For the third time in less than a year, a glass panel has fallen from the One57 Luxury Condominium building, hitting two parked cars. This piece was reportedly the size of a kitchen table. It fell from the 22nd floor of the 90 story luxury building. It resulted in a partial stop work which was ordered by the City and remained in place until the developer could demonstrate that removal of the temporary plexiglass installations would not cause further danger.
No reports of injuries or deaths have resulted from any of the falling plexiglass incidents. After three occurrences in a year though, it is only a matter of time. That’s why the stop work order was put in place.
The Developers/Owners of One57 & Premise Liability Laws
What is Premises Liability?
When you’re a business owner, and you own or occupy space, you need to take reasonable measures to protect people on the premises from being injured. That applies even if you’re a renter. You don’t have to guarantee their safety, but if you knew or should have known of a condition on the property you own or occupy that’s likely to cause an injury, you must take reasonable measures to remedy that condition or protect those on the premises from it. A failure to take reasonable measures to remedy the condition or protect those on the premises from it could be negligence. That’s the sum and substance of the law of premises liability, and that’s one of the things that a premise liability lawyer looks for when evaluating a case.
Types of Premises Liability
The majority of premises liability cases come in the form of slip and falls or trip and falls. Slips can result from water or oily substances on floors or accumulations of snow and ice or loose rugs and mats. Trips can be caused by uneven walking surfaces, electrical cords or door thresholds. Other types of premises liability cases include but aren’t limited to dog attacks, inadequate security, swimming pool accidents and of course, debris falling from buildings onto the ground like the One57 example.
Types of Entrants
Some states require you to observe a duty of ordinary care for anybody who comes onto your property. Other states have different standards of care depending on whether the injured person was an invitee, licensee or a trespasser. Invitees are generally on a premise as a customer for a commercial purpose. You have a broad and high duty to inspect and maintain property if invitees are coming onto the premises. You also have a duty to warn them of any dangerous conditions. A licensee is a guest on your property with your permission. The duty of care is lower than that with invitees. With licensees, ordinary care is sufficient. Trespassers have no permission to be on your property. You have no duty of care to a mere trespasser unless you intentionally try to hurt them or act willfully and wantonly. Most states fall under the ordinary care standard for anybody that comes onto your property.
Had somebody been injured any of the three times that plexiglass fell out of One57, the developer, general contractor and glass installer would all probably have been sued. The victim’s status wouldn’t matter either if they were on a sidewalk or street.
Premise Liability Lawyer with Industry Know-How
If you or someone you know has been injured due to the negligence of a land owner/developer or contractor call premise liability lawyer, Jeffrey K. Kestenbaum at (718) 237-5586. An experienced and well-connected premise liability lawyer will fight for your rights and make sure that you are adequately compensated for damages. Contact us today.