New York Noncompete, Trade Secret & School Negligence Blog

Bronx Court Dismisses Injury Claim Involving Trapdoor Stairway

In a case of first impression, a Bronx court ruled that trapdoor stairs leading from the sidewalk into a building are not 'interior stairs' under NY's bldg code

One Reason Why Proving School Negligence in New York is So Tough

Proving a school was negligent, and therefore liable for a student's injuries due to a dangerous or defective conditions is challenging, explains Jonathan Cooper

NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

Bronx Student's Slip & Fall Case Survives, Despite Poor Investigation

A recent decision by NY's Appellate Division, First Department reminds us why it's important to investigate your cases before you file your claims

Split Appeals Panel Dismisses Bronx School Negligence Case

Not every accident at school means there's a viable negligence action against the school, explains New York school negligence attorney Jonathan Cooper.

Why We're Taking a School Assault Case to NY State's Highest Court

It is the rare case that warrants going up to NY State's high court. So why does this school assault case fit the bill? NY school negligence attorney explains.

To Defeat a NY Slip & Fall Claim, Denying Defect Isn't Enough

Long Island, NY slip & fall attorney Jonathan Cooper discusses why denying a defect in a slip & fall case isn't enough to secure summary judgment, and dismissal

School Has No Duty to Notify Parents of Danger to Child, Says NY Court

Long Island, NY school negligence lawyer Jonathan Cooper on a NY court holding that a school has no duty to notify parents of an imminent danger to children.

Why Aren't New York Coach Buses Required to Have Seat Belts?

Long Island & Queens, NY auto accident attorney Jonathan Cooper discusses why coach buses aren't required to have seat belts. For more info, call 516.791.5700.

We Owe No Duty to Tell You About Threats to Your Kids, Says NYC Dept of Ed

Author of the Free Consumer Guide, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," (www.TheNewYorkAccidentBook.com), Long Island and Queens, New York school negligence and negligent supervision lawyer Jonathan Cooper discusses the position that New York City's Department of Education took in a case that is currently on appeal. For additional information on this topic, please contact Jonathan Cooper directly at 516-791-5700.

In a tragic incident that occurred on Friday, May 1, a blind 67 year-old man from Riverdale, in the Bronx section of New York, fell to his death when, after the door to his 10-floor building's elevator opened, he stepped into an empty elevator shaft.  By that same afternoon, New York City's Department of Buildings concluded that the elevator accident occurred because the safety device on the elevator door had malfunctioned, allowing the door to open even though the elevator had not yet arrived.

In interviews with reporters, some of the building's tenants claimed that there had been ongoing elevator maintenance and repair work at the building for several weeks prior to this incident.Some building residents said the elevators had been worked on for weeks.

Not surprisingly, this was not the first problem with this particular elevator; however, it does not appear that this elevator ever experienced the same problem that was responsible for this accident beforehand. In an interview with the New York Times, elevator consultant Scott Hayes opined that the mechanical devices that are designed to assure that the elevator's outer door remains shut until the elevator has arrived can occasionally become defective due to wear and tear or inadequate,  improper or negligent maintenance. For this reason, he recommended the obvious: that elevator passengers peer through the elevator door's window to assure that the elevator has arrived before opening the door and stepping into the shaft. He conceded, however, that this advice wouldn't prove effective in this case, where the person was legally blind.

For more information on building owners' and elevator repair company's liability for elevator accidents, see "Elevator Accidents and Injuries Under New York Law."