done, and others might be injured. On May 17, 2015, a caring, loving grandmother took her 2-year-old grandchild for a walk in New York City. They paused for a moment and were in front of a building when the unimaginable and unthinkable happened –– a portion of the cement façade of the building fell 8 stories and crushed that beautiful grandchild to death in front of her grandmother’s eyes.
In New York State there is a doctrine of law known as “zone of danger” damages, in which an “immediate” family member can receive compensation for the emotional harm suffered in witnessing the death of a family member. But there was one caveat: before today, a grandmother was not considered to be an “immediate” family member. Unfortunately, the grandmother’s claim for zone-of-danger damages was dismissed by the Appellate Division. That injustice was something that had to be rectified. The NYC personal injury lawyers of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman and Mackauf have never given up in the face of injustice. “When the law is wrong, it’s time to change the law,” said Ben Rubinowitz. “That is why we took this case and fought all the way to the highest Court in the State.”
Today, the Court of Appeals rendered a decision reversing the Appellate Division. Through our hard work and fortitude justice will now be done. The grandmother’s claim has been reinstated and a jury will now decide what the damages should be awarded for such a horrific injury.
It is our hope at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman and Mackauf that landlords and building owners will take seriously their obligation to make essential repairs on their buildings to ensure that no one suffers such devastating injuries in the future.
We at GGCRBHS&M are devoted to protecting the rights and interests of those who are injured through the negligence and carelessness of landlords and building owners throughout our great city. We will never stop until justice is done.
Click here for a copy of the decision of the Court of Appeals.
Picture of the baby and her mother: courtesy of Facebook