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premises liability Archives | Kahn Gordon Timko & Rodriques P.C.

Seven children hurt in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, July 30th, 2016

A serious crash in Lynnbrook has sent seven children to local hospitals, according to local sources. New York police responded to the car accident on Long Island the afternoon of July 18. So far, they have yet to file charges against either driver involved in the crash, but their investigation is ongoing as of this report. 

According to police, around 1:00 p.m., an SUV was broadsided by a pickup truck in an intersection. The driver of the pickup truck was the only occupant of that vehicle, and two other adults were in the SUV at the time of the crash. None of the adults sustained any serious injuries in the collision. However, all seven children in the SUV, ages 9 to 14, sustained various injuries. One child was airlifted to a local hospital in serious condition due to head trauma. 

Police are still attempting to determine which of the drivers had the right of way at the time of the crash, but they have not released any concrete statements. They have also not publicly discussed what might have led to the crash. Reportedly, they have not ruled out speeding, recklessness, negligence or even intoxication at this time. However, no charges have yet been filed against either driver. 

It will be up to New York authorities to determine fault in this car accident. The driver deemed responsible may face a criminal charge. In addition, the families of the injured children may also be in a position under state law to file personal injury suits against the responsible driver on behalf of their injured children. These suits are considered civil and do not require criminal convictions to move forward. 

Source: CBS New York, “7 Children Hospitalized After Lynbrook SUV Crash“, July 18, 2016


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Woman dead, daughter injured in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, July 30th, 2016

A father and husband is grieving after a fatal collision in Queens on July 17, according to local sources. New York police say they are still hunting for the driver believed to be responsible for the fatal car accident that claimed the life of one woman and left her daughter in critical condition. The police investigation is ongoing at this time, but police say they hope to apprehend the driver soon. 

According to the accident report, the 40-year-old woman and her 9-year-old daughter were both passengers in a vehicle traveling in South Ozone Park around 5:00 p.m. when the accident happened. An SUV that was seen traveling at a high rate of speed struck their sedan, killing the woman at the scene. Her daughter, as well as a 71-year-old male passenger, were both rushed to local hospitals. Miraculously, the driver was uninjured. 

The SUV continued striking parked cars before coming to rest. The driver escaped on foot, leaving a passenger in the SUV who was also taken to a hospital. Police are still searching for the driver, but they hope that by interviewing the passenger and seeking the support of the community, the driver will be apprehended quickly.

When New York police catch the driver, he or she will likely be charged with at least one crime in connection with the fatal car accident. In addition, civil suits on behalf of the deceased woman and her injured daughter, as well as the other passenger, could be filed against this driver. It may benefit civil cases of these types to draw from police evidence used to support any criminal charges that are filed. 

Source: NBC New York, “Mom Killed, Daughter Critically Injured in Violent Collision in Queens: NYPD“, July 18, 2016


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NFL kicker sues Bucs for premises liability over MRSA infection

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, April 11th, 2015

Whenever groups of people have to share facilities at a sports club in New York or elsewhere, they expect to be safe from health and infection hazards. Property owners of such facilities are responsible for ensuring hygienic change rooms and showers that are free of infectious bacteria that can spread through sports teams within days. When professional athletes suffer such infections, they may not be able to continue playing the sports that provide their incomes. A former NFL kicker recently filed a premises liability claim in another state against the Buccaneers, alleging a lack of proper sanitary management.

In the lawsuit, the kicker claims to have lost large amounts of money due to an MRSA infection contracted at the Bucs’ facilities. The outbreak of MRSA apparently occurred in Aug. 2013 and ultimately affected the plaintiff and two other players. Together with the National Football League Players Association, the kicker lodged a grievance two months later, alleging the Buccaneers failed to handle his medical situation properly.

The plaintiff claims that, by Oct. 2013, his MRSA infection resurfaced, and says a scheduled game was almost postponed due to the situation. He accuses the Bucs of concealing continuing occurrences of individuals being infected after visiting the facilities. The providers of treatment for the plaintiff’s infection are also accused of failure to ensure sterility of surfaces and the devices and equipment used during therapy sessions.

The plaintiff seeks $20 million, claiming the MRSA infection caused the end of his career. New York residents who have suffered personal injury as the result of unsterile and unhygienic practices at sports clubs or gyms may pursue premises liability claims. With properly documented evidence of negligence, along with the successful presentation of such claims in a civil court, victims may be awarded monetary judgments to compensate for medical expenses and other documented losses as allowed by applicable laws.

Source: CBS Sports, “Ex-Bucs kicker suing team for $20M over career-ending MRSA infection“, Will Brinson, April 7, 2015


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New home developments can raise premises liability issues

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Thursday, May 1st, 2014

These days, it seems like new houses in New York are built faster and faster. And the moment families are allowed to move in, they are often eager to do landscaping and put their personal touches on their new home. Unfortunately, however, the hastiness on the part of building and cleanup crews to finish construction projects on deadline may result in unsafe properties for new homeowners and serious premises liability concerns. One homeowner was recovering in the hospital recently after sustaining a potentially fatal injury while doing simple yard work.

