Legal Blog of Attorney Lawrence B. Saftler

Ice is Slippery and So is Snow, Watch Your Step!

By lsaftler on February 12, 2010

In New York City, property owners are liable for all defects on the sidewalks, except for sidewalks abutting one, two and three family residences. This covers snow and ice. Liability shifts responsibility to property owners for removal of much of the snow and ice we find ourselves surrounded by today. Under some circumstances, though, the City of New York is still responsible for maintaining our public walk ways and for snow removal. After a snowfall as significant as the one we had on February 10, 2010, we need to know who we can go after after an unfortunate slip and fall occurs.

Hopefully, you will remain safe in getting around. However, if you fall and get injured, that’s where we come in. It is always wise to exercise caution when walking in these conditions. Slow down and take smaller steps, focus your attention on walking, wear rubber soles that have good traction. But you as a pedestrian are not the only one who can help to limit the number of winter weather-related slip and falls. New York City Administrative Code Section 16-123 charges that “every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall… remove the snow or ice.” This, however, does not apply during the hours of 9 p.m. and 7 a.m; and the four hour window for removal does not begin until 7 a.m. on any given day. Also, in determining liability, the court will look at how much time passes between the time snowfall ceases and the time an accident occurs. There is a generally recognized period of time, 48 hours, which must lapse between the two, in order for liability to be found. These rules have been set by the courts in prior cases. There are always exceptions and every case is different.

Most importantly, as a pedestrian, you must be careful. Avoid ice and snow-covered sidewalks where you can. But if you do slip and fall, contact The Saftler Law Firm and learn exactly what you’re entitled to. After discussing the facts of the incident and the nature of your injury with you, we will be able to determine whether you may be entitled to financial compensation.

Enjoy the weather, New York. You can complain about it all you like, but if you live on the planet Earth, weather is a factor you have to get used to!

Posted in Accidents, Defects, Personal Injury, Sidewalk & Street |

Dangers from Below – How an Open Sidewalk Vault Can Lead to Injury

By lsaftler on January 26, 2010

Walking the streets of New York City can be dangerous.  There’s traffic, pedestrians, and the ever-present, over-eager bike messengers.  Keeping your head on a swivel is something every New Yorker learns early on.  It’s hard enough keeping your eyes looking forward and to the sides for danger, but we must always look down as well for the dangers from below.  City sidewalks are littered with sidewalk vaults.  These doors present dangers to everyone on a daily basis.

The New York City Administrative Code provides for regulation of vaults under any street, sidewalks included.  Pedestrians are entitled to assume that sidewalks are kept in proper condition, and a property owner must adequately maintain and inspect sidewalk vaults and the plates surrounding them.  On this point, the structural integrity of these obstructions is of great importance.

Whether a property owner actually uses the vault set beneath the sidewalk adjacent to his property is irrelevant to his liability for injury caused by it.  Special use of the sidewalk abutting a dwelling will make the owner responsible and strictly liable for the plate over the sidewalk vault in front of the entrance of a multiple unit dwelling.

If you fell through a sidewalk vault and were injured, contact The Saftler Law Firm for help.  We can protect your rights.  After discussing the facts of the incident and the nature of your injury with you, we will be able to determine whether you are entitled to compensation for any injuries you may have suffered.  But don’t forget, keeping your eyes focused on the dangers below can help prevent such necessity.

Posted in Accidents, Defects, Fall Downs, Personal Injury, Sidewalk & Street |

No Stroll in the Park – Does Graco’s Stroller Recall Affect You?

By lsaftler on January 21, 2010

The Consumer Product Safety Commission has recalled all Graco Passage, Alano, and Spree strollers manufactured between October 2004 and February 2008. The stroller have caused seven severe injuries to toddler’s fingers. Consumers are advised to stop using these models and contact Graco  to receive a free repair kit.

Graco is currently reaching out to consumers with information about the recall and repair kits via twitter and their blog. The repair kits will be available in one to two weeks. An instructional video, below, has been made available by Graco to assist those affected by the recall in properly attaching their new kit.

