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The changes that occur to a woman during pregnancy increase her chances of falling. Slowly, her center of gravity moves forward and the tissue in soft joints begins to relax, making it more difficult for her to move as she did before. Additionally, changes in the inner ear exacerbate balance issues. Many women do fall during pregnancy for that reason.
But when her fall is caused by unsafe conditions on a premises that should have been cleared, the potential for serious harm to a mother and baby increases, particularly on hard flooring. Pregnant women are already dealing with uncomfortable physical changes and increasingly extra weight on her frame until she delivers, making good balance even more difficult. A fall during pregnancy is not only dangerous to the mother, but to the unborn child as well.
Duty Of Care
Property owners, managers and employees have a duty of care to ensure that a place of business open to the public is safe for everyone who enters. Failing to repair or remedy a hazard or warn visitors of a hazard is considered negligence. This field of law is known as premises liability.
Causes of slip and falls include:
- Wet or slick floors
- Uneven walkways
- Broken concrete
- Damaged flooring such as torn carpet or damaged floors
- Cluttered areas that block the footpath
- Stairs without handrails or in disrepair
Disregarding the safety of the public by not remediating a hazardous situation can be considered negligence. Slips and falls by anyone can lead to injuries such as sprains, broken bones, lacerations, nerve damage, spine/neck/head injuries as well as brain injuries. In the case of a pregnant woman, the injuries from a slip and fall accident can be damaging to her as well as her unborn baby.
Pregnancy Slip and Fall Accident Complications
Slipping and falling during the first trimester may just result in a little bruising and embarrassment. The body develops defenses to protect the baby during development. But as the pregnancy progresses, the risks increase during the second and third trimester. An expectant mother is not only more prone to not only falling, but sustaining injuries to herself and the baby, such as:
- Internal bleeding, resulting from injuries to the uterus and/or stomach that leads to damage to internal organs
- Preterm labor from the accident, leading to a baby being born before it’s viable leading to fetal death
- Placental abruption, when the placenta separates from the abdominal wall, leading to bleeding, distress to the unborn baby, preterm labor, and possibly death of the mother
After any fall, an expectant mother should check with her OB-GYN for any possible injuries or damage to herself or to her baby.
As with any slip and fall accident, it’s also a good idea to get pictures of the area where the accident happened, as well as witness information, and names of employees and managers on duty at the time.
For any type of slip and fall, you will be required to show that the other party’s negligence led to your accident and therefore caused your injuries. If you’ve suffered a fetal miscarriage (loss) along with other injuries such as broken bones, you will also have to have direct medical evidence demonstrating the link between the accident and complications or loss.
Insurers for the other party will naturally try to deny your claim, and either refuse to offer a settlement or offer a very small, insignificant amount of money for your injuries. Allowing a slip and fall lawyer negotiate on your behalf can help you get the compensation you need to take care of yourself after the accident.
Hoffmaier & Hoffmaier—A Slip And Fall Accident Law Firm In Greenwich Village
A pregnancy slip and fall accident can have longer-reaching implications than the usual broken bones, lacerations and other injuries. A fall can impact both the mother and unborn baby that results in more serious injuries, and in some cases, death. If you or your baby have suffered an injury during pregnancy after a slip and fall, consider seeking legal assistance immediately.
Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping residents of Greenwich Village and New York City after they’ve suffered injuries. Our contingency fee arrangement means we don’t get paid until you do, whether we settle your case or take it to court.
A new innovation in personal mobility allows urban dwellers to get around easier, and it’s almost better than walking.
Even in the age of Uber and Lyft for a quick ride, electric scooters are even better for faster short-distance trips. But that doesn’t mean that they’re any safer. Consider that you’re riding on a narrow plank with handlebars and wheels through crowded city streets in vehicular traffic that may or may not be paying attention.
What Are They, And How Do They Work?
Riders rent a scooter at a designated spot, ride to where they want, and leave it there. Companies pick up the scooters during the evening and re-charge them overnight.
These cute dockless e-scooters are small, and can reach a top speed of 15 to 20 mph. They’re rentable through a smartphone app, cost $1 to unlock and .15 a minute to ride, with a maximum of about $10 an hour. Most riders won’t be on them that long, so they’re also economical.
Bird scooters have been in Brooklyn for some time, even though they were there illegally. In many cases, the companies literally drop them on city streets and wait for people to rent them without getting permission from city officials first.
