Keeping the property safe is one of the responsibilities of property owners in New York City as well as across the country. The owner's responsibility is to maintain common areas that are frequently used by different people. Owners of establishments and buildings such as apartment buidings are required by law to maintain their properties so they are free from any dangerous conditions, such as broken doors, faulty stairs and other hazards that may cause injuries. Failure to ensure that their properties are safe could lead to an accident, serious injury or death.
The following case may remind New York property owners about their duty to maintain and repair hazardous conditions on their properties. According to the report, a father filed a lawsuit in connection with the death of his 41-year-old daughter in an elevator accident.
The elevator accident happened inside an office building in December 2011. The victim, who was an advertising executive, died when the elevator unexpectedly moved to the next floor as she attempted to board. Two elevator passengers witnessed the woman's tragic death.
The lawsuit was issued against Transel Elevator and Electric along with the technicians the company had sent to perform the repairs. They are being sued for negligence for allegedly failing to place caution tape within the elevators and failing to post repair signs. The suit also alleged that the Transel's repair crew did repairs on the elevator without a certificate of compliance.
Accordingly, the Department of Buildings investigated the accident. In February 2012, they discovered one of the mechanics failed to enable a safety switch that prevents the elevator from moving whenever its doors are open.
Every accident that occurs on another person's property or buildings is unique. However, if it leads to injuries, negligence may be a key factor. If that is the case, the property owner may be legally responsible for the damages and losses to the injured party. The victims may be compensated for medical bills, lost wages and emotional distress. If a fatality occurs, the immediate family of the victim may file a wrongful death claim.
Source: Gantdaily.com, "Father of New York executive who died in an elevator accident sues repair company," Raquel Erhard, Jan. 30, 2013