Icicle and Falling Ice Injuries in New York City – Freak Accident, or Negligent Property Owner? Learn about How New York City Laws Protect New Yorkers from Dangerous Falling Ice from Buildings
One of the things that has fascinated many New Yorkers since they were children is the phenomenon of the winter icicle. Hanging off buildings like sharpened daggers, icicles can be a beautiful spectacle laid in rows between icy over hangings, frozen awnings, and gutters with icy droplets frozen in time. However, as beautiful as icicles may make a building seem, and as majestic a landscape as a New York City street looks decked-out in icicles, they can also be very dangerous to those who walk under them, and falling ice and icicles can cause serious, disabling injuries, and even, in some extreme cases, death. But what exactly can New York City residents and pedestrians do if they are injured by a falling icicle or falling ice in New York City, and is there any recourse against building owners and business owners who fail to keep their properties free of hazardous, sharp icicles during the New York City winter? To help New Yorkers better understand their rights under New York laws if they are injured by falling ice or icicles from a business property, we answer those questions here.
Falling Ice and Icicles from Business Properties: Not Just an “Act of Nature”
According to the New York City Administrative Code, “[a]ll buildings and all parts thereof and all other structures shall be maintained in a safe condition.” This means that the responsibility to keep New York City buildings free from dangerous icicles and falling ice lies squarely on the business owner or business property owner. Indeed, the Administrative Code further mandates that when it comes to the maintenance of buildings in New York City, “[t]he owner shall be responsible at all times to maintain the building and its facilities and all other structures regulated by [the New York City Administrative Code] in a safe and code-compliant manner and shall comply with the inspection and maintenance requirements of [the New York City Administrative Code].” Accordingly, when a person is seriously injured by a falling icicle or ice from a New York City building, they may have claims for compensation against the negligent business owner or business property owner for money compensation.
Noel had just come off the NYC Transit train and was exiting the subway station. As he exited the station, he was walking along the sidewalk when all of sudden, and without any notice, a huge piece of ice slide off the side of the building and came crashing down on him. The force of the impact of the ice was so powerful it knocked him to the ground and he couldn’t get up. Noel was transported to the hospital by ambulance, treated and released. Soon thereafter he was diagnosed with tears to his shoulders and multiple herniated discs in his upper back. He underwent shoulder surgery and had a procedure to his upper back. During the course of the litigation, the owner of the building repeatedly denied that they had any prior notice regarding falling ice from their building. As it turned out, the building owner not only knew about the falling ice but entered into an agreement with the New York City Transit Authority to fix it and protect subway passengers exiting from their subway station from it. As a result of the owner’s negligence, the case settled just before jury selection for $10 million. If you or a family member are struck by ice falling off a building, call Michael Gunzburg, P.C., today.
Bringing a Premises Liability Claim in New York City
With icy weather conditions on the horizon, it is important for New York City residents and pedestrians to know that if they are seriously injured due to a falling icicle or ice from a New York City building, they may be entitled to money compensation. Those who are injured due to falling ice or icicles in New York City may file a lawsuit in court against the negligent business property owner or business owner at fault under New York premises liability laws. There is a limited time to file a claim for compensation in New York City under New York premises liability laws, so it is best to speak with an experienced New York City premises liability lawyer as soon as possible about your case.
Legal Help with Your New York City Premises Liability Case – New York City Premises Liability Lawyer
If you were injured by falling ice or icicles due to the negligent maintenance of a building in New York City, do not hesitate to contact the experienced New York City premises liability lawyers at the law firm of Michael Gunzburg, P.C. Contact Michael Gunzburg, P.C. today and speak to an experienced lawyer about your options for justice now.
Source:
nyc.gov/assets/buildings/codes-pdf/cons_codes_2014/2014CC_AC_Chapter3_Maintenance_of_Buildings.pdf