E-Scooter Accident Injuries
Shortly after Elizabeth, New Jersey legalized e-scooters, a rider was killed in a collision with a tow truck while riding a Lime scooter. While Lime and Bird electric scooters can be enjoyable, they aren’t without dangers. After multiple reports of injuries, Seattle banned the e-scooters until further notice.
Most riders don’t wear helmets, despite the safety warning when they unlock the scooter. Helmet free riding can lead to a series of accidents during their little trips, many of them severe. People who crash on an e-scooter tend to have the same types of injuries as bicyclists and pedestrians:
- Broken bones
- Facial injuries, including broken noses and jaw fractures
- Neck and spine injuries
- Head injuries, including severe injuries like skull fractures and concussions
Riders as well as pedestrians and bystanders have been injured, most frequently on their first ride.
E-Scooter Accident Crash Statistics
While is no shortage of anecdotal reports of injuries in news agencies, there are two legitimate sources of information on the subject. These two studies quantify the danger that these little scooters can unleash on unsuspecting riders.
Last year, the City of Austin Texas released the report from the Austin Public Health (APH) and the Centers for Disease Control (CDC) detailing their study of e-scooter accidents in the city. There were 271 individuals interviewed, and the following injuries were reported:
- Head injuries, 48%
- Upper limb injury, 70% (hand/arm/elbow/shoulder)
- Lower limb injury, 55% (foot/ankle/leg/knee)
- Chest/abdomen injury, 18%
Thirty five percent of the injured suffered bone fractures, and 19% had them in multiple body regions with a high number of arm and leg injuries. Many of these riders suffered injuries in multiple areas of the body.
A similar study in Los Angeles found that out of 249 patients that visited one of two emergency rooms for injuries sustained while riding an e-scooter, the most common were:
- Fractures (31.7%)
- Head injuries (40.2%)
- Soft-tissue injuries (27.7%)
Ten percent of the patients were under the age of 18, four percent were wearing a helmet at the time of their accidents, and four percent (12 riders) had either blood alcohol contents (BAC) greater than .05%, or the treating physician believed them to be inebriated.
E-Scooters Are Not Yet Legal In New York
Even though you can’t ride them in New York, you may visit other cities where e-scooters abound. It’s important to exercise caution if you decide to ride one, and follow all safety rules.
Despite the support from the scooter companies, late last year,New York Governor Andrew Cuomo vetoed a bill that would have allowed e-scooters throughout the state of New York. Although he is an advocate for alternative transit and personal mobility, his main concerns were for public safety and the lack of a helmet requirement. Governor Cuomo’s reasoning for the end-of-year veto was to prevent the legislature from modifying the bill and overriding the veto. This means that the process must start from the beginning and go back through the legislature again to be considered.
Since these electric scooters are motorized vehicles, they would be subjected to the same rules as every other motorized vehicle, including electric bicycles (which are still illegal in NYC), balance boards and skateboards. The e-scooters would also directly compete with the city’s bike sharing program, implemented with considerable support from the government.
There is also the question of where the scooters would ride. They can’t ride on sidewalks, and putting them in bike lanes means that bicyclists compete with motorized vehicles that buzz past them as fast as 20 mph. Additionally, they are more difficult to see than bicycles, giving them a higher chance of crashes.
Accident With An Electric Scooter? Call Hoffmaier & Hoffmaier
If you’ve been in an accident on an e-scooter, or an accident anywhere in New York, call us a call today for a free consultation at (212) 777-9400. Hoffmaier & Hoffmaier is a family-owned NYC personal injury law firm has more than 26 years’ experience working with injured people to get what they need. Our contingency fee basis means you’ll pay no fees out of pocket. We get paid when you do, whether we settle your case out of court or take it to trial.
New York is one of the most crowded cities in the US. Because space is at a premium and car ownership is extremely expensive, many residents don’t even own vehicles. But New York’s streets are just as dangerous as any other metropolitan city, complete with an alarming number of traffic deaths.
We’ve referenced Mayor Bill deBlasio’s Vision Zero plan many times. Today, we’ll discuss it a little more in-depth.
Vision Zero Defined
Initiated in 2014, the Mayor’s vision is to reduce traffic-related deaths on NYC streets to zero by 2024. Based on a similar program created in Sweden implemented in 1997, Vision Zero’s core theory is that traffic accidents and resulting deaths are attributable to flaws in street design.
