New York Premises Liability Attorneys

Someone trips or slips on a hazard on the property and falls.

Assault, rape, and murder happen all too frequently to innocent victims who thought they were safe inside their homes, apartment buildings, place of work, or other secure building. The perpetrator in these cases are of course responsible for their actions. However, residents of a secure apartment building, office building, or other buildings with security are entitled to an expectation of safety. Broken or flimsy locks, inactive alarm systems, and lax security guards are all elements that, if they had been held to a higher standard, may have prevented an attack. You are entitled to feel safe in your office building, apartment building, or other residence. In a rental or sublease agreement, if one of the things you are paying for is secure measures to ensure your safety, then those safety measures should be maintained and adequate. There is no easy way to heal from the trauma of an attack in a building you thought was safe, and a negligent landlord should be held responsible for their role in not providing a safe residence.

In these cases, it is critical that the victim hire an experienced personal injury attorney to prove your case. It is not enough to simply say that the attack occurred and a building with better safety measures could probably have prevented it. A personal injury attorney will piece together essential evidence to support your case. For example, if the attacker entered through a door with a broken lock, an attorney will build a case that sufficiently proves that the locks were weak, that the landlord knew the locks were insufficient and did not replace them, or that the attacker deliberately chose a building with poor locks to target. It must be evident that the attack was significantly affected by the building owner’s negligence.

There may also be other responsible parties that should be held liable. If the building owner contracted a security company to stand guard in the lobby, and an attack occurred because an intruder slipped past a sleeping guard, then an experienced personal injury attorney will also look into holding the security company accountable.

It is extremely important to choose the right attorney to represent your personal injury case. Premises liability is extremely nuanced, and only an experienced personal injury attorney will be able to seek all avenues of compensation. If you or a family member has suffered an assault that could have been prevented with better security, call Hach & Rose, LLP today for a free case review.

Whether you choose to take an elevator or escalator for convenience, or you are disabled and this transportation is necessary, you should be guaranteed a safe ride. We take elevators and escalators so frequently that we often take for granted that they will work properly. However, we all know a horror story of a time when an elevator broke down and injured someone. They’re a terrific convenience when they work, but accidents can be catastrophic.

Because the machinery is so complex, New York has specialized local laws that govern elevator installation, inspection, and maintenance. Often, a building that has an elevator employs a service contractor to maintain the machinery and call upon for service. An experienced personal injury attorney will be familiar with the specific laws that affect your case and will understand the nuances between the building owner and the contractor.

Types of elevator accidents can include:

• Limb trapped in door
• Trapped in elevator car
• Sudden acceleration
• Sudden deceleration
• Hoist cable failure
• Communication failure

Escalators are another convenient form of transportation within large buildings like shopping malls or office buildings. However, if not maintained properly they can be extremely dangerous. A caught piece of clothing, the shoe of a small child, or an abrupt stop could all cause devastating injuries. Escalator machinery is not what it once was when first created, and there are many safety measures that should be in place to prevent harm. Unfortunately, these safety measures can fail, especially if the service company has not properly maintained the escalator.

Similar to elevators, a building manager or landlord will often contract a company to service their escalator and provide service and maintenance. The company contracted to maintain an escalator or an elevator has a duty to service and regularly inspect the machinery for any defects. They can be held liable if maintenance is not performed, or if the escalator or elevator is cleared for use when they are aware of potentially dangerous defects. So too can the owner or landlord of the building be held liable for injuries if they do not call for service, regular upkeep, or if the landlord allows the machinery to be used by visitors when they are aware of some potentially hazardous incident that has not been resolved. Elevator and escalator accidents often occur when a building owner does not want to spend money to update or upgrade the equipment.

It doesn’t take an electric shock attorney to tell you that electric shocks are extremely dangerous. It can leave a victim with permanent damage and has the potential to be fatal. Complications that arise from electric shock can include burns, neurological defects, permanent heart conditions, and more.

Electric Shock in the Workplace

In the workplace, electric shock can result from malfunctioning machinery, unsafe working conditions, or improperly maintained equipment. These incidents will typically affect workers that deal with wiring regularly, like an electrician. Labor laws require that workers are provided with safety equipment, like rubber gloves, heavy-duty rubber boots with thick soles, and other protective gear. If a worker was not given the proper tools for the job, or if equipment was malfunctioning in an unsafe manner, the employee should speak to an attorney about compensation for their injuries.

The New York State Department of Labor has enacted Industrial Code No. 23 which requires any job with clear hazards to be conducted safely. This includes jobs within construction, demolition, electricity, fire, and heavy machinery. The code states that employers in these types of fields must provide safe working conditions, supply employees with protective equipment, and ensure safeguards. Failing to uphold safety regulations will result in harsh penalties for the employer. The Occupational Safety & Health Administration (OSHA) can issue fines to employers that are discovered to be endangering their employees.

