Bronx Personal Injury & Real Estate Blog

Thursday, December 29, 2016

Apparent Radiator Blast in New York City Kills 2 Baby Sisters

Q: Who is responsible for injuries occurring in a New York City apartment building?

Every day, people are seriously injured or killed as a result of the reckless, negligent, or intentional actions or inactions of another person or entity. Because each case is different and different rules may apply, it's important to contact a skilled personal injury lawyer if you or a loved one has been hurt through no fault of your own.

Some of the factors that come into play when establishing a personal injury lawsuit include causation, which means proving that the actions or inactions of the individual or company actually caused the injury and then establishing that the injury resulted from the negligence or malicious intent to do harm. In addition, when a dangerous or defective product or piece of equipment is involved, an investigation into the way the product was manufactured, distributed, maintained, used or misused, and other aspects of its safety may be part of a personal injury suit based on products liability.

Sometimes, more than one individual, company, or government agency might be responsible for the injuries.

It is universally agreed that a parent should never have to bury a child as there could be no worse pain to bear. One couple recently experienced the nightmare of not only losing their one and two-year-old daughters, but witnessing the horrific accident that claimed their young lives and not being able to save them.

The babies were reportedly engulfed in steam and so badly burned when a radiator apparently burst in their New York City apartment that they went into cardiac arrest and died upon arrival at the hospital.

The family was living in a “cluster shelter”-- a privately-owned 48 unit apartment building whose occupants included four other previously homeless families placed there by City agencies. Reportedly, there were “countless complaints” filed against this building.

Whenever an accident occurs, especially a fatal one, investigators will attempt to determine who was at fault. When fires, floods, explosions, and other catastrophic injuries happen in apartment buildings, the building owner and management may be found responsible if they breached the duty to maintain the premises in a safe condition—especially if they were put on notice of building safety violations and did not take action to correct them in a timely manner. In the case at hand, if the City placed the family in the building and was aware or should have been aware of the building’s safety violations, there may be a claim against it as well. Another consideration: Was the radiator somehow defective and if so, might there be a products liability claim against the manufacturer? These are all questions a good attorney will seek the answers to.

Although it won't undo the injury or tragedy, commencing a personal injury lawsuit (or when applicable a wrongful death lawsuit in the event the victim is killed) can ease the financial burden resulting from your unexpected and devastating loss. In fact, a personal injury attorney should be contacted as soon as possible-- especially if there is a potential claim against a government agency or municipality, such as the City of New York-- to avoid missing notoriously short statutory deadlines to file a notice of claim of your intention to sue.

The Goldstein Law Firm in the Bronx, New York offers extensive personal injury experience and compassion in your time of need. We can help maximize your recovery and evaluate and advise you regarding any insurance company settlement offer. Call us at 718-239-0239 for a free consultation. We serve clients throughout New York State as well as those injured while visiting New York. 

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