Using available data, street design is being re-imagined and re-designed in order to make NYC streets safer and more available to everyone who uses them. From more pedestrian space to expanded dedicated bicycle lanes, the goal of Vision Zero is to ensure that everyone who travels on NYC streets, however they travel, can do so safely and without risking injury or death.
Foot travel is the most common way people get around in NYC, and there’s no way around it. Even if you take a bus or the subway, you’re still likely to have to walk somewhere.
Vision Zero includes initiatives to protect pedestrians, which includes re-coded traffic lights that give them a head start at crosswalks and more speed cameras installed around the city. “Pedestrian safety islands” and enhanced crossings offer a safe place to wait while crossing a street that goes in two directions, and the city is also adding more usable walking space to make it easier and more accessible.
The City continues to add more features that make foot travel safer and more amenable for everyone through its Borough Action Plan. WalkNYC also fills in the information gap of street navigation for pedestrians, including neighborhood maps located in subways.
Bicyclists were some of the hardest hit in 2019—literally. Of a total of 29 bicyclists that died in NYC, 28 were the result of motor vehicle accidents, and 25 were killed by larger vehicles such as trucks, SUVs and buses. A subset of 18 of those deaths occurred in Brooklyn. That’s triple the number of deaths the year before, and the highest number of cyclist deaths in the city since 1999.
Contrast that with the highest number of bicyclists ever, with nearly 500,000 trips taken citywide every day. (Source: DOT.)
In response, Mayor de Blasio has announced that in 2020, as part of the Green Wave plan, 30 miles of protected bicycle lanes will be created in the New York City area this year.
Four Wheels And More
Since its beginnings, New York City streets have been filled with all manner of vehicles, from the original horse-drawn carriages to modern-day limousines and 18-wheeler, with no signs of decreasing. With the advent of Uber and Lyft supplementing public and private transportation, including taxicabs, New York City has more drivers than ever.
Vision Zero is intended to allow everyone to share the road safely and prevent the needless death and destruction that road accidents can inflict. While Mayor de Blasio continues implementation, getting to zero traffic deaths in NYC will take time.
East Village’s Pedestrian Accident Law Firm
The Mayor’s realization for zero accident fatalities is still some months away, maybe even years. Until then, car accidents are still a regular occurrence. We can help you get the compensation you need if you’ve been injured in a New York City accident, whether you are a pedestrian, bicyclist or driver.
For over 25 years, Hoffmaier & Hoffmaier has been helping New Yorkers who have been hurt in an accident. Call us at (212) 777-9400 or contact us online, and we’ll talk to you about your case. Your first consultation is free. Our contingency fee basis means we don’t get paid unless we settle your case or win the trial.
Business owners know that even in New York City, finding the right talent for your company can be challenging. You may find it necessary to bring people in from outside of the US to accomplish your company’s objective, even on a temporary basis. If you’re considering bringing in international workers, managers, or other professionals, you must first determine if the skill set is available in the US. Only then will you be able to recruit from outside of the US.
When considering international recruiting, you have a number of additional requirements, including:
- E-Verify compliance and participation
- Form I-9 compliance
- Immigration and Customs Enforcement (ICE) training, policies, audits and other related matters
- Labor petitions for HB-1 as well as Labor Condition Application compliance
- L-1A and L-1B individual and blanket petitions for company transfers
- PERM Labor Certification
- Employment immigrant petitions for those with “extraordinary abilities”
For these reasons, and many more, it’s essential to seek experienced legal counsel when you’re ready to begin recruiting from outside the US.
The US issues several different types of non-immigrant visas that allow foreign nationals to work in the country.
One of the most well-known is the HB-1 Visa. These are issued to individuals from other countries with a bachelor’s degree or higher for a professional or other “specialty worker.” This means that the individual must have the equivalent of a bachelor’s degree and have a job offer from a US company, or be a university student. These visas are usually issued for people in the fields of:
- Information Technology
Any job or vocation that requires you to have at least a bachelor’s degree or the equivalent experience can be classified as a job for an HB-1 visa. There is a limit on the number of these visas that are issued every year, and so an employer bringing in someone on an HB-1 visa must file Petition for a Nonimmigrant Worker, Form I-129. HB-1 visas are generally valid for three years, and can be extended for another three years.
Australians who want to work in the US would file an E-3 Australian Professional Visa instead of the HB-1, and would not need to file a petition.