Concerning electricity specifically, employees must follow lock out/tag out procedures when people are working. Lockout/tag out is a safety procedure that prevents a machine from being used if it is unsafe. If a someone is using equipment that is malfunctioning or hazardous, lockout/tag out procedure requires the worker to isolate the equipment and then lock and tag it. The worker then keeps hold of the key so that no one inadvertently unlocks the machine before it has been fixed. If an employer insists that productivity must hold precedence over safety and ignores lockout/tag out procedures, someone could get very seriously injured. This system is required by OSHA and any violations should be reported.

Non-Work-Related Shock Injuries

For those who don’t work in the construction industry or as an electrician, electric shock can still be a danger. A common cause of electrocution is fallen or faulty power or electrical lines. Disruption due to high winds, storms, or other issues can be extremely dangerous, and it is the duty of the power company to quickly repair these issues for the safety of the community. If the power company fails to take care of these dangers in a reasonable amount of time, the company can be held responsible.

Defective products are another risk for electrical dangers. Poor design, installation, or manufacture could cause serious injuries. Appliances, power tools, and medical devices are all likely candidates for electrical issues.

When it comes to electrical shock, there are many potential causes and it can be difficult to ascertain who is responsible. If you have suffered from a serious electrical injury, you should contact an experienced personal injury attorney. Your attorney will determine who should be held at fault for the injury and proceed from there.

Fires and gas explosions can cause tremendous damage and injuries from these accidents are often catastrophic. Severe property damage, burns, and death are all potential consequences. These fires can be caused by defective propane tanks, unsecured construction sites, highly combustible fuels, heavy machinery with defective gasoline tanks, unmaintained fire alarms, and more.

Fire and explosions often occur due to negligence. For example, a defective design can cause a gasoline tank to explode. A building manager may fail to perform regular maintenance on smoke and fire alarms in a building. If proper care is not taken, these can become ticking time bombs that have the potential to cause horrific destruction.

The Residential Code of New York State (RCNYS) section 317.1.1 sets minimum standards for all residential homes. Smoke alarms must be installed in the immediate vicinity of all bedrooms. Another smoke alarm must be installed within each bedroom. Finally, one smoke alarm must be installed on each level of the home. In April 2019, New York passed a law requiring all smoke alarms to have 10-year batteries permanently sealed inside the device. This is to prevent people from removing the batteries from smoke alarms, causing them to be inoperable. All property managers must make sure their buildings are equipped with functioning smoke alarms that are placed in the appropriate locations throughout the residence. Failure to do so could result in catastrophe.

In a recent case, Hach & Rose, LLP represented a father and son who were caught in a horrific fire. The fire was the result of an explosion caused by faulty work performed by Con Edison. The force of the blast and subsequent fire caused the building to collapse. Both men suffered burns and additional injuries as a result of the accident. Thanks to our attorneys’ expert knowledge of the law in the area of fire accidents, Hach & Rose, LLP recovered millions of dollars for this family.

If you or a loved one has suffered from a fire accident, contact an experienced personal injury attorney who can help you determine if the fire was caused by someone’s negligence. It is best to seek the counsel of an experienced attorney, rather than assuming you don’t have a case.

Commercial and residential buildings in New York are required to be kept safe at all times, within reason. This means that the owners of these buildings are responsible for keeping them maintained and protected from egregious hazards, including snow and ice. Unfortunately, often in the interest of keeping costs down, these buildings are allowed to fall into disrepair and become hazardous. These unsafe conditions can lead to many types of accidents from slips, falls, elevator accidents, electrical shortages, and more. Often these accidents could have been easily prevented by regular maintenance.

In order to bring a claim against a building owner for an accident that occurred in a commercial or residential building, the victim must prove that the owner was aware, or should have been aware, of the dangerous conditions that led to the incident. In order to prove that the owner was at fault, documentation needs to be collected. Maintenance records, surveillance videos, photographs of the scene, witness interviews, can all make the difference between success and failure in a lawsuit. This can be complicated and should therefore be left to experienced personal injury attorneys. They will have the knowledge and experience to determine who should be held at fault and how best to prove the negligence.

Additionally, sometimes conditions on NYCHA properties are far less than ideal. When a person is injured as a result of these poor conditions, a Housing Authority claim can be appropriate.

Every day children are injured at our schools, which makes sending our children off to school each day difficult. Entrusting their safety to strangers is a stressful experience for a parent. When that trust is violated, the results are devastating for both the parent and the child. Educators are required to provide a safe environment for their students.

