Michael J. Gaffney Attorney at Law
Michael J. Gaffney 1164 Victory Blvd., Staten Island, NY
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Premises Liability Archives

Holding property owners responsible after slip and fall accidents

With the end of summer and autumn just beginning, it will not be long before New Yorkers are getting out their snow shovels and winter gear to deal with cold weather. And, with cold weather comes the risk of slipping and falling due to ice. Though, at first glance, a person slipping and falling might not be viewed as significantly dangerous, but it can lead to broken bones, cuts, head injuries and spinal cord injuries. It can even result in death. However, it is a property owner's responsibility to keep the area safe for those walking on it.

Who is responsible for sidewalk accidents?

Since 2003, the City of New York holds property owners responsible for injuries caused by unsafe sidewalk conditions, such as improperly maintained or icy sidewalks. This law is intended to protect the City from liability for injuries caused by a property owner's failure to keep the sidewalks in good condition.

Falling debris injured tourist in Tribeca

A tourist from the United Kingdom received an unwelcome and dangerous surprise when she suffered head injuries after an object fell out of the sky and crashed into her earlier this month in Tribeca. The debris fell off a residential building in an accident that the Department of Buildings said was preventable.

Woman recovers $600,000 after injury at Coney Island Beach

Under New York law, owners have a duty to keep their property reasonably safe, so as to avoid visitors being injured in preventable accidents. This means property owners must periodically inspect the premises and repair hazardous conditions. If they breach this duty, and a visitor is injured as a result, the injured person can seek compensation for their damages through a lawsuit. The legal theory behind this is known as premises liability.

Two children killed in apartment radiator accident

Generally, property owners have a duty to reasonably protect those visiting or living on the property from dangerous conditions. Failure to adequately maintain the property can cause people to be seriously injured. Some people may even be killed. One New York couple is reeling after the tragic loss of their two daughters. The tragedy occurred at the family's apartment after a radiator valve popped off, releasing hot steam into the room where the girls were sleeping. The daughters, aged two and one, passed away due to hyperthermia and internal organ failure. The girls suffered burns to over 70 percent of their bodies.

Property owners must provide visitors with safe conditions

Whether people are shopping at a department store or visiting a friend's apartment, property owners have a responsibility to make sure that their property is safe for visitors. While the amount of responsibility may vary based on what type of guest people are, the general rule is that property owners owe visitors some sort of duty to maintain the premises.

Baby killed in New York elevator accident

Every year, a number of New Yorkers are injured or killed while on someone else's property. Many of these incidents are caused by negligent property owners who fail to reasonably maintain the condition of their property. In a particularly tragic occurrence, a six-week old baby was killed recently after her stroller fell down an empty elevator shaft in a Brooklyn building.

Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
Fax: 718-447-9908
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