The L-1A and L-1B visas are for companies with foreign subsidiaries. When a company has managers and executives who have specialized skills and knowledge that a company would like to bring into the US, these visas can be used to transfer them.
Non-immigrant citizens of Mexico and Canada who practice certain professions can apply for a TN NAFTA visa. There are a range of occupations that are eligible to apply, including accountants, biological scientists, chemists, engineers, geologists, meteorologists teachers, and zoologists.
Investment companies that engage in investment in or trade with the U.S and have signed bilateral treaties with the US are qualified to bring in individuals with E-series visas. These are non-immigrant visas for citizens and companies who do a substantial amount of trading, and have specialized skills related to the business.
Artists, researchers, athletes, business people and educators who have “extraordinary abilities” in their fields can also apply for an O-1 visa, as well as those in the motion picture and television industries who are coming to the US to work on a project. Their abilities indicate that they have the recognition that makes them the best in their field, and exceeds other members in their field or industry. An example would be someone who works for the BBC in the UK and takes a temporary reporting job at a US network for a specific event or period, such as the 2020 presidential election.
Temporary Business Visitors
There are occasions when you need to bring individuals to your company for consulting, training, conferences, negotiation, and other business-related activities. B-1 Temporary Business Visas are for people coming to the US for a short-term business related stay. They are also for also required for workers who work from home as a telecommuting employee when they visit the US.
What About The Family?
Workers on longer-term work assignments may want to bring their families to the US, and will need help securing visas for them. A business immigration law firm can help with the transition and ensure that the family’s application is completed and submitted.
Legal Assistance For Business Immigration To Greenwich Village and New York City
Business immigration is extremely difficult and complicated, and the process doesn’t end once your employee acquires that visa. There are a number of situations where you may need assistance from an immigration attorney even after your workers are on the job. We are also able to help if they decide to become US citizens.
For a free consultation with our Greenwich Village business immigration attorneys, call our law firm today at (212) 777-9400.
At any given time, there are more than 26,000 restaurants of any kind in New York City. Not all of them will be around six months to a year from now, but there is always a “new place in town” that serves up something different than the one you visited last week.
A night out should be fun. But after a restaurant slip and fall accident in New York City, a night out can turn into anything but enjoyable.
Restaurant Premises Liability
Any business that welcomes the public must exercise their duty of care to keep the place safe and clean for their visitors. This is especially true of restaurants.
By their very nature, restaurants can be a hazardous place to be. Water, drinks, food, and other substances may be dropped on the floor and a slip happens before anyone realizes that it’s there. Floors wet from mopping can also be dangerous to patrons and employees. Other floor-bound hazards, such as damaged furniture, obstructions, broken stairs, and other trip hazards can also cause slip and fall or trip and fall injuries.
The law surrounding this type of issue is called premises liability, and it requires owners, managers and employees to keep a restaurant (or any commercial premises) safe for all who enter. Restaurants are required to inspect their premises regularly, and correct any conditions that could be a problem for patrons. When owners, employees and/or managers fail to regularly inspect the restaurant for such issues, and allow a dangerous condition to continue, it can be considered negligence.
After The Fall
Most people expect to have a good meal in a NYC restaurant, take a few pictures for social media, and talk about it after they leave. No one expects to have a slip and fall accident in a restaurant.
Should you find yourself in such a position, take pictures immediately—of the area where you fell, what caused your fall, and the surrounding area. If you’re unable to, ask someone to take those pictures for you. If there are any witnesses, collect their contact information as well. Avoid speaking to the staff and management as much as possible, and of course, don’t say anything that could sound as if you were admitting fault, such as “I’m sorry,” or “It’s my fault.”
Seek medical attention, even if you think your injuries aren’t severe. Get copies of all medical records, X-rays, prescriptions, and other related expenses together. Taking immediate action shows that you are indeed injured, and will help build your case.
When you are able, contact and meet with a New York City restaurant slip and fall accident attorney to discuss your case. The longer you wait, the more time elapses for evidence to go away, for witnesses to forget, and your injuries to heal.
Slip And Fall Statistics
When most people think of an injury from falling, they generally think of people over 65. But slip and fall accidents can injure anyone, and are the leading cause of serious injuries to people of any age.
Every year, there are eight million emergency room visits for falls, and one million of those are for slip-and-falls. Five percent of the people who are injured in falls suffer fractures, with hip fractures the most serious in the elderly.
