Last month in Manhattan a two-year-old child and her grandmother were sitting on a sidewalk bench
enjoying a nice relaxing day in the city. Their day ended in tragedy when
the façade of a building partially fell apart. Bricks plummeted
to the ground, striking the child and grandmother. The grandmother suffered
minor injuries. Regretfully, the toddler was killed when the bricks struck her head.
The news report indicates that the building’s owner was issued a
code violation after the accident for “a failure to maintain the
property in a safe and code compliant manner.”
What does this mean for the victim’s and their families? Are there
special rules that apply when children are hurt and or killed by the negligence
In regard to the accident referenced above, the child’s family might
have grounds for a
wrongful death suit. But let us step away from the Manhattan tragedy of last month.
When children get hurt, special procedural rules will apply if and when
the child’s family decides to sue the persons responsible for the
child’s injury. Specifically, section 208 of the New York Civil
Procedure Law and Rules allows the statute of limitations to be extended
or “tolled”. This means that the child will have more than
three years to start a lawsuit for negligence. Instead of such a short
time, the child will have until being eighteen years of age and possibly
another three years after that to sue the negligent parties.
Cases can easily be lost when the statute of limitations has not been met.
Many rules apply and they change upon the circumstances of the plaintiff’s
unique circumstances and the circumstances of the alleged wrongful act
of the defendant. Contacting an
experienced Newburgh attorney astute in the area of child injury litigation is the only proper way to
learn about these special rules.
Returning to the accident discussed above, children are often injured while
on or around someone else’s property. The rules of premises liability
will dictate whether or not the property owner is responsible for a child’s
injury. Children are injured in many other ways while relaxing and playing outdoors.
They are injured while playing on public playgrounds or at public pools.
Children are injured in motor vehicle accidents on a daily basis. During
the school year, children have been hurt in school bus accidents. And
of course, they are known to be negligently injured in day care and school
Learn more about the common types of serious accidents that occur in nicer
our latest article posted here. Read about the common causes of motorcycle accidents in nicer weather in
our blog posted here. Learn more about joggers hit by cars and resulting liability in
our blog posted here. Read more about sunny day bicyclist hit by a car and what happens next in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.