If a dangerous or defective product injures an unwary consumer, the manufacture is considered legally liable for product liability, as long as the consumer using the product as it was meant to be used at the time of injury. If you or your child has been injured by a recalled Graco stroller, a product liability settlement might be in your future. Contact The Saftler Law Firm today to schedule a consultation.

Posted in Accidents, Defects, Personal Injury, Product Liability, Product Recalls |

Don’t Be Blind to Child Safety – National Window Blind Recall to Save Children

By lsaftler on January 7, 2010

The Consumer Product Safety Commission urges parents to contact the Window Covering Safety Council for information on a recall of more than 50 million Roman-style shades and roll-up blinds.  The recall is intended to prevent the risk of strangulation of young children.  To date, hundreds of American babies and toddlers have strangled to death on mini-blind cords.

If your child or a child you know has suffered a strangulation injury or a wrongful death due to a cord on Roman blinds, roll-up blinds, mini-blinds, or any other corded window covering, you should report the accident to the Consumer Product Safety Commission immediately.  Like all manufactures, window treatment manufacturers have a legal responsibility to offer only products that are safe for use by the public for their intended purpose.  When someone, in this case a child, is killed or seriously injured due to a manufacturer’s error, victims have the right to sue.

For more information, Parents for Window Blind Safety has produced a public service announcement about the dangers of window blinds:

Posted in Accidents, Defects, Personal Injury, Product Liability, Product Recalls |

Rhino Rollover Injuries – The Nature of the Beast

By lsaftler on January 7, 2010

ATV four wheelers are dangerous under risky conditions.  Yamaha produced their Rhino ATV with an unreasonable design.  The Rhino boasts a powerful engine, quick acceleration, a small turning radius, a high center of gravity, and small wheels on a narrow frame.  These features combined make the Yamaha Rhino very unstable, causing it to roll over easily at slow speeds and on flat surfaces.  The Rhino’s dangerous construction and improper safety features have lead to the death of many users and catastrophic injuries to even more.  In March 2009, the Consumer Product Safety Commission announced a repair program to address these rollover safety defects.  Consumers should stop using their Yamaha Rhino ATVs until the free repairs are made by a dealer.

Many plaintiffs have already brought suit against Yamaha.  If you or someone you know has suffered injury, or even death, because of a Rhino rollover, contact The Saftler Law Firm.  We provide our clients with the dedication you need to win fair and just compensation.  Let us help you today.

Posted in Accidents, Automobile, Automotive, Defects, Personal Injury, Product Liability, SUV Rollovers |

Don’t Let Faulty New York City Escalators Take You For a Ride

By lsaftler on December 22, 2009

On December 20, 2009, an escalator fire forced the Macy’s Flagship
Store in Herald Square to evacuate. A fire, though, is just one of
many potential hazards attributed to escalators due to faulty
manufacturing, lack of maintenance, or unsafe conditions. Macy’s
Herald Square location, alone, has been cited by the New York City
Department of Buildings for razor sharp steps, tripping hazards, and
failing to report escalator accidents in the past. Violations of
escalator safety requirements, regulated by the 1968 Building Code,
are more common in the New York City area than one might think.

At The Saftler Law Firm, we are committed to helping victims of
negligence obtain compensation for losses and expenses related to
injuries sustained due to escalator accidents (Escalator Accident
Victims). Mr. Saftler is one of the most experienced escalator and elevator
accident lawyers in the New York City area. After WPIX investigated
the recent incident at Macy’s, they contacted Mr. Saftler for his
expert opinion.

If you or a loved one has been injured in an escalator accident, you
need to contact a lawyer immediately. To schedule a free review of
your case, contact The Saftler Law Firm, serving Manhattan and New
York City. The Saftler Law Firm is committed to fighting for justice on your
behalf.

Posted in Accidents, Defects, Elevator & Escalator, Fire & Explosions, In the News, Personal Injury |

Suing the City of New York – Time is NOT on Your Side

By lsaftler on December 15, 2009

It is important to know that prior to suing the City of New York, and other municipalities, for injuries you have suffered through the municipality’s neglect, that a notice of claim must be filed within 90 days from the happening of the accident to protect your right to sue. Therefore, the sooner you find and hire an attorney to protect your rights, the better off you will be to deal with your loss. At the Saftler Law Firm, we stand ready to assist you in filing any claim you may have against the City Of New York.