The total yearly costs for injuries is estimated to be $13 to $14 million, Falls can lead to additional injuries such as joint and tendon damage, cuts and bruises, spine and neck injuries as well as traumatic brain injuries.
If your fall results in more serious and costly injuries, a slip and fall attorney can help you get the compensation you need to take care of yourself.
Hoffmaier & Hoffmaier—A New York Slip And Fall Accident Law Firm
Slip and fall accidents can happen anywhere in New York City, any time. Restaurants, bars, and other establishments with food and drink can be particularly dangerous if they’re not kept clean and safe for patrons.
After a restaurant slip and fall, you may need the services of an experienced NYC legal team. Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping New Yorkers after they’ve suffered injuries. Our contingency fee arrangement means we don’t get paid until you are, whether we settle your case or take it to court.
Owning a car or other vehicle in the New York City area always requires one thing if you’re planning to drive it: insurance. Like most states, car insurance is mandatory in the event you have an accident. If you’re leasing or financing your vehicle, you’ll be required to carry comprehension and collision insurance to cover the lienholder’s losses if you’re involved in an accident, as well as repair costs.
New York takes care insurance very seriously. Without it, the state can suspend your driver’s license as well as your vehicle registration. There may be additional fines as well. Despite the requirement, many people in Greenwich Village and NYC flout the law and drive without it. It’s fine—until there’s an accident. Then it becomes complicated.
Check Your Own Policy First
It may be a while since you reviewed your car insurance policy. If you’ve been involved in an accident, chances are that’s when you’ll be taking a closer look.
Many policies do have uninsured and underinsured coverage as an extension, but it’s important to check. New York requires policies to include this kind of coverage in order to receive plates and registration. If you don’t have uninsured/underinsured motorist insurance, it’s time to talk to your agent.
Note that this coverage applies only to bodily injury due to an accident in New York State. Damage to your vehicle and other property is not covered.
New York Is A No-Fault State
New York’s No-Fault laws mean that you’ll file a claim with your own insurance company for related injuries no matter who is at fault. The conditions are that:
- You’ve registered your vehicle in the State of New York
- The vehicle involved in the accident was covered by the policy
- The accident occurred in New York
These policies apply only to injuries related to this accident. You may be required to file a claim against the other party to recover expenses for more serious injuries and vehicle damage, including a total loss.
The conundrum is that an uninsured driver probably doesn’t have the resources to pay for an insurance policy, much less cover your claim for injuries and damage. That leaves you leaning on your own insurer for help.
A Note About Insurance Companies And Claims
Many times, you’ve followed the rules and paid your premiums, but you find that your insurance company is balking when it comes to paying your claim. Worse, they may offer you a paltry sum that won’t pay for everything but will settle your claim. It’s entirely possible that the insurer will deny your claim outright, even though you were not at fault and the other driver was uninsured.
If you find yourself in a situation like this, it’s time to get help from a Greenwich Village personal injury attorney.
Other Party an Uninsured Motorist? Let Hoffmaier & Hoffmaier Help
Having an accident in Greenwich Village, or anywhere in New York City, is difficult enough. Finding out the other driver is a uninsured motorist can be even more problematic.
We offer free consultations for any kind of accident. You can talk to someone today at Hoffmaier & Hoffmaier by calling (212) 777-9400, or use our website contact form. As a family-owned NYC personal injury law firm, we have over 26 years of experience helping injured people after a devastating accident. We offer a contingency fee arrangement that means we won’t get paid until you do, whether we settle your case out of court or litigate it in court.
As we’ve mentioned in many of our blogs, different accidents can leave you with many different kinds of injuries. One of those is the injury to the spine, which can lead to temporary or permanent paralysis.
The spinal cord is the conduit between the brain and the rest of the body that sends signals. When any part of it is damaged, the moving signals do not make it through the muscles telling them to move. This damage affects the spinal cord’s nerve fibers and make signal transmission difficult or impossible.
The National Spinal Cord Injury Statistical Center (NSCISC) reports that vehicular crashes are the top cause of spinal cord injuries, with falls in second place (especially after age 65.) Nearly six million people in the US live with paralysis, according to a study by the Christopher & Dana Reeve Foundation. Strokes were the top cause for paralysis, according to the research, with spinal cord injuries in third place.
Types Of Spinal Cord Injuries
Doctors classify these injuries as “complete” and “incomplete.”
