Legal Blog of Attorney Lawrence B. Saftler

330 East 39th Street

 In March, 2009, 24-year-old Connor Donohue fell from a balcony to his death at 330 East 39^th Street in the Murray Hill section of Mnahattan.  The Department of Buildings has since ordered an engineering report, saying that he may have fallen due to damaged fencing around the unit’s balcony.  Following the accident, the fencing and post of the railing appeared loose and may have been damaged prior to the incident.  Pan Am Equities, the building’s management company, had not filed inspection reports with the Department of Buildings in ten years.  They are required to do so every five years and were thus fined $11,000. Department of Buildings inspectors have found about 800 building owners, in addition to Pan Am Equities, that have failed to file reports on the safety of their balconies. 

But how do you stay safe on your own balcony?  A proper inspection involves pulling out bricks and even some drilling.  As an individual tenant, you can’t exactly order scaffolding put outside your apartment, and an engineering report from your management company.  You can ask if the proper inspections have been conducted, though.  And be vigilent, as well.  Don’t lean on a balcony railing you’re unsure of.  Of course, if a tragedy of this nature occurs, the family should obtain the appropriate legal advice to go after those responsible.