Who Is Liable When an Object Is Thrown From a Bronx Rooftop and Injures a Pedestrian?

A pedestrian was injured in the Bronx on Thursday after someone reportedly threw a heavy object from the roof of a building, according to CBS New York. Police said the object struck a pedestrian below. Few additional details about the incident have been released, including the nature of the object, the severity of the pedestrian’s injuries, or whether anyone has been arrested.

The incident is a disturbing reminder of the serious danger posed by objects that fall or are thrown from rooftops and other elevated areas in New York City. A pedestrian walking on a sidewalk may have little or no opportunity to see an object coming or move out of the way before being struck.

For someone hit in the head by a heavy object falling from several stories above, the consequences can be catastrophic.

Falling Objects Can Cause Devastating Head Injuries

New Yorkers routinely walk directly alongside apartment buildings, commercial properties, construction sites and other structures where objects may be located many stories above street level.

When a heavy object falls from a significant height, it can strike a pedestrian with tremendous force. Injuries can include skull fractures, traumatic brain injuries, spinal cord injuries, broken bones, internal injuries and death.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has firsthand experience representing people who have suffered devastating injuries in falling-object accidents.

In one prior case, the firm represented a young professional who sustained life-altering head injuries after rooftop fencing fell and struck him in the head. The case resulted in a substantial confidential settlement.

That case illustrates why rooftop safety cannot be treated lightly. Fencing, equipment, building materials and other objects located at elevated areas can become extremely dangerous when they are inadequately maintained, improperly secured or otherwise allowed to fall.

Who May Be Responsible When an Object Comes From a Rooftop?

The circumstances surrounding the Bronx incident reported this week remain under investigation. Police have said that someone tossed the object from the building, rather than reporting that it accidentally fell.

If an individual deliberately throws an object from a rooftop, that person may potentially face criminal consequences as well as civil liability for injuries caused.

Depending on the circumstances, however, an investigation into a serious rooftop incident may also examine the condition and management of the property itself.

Questions may include:

• How did the person gain access to the rooftop?
• Was rooftop access supposed to be restricted?
• Were rooftop doors, locks, gates or other security measures functioning properly?
• Had unauthorized rooftop access occurred previously?
• Were there prior complaints about security or unsafe conditions?
• Were dangerous or heavy objects left in an area accessible to unauthorized individuals?
• Did the building owner or management company know about a dangerous condition and fail to address it?

The fact that an injury occurred near a building does not, by itself, mean that a property owner was negligent. Premises liability depends on the particular circumstances, including what the property owner or other responsible party knew or reasonably should have known and whether reasonable precautions were taken.

Property Owners Have Responsibilities to Maintain Safe Premises

New York property owners and others responsible for maintaining buildings generally have a duty to keep their premises reasonably safe.

In a typical falling-object case, an investigation may focus on whether a dangerous condition involving a façade, rooftop structure, fencing, equipment or other building component existed before the accident and whether the responsible parties had adequate notice and an opportunity to correct it.

When intentional conduct is involved, as police have initially reported in the Bronx incident, the legal questions may be different and considerably more fact-specific.

An experienced New York premises liability attorney may investigate both the immediate cause of an injury and whether failures involving building maintenance, rooftop access, security or another property condition contributed to what occurred.

Preserving Evidence After a Falling-Object Accident

Evidence can disappear quickly after an accident involving a building or rooftop.

Surveillance footage may be overwritten. A broken lock or door may be repaired. Objects can be removed from a rooftop. Witnesses can become difficult to locate.

An investigation may therefore involve obtaining:

• Surveillance footage from the property and neighboring buildings
• Photographs and video of the rooftop and surrounding areas
• Police and emergency response records
• Building maintenance and inspection records
• Records concerning rooftop doors, locks and access systems
• Prior complaints involving the property
• Witness statements
• Property ownership and management records

Preserving this evidence can be particularly important when the cause of an accident or the identity of all potentially responsible parties is not immediately clear.

Representing Victims of Falling-Object Accidents in the Bronx and Throughout New York City

Whether an object falls because of a defective building condition, inadequate maintenance, unsecured materials or the actions of another person, the resulting injuries can permanently change someone’s life.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf represents people who have suffered serious and catastrophic injuries throughout the Bronx and the rest of New York City, including victims of falling-object accidents and dangerous property conditions.

Our team of Bronx personal injury attorneys investigate how an accident occurred, identify potentially responsible parties and work to preserve the evidence necessary to determine whether negligence contributed to the injury.

If you or a family member has suffered a serious injury after being struck by a falling object or because of an unsafe property condition, call 212-943-1090 or contact us online for a free consultation.