A complete injury means that there is a complete lack of sensory and motor function below the injury level. An incomplete injury indicates that the spine still has some ability to communicate with the rest of the body, and that there may be a small amount of sensation.
Paralysis can be just the lower part of the body, or both upper and lower, depending on where the spine was injured.
Cervical area injuries can affect functions in the entire body, including the arms and legs. Injuries to the cervical area can result in quadriplegia, respiratory issues, and loss of sensation including the pelvic organs, and the inability to regulate body temperature. The neck’s flexibility requires a neck brace to prevent further damage.
Thoracic area injures are less common due to the rib cage’s protection. Patients with this kind of injury may have weakness and/or paralysis in their legs, as well as loss of sensation in the pelvic organs.
Lumbar and sacral area injuries can result in weakness or paraplegia in the lower extremities, affect the organs in the pelvic area, and may require surgery and exterior stabilization.
Disabilities From Paralysis
For many people, their accident injuries will heal eventually and they can get on with their lives. But people who experience spinal cord injuries may be permanently injured.
Spinal cord injury is costly, and many individuals living with this injury have no insurance, or their insurance coverage is inadequate.
An accident that results in an individual with a paralysis injury means that he or she will likely be in a wheelchair, or at least walk with assistance. They incur a greater degree of physical difficulty getting around in a city where most people walk and take the subway. The damage may be permanent depending on the severity of the injury.
Paralysis may also prevent an individual from working again, especially a job that requires them to be physical. Construction, retail, restaurant and theater work, police and fire, and other “on your feet” professions, as well as bicycle courier work are no longer available to them, and can limit their ability to earn an income. If the individual is able to use a computer or other equipment, they may be able to re-train to work in a “seated” job. However, this takes time and money to accomplish.
Paralysis Accident Lawyers In Greenwich Village
If you are someone you love has been paralyzed in an accident, don’t let the other party’s insurance company bully you into taking their first settlement. Paralysis is a life-changing event, and you need compensation to take care of yourself for the rest of your life.
Our personal injury attorneys are experienced and have a long history of successfully defending our clients in court, and will help you get what you deserve. Call Hoffmaier & Hoffmaier today at (212) 777-9400 or contact us online for an appointment. We’ll meet with you and let us know what options you have. We don’t get paid unless we win, so your consultation is risk-free.
Construction cranes are as much a part of life in New York City as subways, theaters and bodegas. The never-ending construction and repair means that somewhere in NYC, there’s a crane being used.
Just this past July, two crane accidents involving cranes run by one company that resulted in a fatality and other injuries caused the city to close down 22 construction sites. The Department of Buildings issued five violations, and the company may be facing fines of as much as $110K. Construction deaths have increased this year, even after the City mandated 40 hours of safety training in 2017.
But New York is no stranger to crane accidents. As much as companies work towards safety, dangerous crane accidents still happen.
October 7, 2007
Eight people were injured as a five-foot bucket from a construction crane bounced off a mid-town high rise office building as it was being used to bring something to the roof, smashing windows. Shards of glass rained down on the lunchtime crowd.
December 15, 2007
A seven-ton load of metal studs fell after the nylon sling hauling it broke. The load fell and seriously injured an architect in a nearby construction trailer. The accident happened at a new planned location for Goldman Sachs, a 43-story building near Battery Park.
March 15, 2008
A support strap snapped while riggers lifting a six-ton steel collar, collapsing the crane and destroying a brownstone. Six workers and a tourist were killed, 24 people were injured, and 18 homes in the area were evacuated.
Two people are killed after a 200-foot-tall rig snapped apart. The crane’s owner, James Lomma, and his two companies, were tried and acquitted on manslaughter and other charges. Prosecutors charged Lomma after he and his mechanic hired a cut-rate Chinese welding company online to repair the turntable, which helps upper parts of the rig swivel. Lomma also failed to follow city inspectors’ requirements for the repair, which was needed after the crane was struck by lightning. The welding was too weak and defective to handle the crane’s work, the prosecutors said.
The crane was beginning work on the 14th floor of an intended 32-story apartment building when the top portions of the rig dropped off, collided into a building across the street and plunged to the ground. Lomma was indicted but acquitted for failing to do proper repairs.
