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Brooklyn Legal Issues Blog

Woman slips, falls at school; files lawsuit

In our last post, we talked about a slip and fall incident in New York that occurred because a property manager failed to properly clear away snow during the winter. That built up an embankment of snow near the sidewalk, which eventually had some runoff that refroze on the sidewalk, leading to the woman in the story slipping and falling.

Today we have a different story that occurred here in New York, and even though the circumstances of the story are a little different, the result is the same: a victim of a slip and fall suffered serious and life-changing injuries.

Snow-related slip and fall case settled

A woman who lived in Brooklyn in 2014 sued FirstService Residential New York after she slipped and fell on the sidewalk during the winter. The woman got a ride back to her home in the early morning hours during the 2014 winter when she slipped outside on a slippery surface. The lawsuit alleges that she found a path through the curbside snowbank that formed from snow removal, but she still slipped and fell as she tried to take the seemingly safest route possible.

One of the possibilities raised in this story is that runoff from the snowbank that formed near the curb made it on to the sidewalk and then refroze. As a result, it created a sheet of ice that caused the woman to lose her footing and fall, suffering serious injuries in the process.

Fatal construction accident leads to wrongful death lawsuit

Construction sites are dangerous places, and the workers who have to be on these sites for many hours every day for months on end put their lives at risk -- quite literally, as our source article shows.

A 34-year-old man was scheduled to install rebar and other iron reinforcements for the concrete structures of a new building that is expected to be leased by Apple. The worker was six stories up and was walking across a plywood plank to reach the area he needed to work on. As he walked across, the platform collapsed and he fell to his death. The platform had supports underneath it, but they were removed prior to the 34-year-old walking across the platform. The Occupational Safety and Health Administration (OSHA) came to this conclusion after investigating the matter.

Amount of evidence questioned in slip and fall case

On Oct. 1, 2015, a man walked into a property that was owned and maintained by We Buy Houses Lancaster LLC. He was there as an invitee or tenant (though it is not clarified in the source article which classification he was) and he slipped on a wet substance on the ground which caused him to suffer injuries that may be "serious or permanent in nature." Details are sparse, but it sounds like he fractured his wrist multiple times and suffered other injuries that the lawsuit he filed against We Buy Houses Lancaster LLC described as causing him "great pain and suffering."

We Buy Houses Lancaster has filed an objection to the lawsuit, claiming that the plaintiff has not provided enough evidence to substantiate his claims and, thus the lawsuit. If that objection is denied, then the plaintiff's case will move forward as is.

False imprisonment violates your rights

Imagine being taken into custody by a store owner because he or she believes you stole something. You wait a few minutes to try to sort out the problem, but after twenty and then thirty minutes pass, you feel that it's unreasonable. The owner suggested that he or she was calling the police, but no one has arrived. At this point, is holding you while waiting for the police false imprisonment?

False imprisonment can become a problem in a number of situations, the above being just one. False imprisonment can happen in shopping malls like the situation above if you're accused of shoplifting. It's unreasonable to hold someone without taking action for a long period of time. You should only be detained for as long as it takes to get your information or to have the police arrive on the scene.

When childcare supervisors fail, children can be hurt

Being a parent is a stressful but rewarding experience. As a parent, you have your routines and you know there are certain mishaps that your children will make. In a sense, you are prepared for the unexpected. However, you can't always be watching your child or children. Sometimes, you have to pass your children off to childcare centers and supervisors to ensure that you can get to work or get errands done.

This is where things can get complicated. As a parent, you want to trust these supervisors and caregivers. But sometimes, they fail in their duties. Negligent supervision at daycare centers or at schools is not unheard of, and for parents this isn't just a traumatic experience because of what happens to your child -- it is also traumatic because it shatters your faith in others to take care of your children.

Teenager punched by police, lawsuit filed

No matter how many times we read and hear about police brutality cases in this country, it still shocks and upsets us. For the source of today's particular story, we look to New Jersey where a high school graduate and his parents are filing a federal civil rights after the then 16-year-old was punched and accosted by police officers for seemingly no reason.

The high school graduate was 16 years old last summer when he and some friends were out on July 5th watching fireworks. They were just walking around when the police were called to the scene. The police then allegedly corralled the kids and forced them in Irvington even though they started in Maplewood. This was done, as alleged by a community activist, because the kids in this story are black and Irvington has a prominent black community.

On landlord negligence and tenant safety

One major issue that is prevalent anywhere in the country -- but especially in New York -- is the safety of tenants in their apartments and homes. Some landlords are incredibly negligent, leaving their tenants in unsafe or dangerous conditions that threaten innocent people on a daily basis. Other landlords are good people that simply fail to follow through on some promises, which in turn leave people in a precarious spot all the same.

No matter the case, if a tenant has been injured or wronged as a result of landlord negligence, then the case needs to be pursued. Tenant safety should not be an issue that is low on the list for landlords. It should be their top priority. When they fail to uphold the responsibilities that are inherent to their position as a landlord, then they deserve to face the consequences.

Fall in shower at hotel leads to lawsuit

A man who stayed at a Hampton Inn in 2016 slipped and fell in the shower. He has since filed a lawsuit against Winchester Hospitality, which was doing business as Hampton Inns, for what he says is their negligence.

Now, if we left the story at just that, you would probably think the plaintiff is filing excessive litigation here that doesn't reflect the circumstances. You may assume that this person just slipped in the shower, composing a true accident as opposed to a negligent incident perpetrated by the manager of the premises.

Slip-and-fall accidents can happen to anyone, in any season

Many people associate slip-and-fall accidents and injuries with the winter. That makes a lot of sense. It can be difficult for businesses and property owners to keep up with Mother Nature when she's dumping snow or spreading ice across the city.

Failing to clear snow and ice from sidewalks or accumulated puddles in foyers and entranceways can result in serious slip-and-fall accidents and injuries. Of course, that doesn't mean that slip-and-fall accidents only happen in the winter. Slip-and-fall accidents can happen at any time of the year and in any kind of weather, even during a drought.

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