What Happens If a Pedestrian Caused an Accident?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Pedestrian Accident

According to the most recent data from the National Highway Traffic Safety Administration, a staggering 7,522 pedestrians lost their lives in traffic crashes on public roads in 2022 (NHTSA). Liability usually falls on the driver, who has a higher duty of care. However, there are times when these accidents also occur due to the negligence of a pedestrian. They may be jaywalking, texting, or darting into traffic to catch a bus. However, it is still possible to recover compensation in New York because it follows a pure comparative negligence standard regarding liability. If you’ve been hurt in a pedestrian accident and are concerned because you may bear partial responsibility, it’s wise to contact a skilled and experienced personal injury lawyer.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.  is one of the premier personal injury law firms in New York City. If you are looking for a lawyer to fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. When you sustain severe injuries due to another party’s negligence, we invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you need to heal after a pedestrian accident.

When Are Pedestrians Potentially At Fault for an Accident?

As noted, liability usually falls on the driver, who has a higher duty of care than a pedestrian. However, typical examples where pedestrians might be partially at fault include the following:

  • Jaywalking: Crossing the street outside designated crosswalks or against traffic signals can disrupt traffic flow and lead to accidents.
  • Intoxication:  According to the Insurance Institute for Highway Safety (IIHS), in 2021, 38% of pedestrians aged 16 and older killed in pedestrian accidents between 9:00 pm and 6:00 am had blood alcohol concentrations (BACs) at or above 0.08%.”
  • Distraction: Using cell phones, wearing headphones, or being otherwise distracted diverts attention from changing traffic conditions, inclement weather, and hazards such as construction, which can be dangerous for both drivers and pedestrians.
  • Traveling on Highways or Restricted Areas: Despite clear signage and warnings, some pedestrians ignore restricted zones. Whether it is a construction site or a busy highway, they venture into areas where pedestrian access is prohibited.
  • Sudden Movements: Pedestrians who suddenly dart into the street to catch a bus or retrieve something they dropped can catch drivers off guard, leaving them with little or no time to react, increasing the likelihood of an accident.

Understanding Pure Comparative Negligence in New York

New York is a pure comparative negligence jurisdiction. Under this standard, the state allows the plaintiff to claim damages, even if they are 99 percent at fault. Their damage awards are based on the percentage of fault determined by the court.

For example, a pedestrian crossing a busy road while texting is hit by a speeding car. Even if they are found to be 40 percent at fault for texting, they can still recover 60 percent of their damages and losses. However, a $100,000 damages award is reduced to $60,000 in this scenario.

Potential Compensation

If you were injured in a pedestrian accident, you may be eligible for compensation to cover losses from the incident, including economic and non-economic damages. Economic damages are the hard costs that are easily quantified with receipts, bills, and invoices, including but not limited to:

  • Emergency room visits and hospital stays
  • Surgeries and medical procedures
  • Rehabilitation and physical therapy
  • Medications and medical supplies
  • Future medical care for long-term injuries
  • Lost wages and future lost wages
  • Reduced earning capacity
  • Property damage

Non-economic Damages

Non-economic damages refer to the soft costs which are more subjective, such as pain and suffering, and are calculated using one of two methods. The first one uses a multiplier chosen by examining multiple factors, such as the severity of injuries, the length of recovery, and the effect of these injuries on quality of life. A longer recovery and more severe injuries generally result in a higher multiplier, usually between 1.5 and 5.

A per diem method uses the length of recovery time as the starting point for calculating pain and suffering damages. Using this method, an attorney chooses a per diem amount based on factors similar to those that influence the multiplier method.

Non-economic damages may include embarrassment or humiliation, a form of mental anguish, post-traumatic stress disorder (PTSD), reduced quality of life, reduced enjoyment of life, and disfigurement or scarring.