The Texas man was treated in the hospital after requiring emergency medical care and surgery for a nail that reportedly punctured his chest after being caught by the lawnmower the man was using to cut down weeds that were growing near his home. The man is a retired combat medic with the U. S. Army, and he and his wife were luckily able to address his injury before emergency responders arrived at the scene.

The weeds that the homeowner was cutting were on undeveloped land adjacent to his property, and it is believed that the nail that injured the man was left over from the recent construction of the housing development he and his wife lived in. According to the accident victim’s wife, his injuries could have been much more serious if the nail had struck him in a different area of his chest.

When determining who, if anyone is liable for these types of premises liability injuries, it is always recommended that individuals seek the advice and legal counsel of an experienced attorney.

Source: abclocal.go.com, “Man recovering after freak lawn-mowing accident,” Kevin Quinn, April 18, 2014


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Early compensation may be tactic against premises liability suits

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, April 5th, 2014

While no one can deny that the city of New York is showing signs of its age, important standards are in place to ensure that the city’s infrastructure is maintained. As it is, federal guidelines mandate that companies that control gas pipelines throughout the city conduct routine maintenance and assessments for pipe damage and aging. In the event that a serious premises liability incident occurs, companies can be held liable for negligent and/or otherwise dangerous conduct. Since it has been linked to a recent multi-fatality building collapse, one gas company has responded even before lawsuits have been filed.

The building explosion that occurred in East Harlem recently took the lives of eight people and left many others injured. The exact cause of the incident is still under investigation, but it is suspected that a natural gas leak contributed to the blast. And even though it was not officially confirmed that a gas leak caused the fatal explosion, the company that runs a gas pipeline in the area has already begun compensating victims.

Consolidated Edison Inc. reportedly maintains a pipeline in the neighborhood that is more than 100 years old. And since it was determined that a gas leak may have played a role in the incident, the company issued payments to 87 victims already.

Despite the fact that the gas company had yet to be identified in any premises liability lawsuits, one source suggests that the early compensation efforts are intended to relieve the company of potential damages to come. The money that victims have already accepted from the gas company would likely factor into the amount of awards they’d receive if they were to win a lawsuit. Also, some victims may be less inclined to pursue claims against the company since they have received some level of compensation.

Source: Wall Street Journal, “ConEd Paying East Harlem Explosion Victims,” Yoni Bashan, March 19, 2014


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Determining fault in ski-related premises liability cases

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Friday, March 28th, 2014

Despite the fact that spring is quickly approaching, many outdoor recreation enthusiasts in the state of New York are still enjoying activities like skiing and snowboarding. In fact, the slopes are populated by those intent on making the most of the short ski season that remains. That also means, though, that people are subjecting themselves to increasingly unstable ski conditions and other issues like overpopulated slopes. In the unfortunate event that someone is involved in a ski accident, it’s important for them to understand their legal rights and options for pursuing a personal injury case.

When skiers collideWhile each ski collision case must be reviewed for its unique factors and conditions, there are general guidelines that apply to most situations. For example, it is conventionally believed that the downhill skier has the right-of-way on the slopes. Similarly, the uphill skier is typically liable for an accident, since he or she may have the best opportunity to avoid a crash. Because it can be difficult to determine liability in such cases, it’s always recommended that individuals seek sound legal counsel to determine if anyone is at fault in a one-on-one ski accident.

Unsafe ski conditions
Of course, part of the appeal of skiing and snowboarding is engaging in the natural environment. And because Mother Nature is unpredictable, there is always the chance that skiers will be subject to unsafe weather conditions. That is not to say, however, that ski facilities and resorts are incapable of maintaining a safe environment in most cases. Ski-related premises liability incidents can be increasingly difficult to prove since property owners may attempt to deny responsibility for injuries to customers. As a result, anyone that believes they sustained a ski injury as a result of poor property maintenance or negligence should consult an experienced attorney immediately.

Source: digitaljournal.com, “Skiing accidents a common part of winter in Utah,” March 14, 2014


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Cruise guests not protected from all dangerous premises injuries

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Wednesday, February 12th, 2014

It is completely understandable that personal injury guidelines are not the first thing most people consider when they think about going on vacation. After all, the point is usually to experience the thrills and relaxation of leaving one’s everyday routine behind. Unfortunately, however, some tourists are confronted with serious issues while on vacation and it’s important to understand their rights in such cases. A fatal premises liability incident aboard a New York cruise ship sheds light on what can go wrong and how individuals can be limited in options and legal recourse.

While cruise ships are designed to offer all of the same world-class, luxury accommodations and amenities as resort hotels, there are some notable differences between the two. For one thing, many ship swimming pools are not staffed by lifeguards and ship passengers are often subject to a policy of swim-at-your-own-risk. Furthermore, maritime laws pertaining to cruise ships differ in the way that they apply to personal injury and premises liability incidents in some cases.

