Now that the weather is warmer, more children will be spending time outside. If you have your own children, or will have children as guests on your property, it is necessary to take proper precautions to ensure that they will be able to play safely. Additionally, even if you do not have children, you still need to ensure that your property is safe to avoid liability if you have what is referred to in the law as “an attractive nuisance” on your property.
An attractive nuisance is something that might catch a child’s attention and encourage them to trespass onto your property. Some common examples include pools, fountains, abandoned cars, or anything a child might be drawn to play on or in. Natural landscape elements such as hills or lakes usually are exempt from qualifying as an “attractive nuisance.” Farm animals also typically exempt from the doctrine.
A property owner may be held liable if:
- They knew or should have known that children had, or were likely to, trespass on the property.
- The condition on the property had the potential to seriously harm a child.
- The child trespassing was too young to understand the risks associated with their actions.
- It would cost reasonably little to repair the condition, as compared with the risk it presented.
- The property owner did not take reasonable measures to remedy the condition.
A property owner may escape liability if the trespass was not foreseeable; fixing the condition posed a tremendous financial burden; or if the child was old enough to understand the risks associated with their behavior.
If your young child has suffered an injury on someone else’s property, they may be entitled to damages. Contact an experienced personal injury attorney to discuss your legal options. Call the Law Office of Ernest Holzberg & Associates at (212)391-1139.
A Brooklyn bicyclist was fatally struck by a private sanitation truck last month, January 17, in Long Island City, Queens. Tragically, this was the first cyclist to be killed by a vehicle in 2015.
According to the New York Police Department, the 36 year old male victim was struck at the intersection of 41st Avenue and Vernon Boulevard in Long Island City around 7:15 p.m.
The sanitation truck, traveling northbound on 41st Avenue, was making a right turn onto Vernon Boulevard when it hit the victim. EMS pronounced him dead at the scene. The driver of the truck remained at the scene and the NYPD Collision Investigation Squad is continuing their investigation.
As part of his Vision Zero plan, New York City Mayor Bill DeBlasio has ordered the installation of truck-guards, which fit between the front and rear wheels of trucks and prevent anyone hit from falling under the vehicle. The guards are estimated to cost about $3,000 per truck. Mayor de Blasio has begun to retrofit more than 200 city trucks with protective guards to help prevent such fatalities
According to the mayor’s office, trucks make up only 3.6% of the vehicles on city streets but account for 32% of cyclist fatalities and 12.3% of pedestrian deaths in collisions. However, according to data provided by the New York Daily News, regions which have widely adopted the implementation of the truck guards have seen a 61% decrease in pedestrian-truck fatalities. Such areas include, Boston, Portland, and England.
If you or someone you love has been the victim of a bicycle accident, contact our experienced New York personal injury attorneys at the Law Offices of Ernest Holzberg and Associates. Securing effective legal counsel can result in the award of damages to compensate victims for medical bills, lost salary, pain and suffering, and lost future earnings. Call at (212) 391-1139 to schedule your free consultation.
A number of individuals were reported injured in late December 2014, when a multi-vehicle crash sent a school bus into a Woodside, Queens building. According to reports, two cars and a school bus collided at the intersection of Woodside Avenue and 59th Street. The accident caused one vehicle to end up on the sidewalk and sent the school bus crashing into a building that houses a number of stores and restaurants. Reports indicate that children were onboard the school bus at the time of the crash.
In total, 17 people were injured, two of whom were seriously hurt. The injury victims included four adults, the school bus driver, a pizza shop employee, and the drivers of the livery and taxicab also involved — each suffered minor injuries. They were taken to Elmhurst Hospital Center. There were 15 children on the bus, all between the ages of 6 and 10. However, according to officials, they all refused medical attention.
For those injured in accidents such as this, it is important to document the accident. Take photos and videos, and immediately write down everything you remember about the accident. This will help insurance companies and attorneys to determine responsibility for the accident. As soon as possible, it is recommended that you consult an experienced personal injury attorney to discuss your situation and determine what compensation you may be owed.
Automobile accidents happen every day. Victims from such accidents may be eligible to recover compensation for their injuries, lost work, and other damages. If you or a loved one has been injured in a car accident, please contact the experienced New York City personal injury attorneys at The Law Office of Ernest Holzberg & Associates today at (212) 391-1139 to schedule your free consultation.
What is a slip and fall claim?
A slip and fall claim is a type of personal injury claim based on premises liability. In personal injury law, a claim based on premises liability generally refers to an injury caused by an unsafe condition on someone’s property. Although a ‘slip and fall accident’ injury can be caused by a number of unsafe circumstances, some common conditions that can lead to a slip and fall include defective staircases, accumulations of ice and snow, wet or oily floors, hidden extension cords, loose rugs or carpets, broken or loose flooring, sidewalks, steps, or stairs.
What does a slip and fall claim require?
To prevail in a case based on premises liability, you generally have to prove several things. You must show that you were on the property because you live there, or the premises are open to the public, or you were invited on to the property, or had other reasons to be on the property. Secondly, you must show that the owner of the property was negligent in creating or in dealing with an unsafe condition. This means that the premises owner knew or should have known about the unsafe condition, yet failed to address the condition either by fixing it or providing adequate warning and notice as to its existence. Third, you must show that your injury was the result of the premises owner’s negligence in failing to address the unsafe condition.
For example, during winter months, a common example of negligent maintenance comes after an owner fails to adequately remove snow and ice from the sidewalk near their property. When it has snowed, all property owners/building managers know that it is their responsibility to clear the snow and provide pedestrians with a safe walkway.
Have you been injured?
If you or a loved one have been injured due to an unsafe condition on someone else’s property, you may be entitled to compensation for your medical bills, lost wages, and other damages. For more information about filing a slip and fall claim, please contact the experienced personal injury attorneys at The Law Office of Ernest Holzberg & Associates.
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