Each year roughly 4 million students in the United States suffer serious injuries. These statistics from the Center for Disease Control (CDC) demonstrate that dangerous accidents can happen all over school grounds. Accidents happen because of unsafe practices in the science lab, slips and spills in the hallway, or injuries in a poorly maintained playground. It is imperative that school officials take the welfare of our children seriously.

In New York State there are a multitude of safety regulations imposed on schools. These detail how to construct a building that is safe for everyone. These regulations cover every possible detail, from how many people can safely occupy a classroom, handicapped accessibility, materials that are recommended for use. They even address the appropriate lighting in the building. These regulations ensure that the school building is a healthy space for both teachers and students. Of course, these elements can quickly deteriorate if improperly maintained, which can result in unnecessary danger.

According to the National Program for Playground Safety (NPPS), nearly 60% of all injuries that result in litigation are caused by a lack of equipment maintenance. School playgrounds are no exception to this statistic. The NPPS further states that a well-designed maintenance plan should be in place when the playground is constructed, not merely coming up when the first crisis occurs. Maintenance plans should be based on the age of the equipment, the size and type of the pieces, and how often it is used. Playgrounds should also be regularly inspected by an NPPS Certified Playground Inspector.

These regulations exist for a reason. It is the failure to follow these regulations which often lead to accidents. When they do, it is important to find out which protocol was violated. We must also find out how to prevent these accidents so we can protect school children in the future.

If your child was injured on school grounds, it is important that you consult with a personal injury attorney as soon as possible. With the teacher at fault, upper management, and a school board all potentially working against you, you’ll need to make sure you have experienced and knowledgeable counsel to advocate for you.

As we go about our day, we take for granted that the businesses or residential buildings we visit are well maintained. We may be on the lookout for any trip hazards on the ground, but an object falling from above is unexpected and potentially dangerous. Owners of commercial and residential buildings have a responsibility to maintain these properties in a reasonably safe manner. This includes the more obvious areas like lobbies, apartments, stairways, and ceilings, but it also includes the property surrounding the exterior of a building, like sidewalks, courtyards, parking lots, and driveways.

Falling debris, perhaps from an improperly maintained roof or a construction project, can cause serious injuries. If the building is in serious disrepair, innocent victims could be trapped in a building collapse. An injury caused by an unmaintained property could have been prevented, and the property owner should be held accountable.

If you have been injured by falling debris, or an otherwise ill-maintained property, it’s important that you contact a personal injury attorney immediately. In order to file a claim against a property owner for defective maintenance of a building, the victim must be able to prove that the owner was aware, or should have been aware, of the condition that caused the incident. Without an experienced personal injury attorney, these things would be difficult, if not impossible, to prove.

If you’re a resident or frequent visitor of NYC, you’ll know that cellar grates can be seen in abundance on any city block. They have become a normal part of the landscape and are so common that most of us don’t think twice about walking over them. Unfortunately, these grates are not foolproof, and need to be maintained regularly so that they don’t become a hazard. They can cause serious injuries and even death, and it’s the responsibility of the property owner to keep the city sidewalks safe for patrons and passersby.

According to the New York City Administrative Code Sidewalk Rules, the following are the responsibility of property owners who maintain a cellar grate that is in the path of pedestrians.

The commissioner shall direct the owner to install, reinstall, construct, reconstruct, repave or repair only those sidewalk flags which contain a substantial defect… [including] hardware or other appurtenances not flush within 1/2″ of the sidewalk surface or cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition.

When a property owner fails to maintain their cellar grates, serious injuries are likely to occur. If the cellar doors are not flush with the sidewalk, which can happen easily over time, the misaligned doors can cause a tripping hazard. Another issue that can arise is slick, slippery doors that can lead to serious falls, especially when it rains. Cellar grates should be covered with anti-skid material to prevent these falls, but the covering can erode over time. Faulty cellar doors can even give way, causing an unwitting pedestrian to fall through with potentially serious or deadly consequences. An employee could also leave the cellar doors open, which might be obvious to passersby during the day, but hard to see at night. Any of these issues can cause harm to someone walking by.

To begin your claim against a property owner for an injury caused by a cellar grate, you should contact an experienced personal injury attorney. The attorneys at Hach & Rose, LLP will first obtain proof that the property owner knew, or should have known, about the faulty cellar grate. Then, we will collect evidence to prove that the faulty cellar grate was a substantial factor in causing your injury. To support the claim, your attorney will seek out witnesses, any relevant photos or video footage, and speak with an engineer about the reasons why the cellar grate failed.