June 23rd, 2012 - by DKRPA
When you are walking around the busy streets of Miami, Florida, one of the last things on your mind is a large, heavy object suddenly and unexpectedly crashing down upon you.
That’s because there are numerous safety and premises regulations that force those in charge of property to maintain a safe premises — that, and it’s just not something you see every day.
So when such an unfortunate and rare incident like that does happen, it’s pretty clear that the property was poorly maintained; and as such, the victims or their families could file a premises liability claim with a fair amount of confidence.
Just such an incident happened in New York, where a nanny and the child she was looking after were crushed by a falling security gate while walking down the street. The woman was hospitalized with serious head injuries and her condition is considered critical; the child, meanwhile, had to be hospitalized with a leg injury.
Witnesses of the bizarre incident say that the gate fell “unnaturally” and that the security gate came “flying off,” almost as if it was not secured to the building properly.
Other nearby residents claimed that there was a fire in the building with the unsafe security gate, and that water damage may have caused the structure to become flimsy.
In either case, two people are seriously hurt because neither the landlord nor the store owner properly handled a dangerous and unsafe door on their premises. While the two parties bicker over whose responsibility it was to fix the door, the fact is either could be held liable in a premises liability claim.
Source: NY1, “Woman, Child Injured By Falling Gate In Park Slope,” Michael Herzenberg, June 8, 2012