A major incident occurred recently on a Norwegian cruise ship docked out of Manhattan. The ship, which boasts 18 decks, numerous swimming pools, and a water park, was en route to the Bahamas when a pool incident involving two young boys occurred off the shores of North Carolina. While details concerning the event are limited, the two boys were reportedly found unresponsive at one of the ship’s pools. The six-year-old victim was revived and transported to an area hospital, but the four-year-old victim sadly died.

It is not stated if a lifeguard was on duty at that particular pool or whether the children were in the care of their families at the time the incident occurred.

Source: Yahoo! News, “1 child dies, 1 hospitalized after cruise incident,” Emery P. Dalesio, Feb. 4, 2014


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Catastrophic premises liability incident takes two lives

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Friday, January 31st, 2014

Just as homeowners and business owners have a responsibility to ensure the safety of all visitors to their property, New York employers are charged with accounting for the safety and well-being of workers at any job site. After all, many fields of work place employees within close proximity to hazardous materials and dangerous conditions. In the event that an accident occurs at a workplace, the employer and/or property owner may face serious premises liability accusations. Only time will tell what allegations, if any, property owners may face in a fatal plant failure incident that occurred recently.

Apparently, industries that handle the use and processing of grain do so under particularly hazardous conditions, since the buildup of dust from grain can cause explosions and fires at a facility. And as the Occupational Safety and Health Administration notes the risks of working with such materials, authorities are now investigating a fatal incident that occurred recently at a livestock feed processing plant in Omaha, Nebraska.

38 individuals were reportedly in the processing plant in the morning hours at the start of one workweek when the incident occurred. Despite the fact that authorities refused to identify what the exact incident was, they did claim that the plant failure was disastrous. Emergency responders on the scene were forced to remove several individuals from the building and free one accident victim who was reportedly trapped by debris.

Of the 10 victims that required medical treatment following the incident, six reportedly sustained noncritical injuries, while four others were admitted with life-threatening injuries. It was determined that two individuals died in the incident, even though one body had yet to be recovered. Hazardous weather conditions were affecting recovery efforts.

Source: cbsatlanta.com, “2 dead in Omaha industrial accident,” Jan. 20, 2014


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Criminal charges accompany premises liability case

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Tuesday, November 19th, 2013

New York hotels welcome millions of guests every year. Offering popular amenities like spas, workout facilities and swimming pools, part of the appeal of staying at a hotel is that families can come together and enjoy various activities together. A number of people’s hotel stays were dramatically affected recently when an electrical issue in a swimming pool resulted in one man’s death and risked the lives of many. Now, the family of the fatality victim is aggressively pursuing a personal injury case against those accused of causing the incident.

Following the fatal incident, multiple Texas departments conducted an investigation and determined that faulty lighting installed in the Hilton Houston Westchase Hotel pool contributed to an electrocution incident. Authorities also determined that the company hired to install the lighting and repair the pool was not permitted to do so by the city. Apparently, a circuit interrupter needed to instantly cut off electricity was not installed with the pool light wiring. Furthermore, the pool was not bonded correctly.

The company hired to make the pool repairs is accused of causing the fatal August incident, when several people were shocked while swimming. The incident allegedly occurred when the pool lighting malfunctioned, electrocuting swimmers. The fatality victim reportedly died after saving the life of a child in the deep end of the pool. It was later ruled that the 27-year-old man died from electrocution.

Since the incident, law enforcement has charged two electricians with the company with criminally negligent homicide for allegedly performing inadequate work that resulted in death. Similarly, the family of the victim has filed a premises liability suit against the hotel, and is asking for more than $1 million in damages.

The hotel is reportedly cooperating with authorities. Though, the two criminal suspects had yet to be apprehended.

Source: chron.com, “Electricians charged in electrocution of man at Houston pool,” Nov. 8, 2013


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Young child hospitalized after falling out of amusement park ride

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Tuesday, August 27th, 2013

Accidents can happen anywhere and sometimes they are not preventable. However, on other occasions accidents happen because someone is negligent or doesn’t exercise enough care. If someone in the New York area is hurt or injured because of a person or business’s negligence they may be entitled to compensation.

A 5-year-old boy was hurt on a Coney Island amusement park ride after apparently trying to exit the ride while it was still moving. The young boy hurt his head and leg when he somehow became stuck in the track between the car he was riding in and the one directly behind it. Apparently the boy decided to get off the ride as it was moving and was able to slide under the guardrail.

Amusement park workers and paramedics both tended to the boy to help free him from the track. The boy was taken to the hospital and was reportedly listed in stable condition. It is not known at this time if there was any negligence by the amusement park or if more could have been done to prevent the accident from happening.

If it is determined that the amusement park was negligent in any way and that workers could have done more to protect the boy a court could find them responsible for the boys injuries and order them to pay the boy compensation. His family might want to contact a premises liability attorney who can help them determine how to handle all the legal aspects of this incident.

Source: CBS New York, “Boy, 5, injured on Sea Serpent kiddie coaster at Coney Island,” August 14, 2013


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