PREMISES ACCIDENTS

Elevator Accidents

Our firm is able to represent individuals that have been seriously injured as a result of an elevator or escalator accident. We can represent passengers, custodial staff, building employees, elevator and escalator maintenance and inspection personnel and staff. New York residents use elevators every day at offices, residential areas, shopping malls, and government buildings. Among the leading instances of elevator accidents are elevator maintenance and building service workers who fall into the shaft, are caught in or between moving parts, and workers who are harmed by collapsing elevators or are struck by elevators or counterweights. Each elevator and escalator in New York must be inspected a certain number of times per year as set forth by each jurisdiction.

Many elevator accidents occur when the elevator car is not flush with the floor, creating a tripping hazard to passengers exiting or entering the elevator car. Hand and forearm and foot and lower leg injuries can result when a person attempts to stop the elevator’s doors from closing so he or she can board the elevator car. Occasionally an elevator cable will break, causing the elevator to drop to ground level in a free fall, seriously injuring or killing its passengers. However, modern elevators are usually equipped with a safety brake system to prevent this from happening; still, sometimes the brakes fail due to faulty installation or maintenance, resulting in serious injuries to, and even death of, the elevator car’s passengers.

Safety Tips for Escalators and moving walks:

Make sure shoelaces, scarves and other items likely to get caught in an escalator, are tucked in and secured.

Be careful when stepping on or off an escalator, especially if you wear bifocals.

Always face forward.

Hold on to handrails and do not grab the sides beneath the handrails.

Keep a close eye on all children riding the escalator with you.

Once you disembark, move quickly away from the exit area.

Do not jump, ride backwards or run on an escalator.

Do not ride escalators with strollers, walkers or carts.

Slip/Fall Accidents

Although a trip and fall case may seem very simple, it can often quickly become very complicated. When an individual falls on someone else’s property many people think that the insurance company of the property owner will automatically pay them. However, this is not the case. The claimant must first prove that the owner of the property did something wrong and that he or she had actual or constructive notice of the existence of the condition which caused the accident. Constructive notice means that the condition existed for a period long enough that the property owner should have known or had knowledge about the condition and repaired it.

The words of art are constantly being reinterpreted by our courts. Every case has its own individual characteristics, and these cases often require expert testimony, as well as witness corroboration. When our office accepts a new slip and fall case, we analyze what we need to do in order to show that the case meets the standards of current case law. This generally requires extensive discovery in order to prove how the accident occurred. Many times new court decisions are rendered which can alter the burden of proof that we must sustain. Sidewalk falls due to cracks, potholes, uneven pavement, and all other hazards can cause falls that cause serious and permanent injury. Our firm can represent individuals who were injured in any fall that was a result of negligence by the property owner or any other party responsible for the maintenance of the property.

Snow and Ice Accidents

New York City winters can create a numerous amount of hazards. Walking on sidewalks or walkways that are packed with ice or snow can be dangerous, and oftentimes lead to a slip or fall. These falls can cause serious neck, back, head, and other injuries. These injuries can often require rehabilitation that can prevent you from being able to work or enjoy your everyday ordinary course of life. Property owners in New York City have an obligation to clear the walkways and sidewalks of snow and ice within a reasonable amount of time. The law behind snow and ice injuries can become very complex, therefore having an experienced premises injury attorney can be crucial in recovering the remedy you deserve. 

You have a right to expect you can travel with reasonable safety outside in the winter, whether on a sidewalk in New York City or in the shopping center parking lot. If you have been injured as a result of falling on snow or ice, you may be entitled to recover for your personal injuries. Under New York City law, the city must be notified of the accident within 90 days. If timely notice is not sent, your right to bring a claim may be void. It is important for individuals injured in a snow and ice accidents to understand their rights.