Posted in Personal Injury |

Choosing the Right Attorney

By lsaftler on August 19, 2009

When seeking legal help of any nature and particularly in litigation matters,  but no more or less in personal injury matters, you should understand that before approaching an attorney,  the attorney you will choose, will bear the burden of presenting your case the right way and in the best light while being your spokeman before a court and a jury, as well as the other side, in order to obtain the best result for you. Your attorney should be someone you like, respect and trust and someone you interact with well, since his opinion will help influence the development of your case and someone who’s advice, while not required, you would want to listen to when it comes to  his recommendations when the appropriate time comes, whether during settlement negotiations or during trial. This is important to know and understand early on, since you must draw on your attorney’s experience and knowledge of the field and his expertise in the subject matter, which should also form the basis for your decision to hire him in the first place. Experience and knowledge of the law and how to handle your case are most important factors in your consideration of any attorney. Ask any attorney you choose to meet whether they have handled a case like yours, what results they have gotten in the past and whether they are capable of bringing a case like yours all the way through trial. Experience in the field develops over time, just like reputation, and when all that one does is specialize within a single field, i.e., personal injury matters, it allows the attorney to focus on such matters exclusively, know the limits of how far to proceed, how much to obtain, knowing the parameters of everything involved to judge the value of a case based upon the totality of a case, not just a singular aspect. To learn about your attorney, it is important to communicate and know who you have hired so that in the end, you know you can trust his advice. With the Saftler Law Firm, you will always have access to open communication and answers to any questions you have. With more than 30 years of experience and results to prove it behind us,  we look forward to helping you in this time of important need.

Posted in Personal Injury, Uncategorized |

Sidewalk Law Produces Results – For Everyone!

By lsaftler on July 16, 2008

Sometimes, not always, claims and lawsuits bring beneficial results to the public at large, as opposed to the financial rewards an injured victim receives from the claim or lawsuit my office successfully handles for them. In a past blog, I have written about the new law promulgated by the City of New York and how adjoining landowners are now responsible for maintaining their surrounding sidewalks, as opposed to the City of New York, or face financial liability to an injured sidewalk defect victim. See the Administrative Code of the City on New York,Title 7, Chapter 2, Section 7-210.

Of recent vintage, I personally know of at least 3 different cases which I have pursued on behalf of injury victims, where not only were we successful in prosecuting the claims of the injured victims, but were able to eyewitness corrective repairs to the very site of the accident by the adjoining landowners to the benefit of the public as a whole, who will never have to worry about falling from the very same defect that caused my clients’ injuries. In all three cases, the sidewalk were repaired with level grade fresh concrete, where in one instance specifically, literally thousands of pedestrians walk the same location daily. One such location is in front of the Lincoln building in New York City, directly across the street from Grand Central Station, where a new sidewalk was recently installed and whatever defects there were before now no longer exists.

This is a great side benefit from the new sidewalk law created by the City. Mayor Bloomberg deserves credit for the manner in which he has governed, creating laws which not only serve to lower the payments and financial burden made from City coffers and the taxpayers of New York City to pay injured sidewalk victims for sidwalk accidents, but also creating responsibility to those who have and should have a greater stake in the safety of the streets in front of their premises, that of the adjoining landowner.  

Posted in Accidents, Defects, Fall Downs, Personal Injury, Sidewalk & Street |

Lawrence Saftler quoted in the Queens Courier on Sidewalk Falls

By lsaftler on July 16, 2008

On July 10th, 2008, Lawrence Saftler was quoted in the Queens Courier relating to the new statute providing for liability to adjoining property owners, as opposed to the City of New York,  for injured victims from sidewalk defects and falls. The article was written by Stephen Bronner.

Posted in Accidents, Defects, Fall Downs, In the News, Personal Injury, Sidewalk & Street | 3 Comments