Serious injury to a loved one is never easy to deal with. The worry and stress are sometimes unbearable. Accidents do happen, and there are times when the incident occurs through the fault of no one. There are other times, however, when the accident occurs due to the negligence of a certain individual or company. When this situation arises, premises liability laws allow for the injured party to receive compensation.
A young child and his nanny in New York are dealing with this exact scenario. They were both seriously injured recently. The accident occurred on the corner of Fifth Avenue and President Street.
What seemed like a normal day turned to tragedy as the woman and the young child were walking on the sidewalk. According to one witness, from out of nowhere, they were struck by a roll-down storefront security gate that detached from the wall. The witness says it happened so fast the victims had no time to react.
The same witness reported that the nanny was hit on the head by the gate, which split her head wide open. The child apparently suffered injuries to his leg. At the time this post is being written, both remained hospitalized – the woman in serious condition.
According to the Department of Buildings, the gate fell due to poor maintenance and a violation was issued against the building’s manager. However, the liability for this accident may extend more broadly. Some would argue that the building’s owner is culpable. Others have argued that it was the tenant store owner’s responsibility to maintain the gate.
In a situation such as this, the injured parties may have reason to look into a civil suit, and with the number of potential parties who could be held responsible being so great, it would be wise to explore the matter with the help of an attorney.
Source: NY1, “Woman, child injured by falling gate in park slope,” Michael Herzenberg, June 8, 2012