October 29, 2012
During preparations for Hurricane Sandy, an 850-foot high crane snapped in mid-air, sending large pieces flying to the ground below. High winds of 80-100 mph caused the crane to wave back and forth, which eventually caused it to snap. Bystanders heard the metal crunching as it broke, and the top of the crane hung dangerously downward. The crane had just been inspected the Friday before. Miraculously, no one was injured.
November 26, 2012
Just a month after Sandy, a crane lifting heavy AC units in Hell’s Kitchen collapsed onto the flatbed truck that it was loading. Although this was the second crane accident in a month’s time, no one was injured in this incident, either.
January 29, 2013
A crane in Long Island City leased from James Lomma’s company collapsed. Three workers were pinned and four others injured in the incident. Later in the month, the crane’s operator and a subcontractor were each fined $64,000 and issued five citations, and the operator’s license was suspended.
May 31, 2015
A crane in midtown hoisting HVAC units lost a unit when the cable holding it snapped. The unit fell 30 stories to the ground, injuring eight pedestrians and two construction workers.
February 5, 2016
A 600-foot “crawler crane” crashed to the ground in lower Manhattan, killing one person sitting in a parked car and injuring three others. The crane’s fall and crash was due to high winds, and captured on video. Police were moving people away from the area so that crews could secure it when the accident happened.
New York City Crane Accident Lawyers
If you or a loved one has been injured by a crane at or near a construction site, our Greenwich Village injury lawyers are here to help. We have considerable experience with construction site and crane accidents, as well as other types of personal injury cases.
You’ve probably seen them when you’re doing your shopping or in a public area. The ubiquitous “orange cones” that tell you to be careful of a nearby hazard. Placed on floors for a number of reasons, the sign is there to warn you of a danger that could cause you to slip and fall or otherwise get hurt.
The floor could have been freshly mopped after a spill, and an employee placed the sign to warn shoppers about the wet floor. But if the floor is dry, you may be wondering why it was still there.
Does it mean the store isn’t responsible for injuries if there is a sign on the floor?
Duty And Standard Of Care
Owners, managers and employees of shops are required to keep their business safe for visitors, employees, and others who may have a reason to be there. Should a hazard arise, such as a spill, they are required to either remedy the situation or put up signage that warns of the hazard, such as the orange cones. If the owner, manager, or employees neglected to either warn invited visitors of a dangerous condition, remedy or repair it, they can be held liable for your injuries.
The store is liable for a slip and fall if they were negligent, and if your injuries were caused as a direct result of the negligence, such as not clearing a floor of liquid or debris or putting up the signs in a timely manner.
As an injured plaintiff, your job will be to prove that the other party was negligent, and that they knew or should have known about the hazard so that they could put up a warning sign. The longer the hazard existed without the benefit of a warning, the more likely you’ll be able to prove the store’s negligence.
Responsibility In A Slip and Fall Accident
A warning sign is intended to let everyone who enters know that there is a hazard nearby, and to be careful. While most stores put up a sign whenever there is a problem or hazard, some hazards may be so obvious that a sign may not be necessary. It’s up to the store’s employees or managers to determine the need. However, just putting up floor signs isn’t enough to completely absolve a store owner of negligence and/or liability.
The responsibility for the sign lies with the individuals in control of the property or business once they discover the hazard. Depending on the nature of the hazard, the next step is to correct it. For instance, the slick floor can be quickly remedied by an employee or two with a mop after the store erects a sign.
But for a hazard that requires more to correct, such as a leaking air conditioner, refrigeration, or freezer unit, the sign will also need to be accompanied by regular mopping and a call to a repair company. If the store simply put up the sign and never bothered to get the unit repaired, the sign becomes superfluous, and doesn’t actually serve a purpose.
Warning signs are effective only if they notify visitors that there is a danger they need to be aware of. If a sign is too small, isn’t readable, or isn’t in an obvious place that notifies visitors of the danger, it wouldn’t be sufficient to make them aware. If someone is injured as a result of inadequate signage, the owner may still be liable for any slip-and-fall injuries that result from the hazard, because the visitor was not sufficiently notified of the hazard in the area.
Hoffmaier & Hoffmaier—A New York Slip And Fall Accident Law Firm
Slip and fall accidents can happen anywhere in New York City, any time, especially in the winter months with ice, snow, and freezing rain.
After a slip and fall, you may need legal help while recovering from your injuries. Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping New Yorkers recover from injuries. Our contingency fee arrangement means we don’t get paid until you are, whether we settle your case or take it to court.