Average Settlement for Pedestrian Accidents

The average settlement for a pedestrian hit by a car varies widely. Generally, the more severe the injury and its impact on the accident victim’s life, the higher the settlement. Consulting an experienced attorney can offer a better idea of what kind of settlement to expect based on the specific fact patterns of the accident.

Steps to Take After a Pedestrian Accident

Knowing what to do after a pedestrian accident is essential. Take the following steps to strengthen your case and ensure your health and well-being:

  • Seek Medical Attention: Prioritize your health by getting medical care immediately, even if your injuries seem minor. Prompt medical attention ensures your well-being and provides the necessary documentation for your personal injury claim.
  • Report the Accident: Contact the police and file an accident report. This report may be crucial for insurance purposes and potential legal action.
  • Collect Information: If you can, gather details from the driver, including their name, contact information, insurance policy number, and vehicle registration. Also, collect contact information from witnesses.
  • Document Everything: Keep detailed records of all medical treatments, travel expenses to appointments, e.g., rehabilitation, physical therapy, and any correspondence related to the accident. This documentation will support your claim.
  • Consult a Lawyer: Contact a pedestrian accident lawyer at our firm as soon as possible. We can explain your rights, obligations, and options under the law, helping you make informed decisions on how to proceed with your case.

Common Injuries Caused by Pedestrian Accidents

Pedestrian accidents often result in severe injuries because they do not have the protection afforded to the occupants of a vehicle. The force of impact from a vehicle can cause catastrophic harm, including the following:

  • Head injuries (concussions, contusions, skull fractures)
  • Spinal cord injuries
  • Broken bones and fractures
  • Soft tissue injuries (Sprains, strains, bruises, and lacerations)
  • Internal injuries
  • Amputations

Traffic-related pedestrian injuries are a growing public health threat worldwide. The global economic cost of motor vehicle collisions and pedestrian injuries totals $500 billion. The seriousness of pedestrian accident injuries underscores the need for an aggressive personal injury lawyer who will fight for the rights of the accident victim to recover the compensation they deserve. 

How Our Experienced Lawyers Can Help

Pedestrians harmed by the negligence of other parties, even if they bear partial responsibility, should consult a New York pedestrian accident lawyer. They will thoroughly investigate the accident, negotiate with insurance companies who often try to minimize or deny compensation, and represent them in court if settlement negotiations fail to achieve a fair and reasonable amount. By seeking the help of our team, injured victims can confidently navigate the legal process, knowing that their rights and interests are being vigorously defended.

Schedule a Free Consultation

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have achieved a reputation as distinguished litigators committed to seeking justice for our clients. Schedule a free, no-obligation consultation today if you’ve been harmed in a pedestrian accident. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

What Should I Do After a Pedestrian Accident in New York?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Pedestrian Accident

New York City is home to over 8 million people, most on foot through all five boroughs. Unfortunately, collisions between motor vehicles and pedestrians are common, often leading to serious injuries. If you were hurt in a pedestrian accident, it’s wise to consult a skilled and experienced personal injury attorney.

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. When you turn to us for help, we are here for you. When you call, you will always speak with one of our experienced attorneys. We will give you the personalized attention that you deserve. Schedule a free consultation today.

Steps to Take After a Pedestrian Accident

The steps you take after a pedestrian accident can affect the strength of your potential legal claim, which could be impacted by even a minor mistake. If you can follow these suggestions, you have a greater chance of protecting your rights and your health and well-being:

Get to Safety

If you were struck by a car, your first step, when possible, is to get out of traffic. Getting out of the road can protect you from further injury, but if you were struck by a car in a parking lot, alley, or sidewalk, your best option is to stay clear of other vehicles. The vehicle that hit you should also move off the road. The only exception to this suggestion is when moving presents an additional risk of injury.

Contact Law Enforcement

Once you are safe,  contact the police and report the accident. Police in New York are not obligated to show up every time an accident occurs. However, the law requires contacting law enforcement when bodily injuries are involved, which is the case in the vast majority of pedestrian accidents.

When the police arrive, they will investigate the cause of the accident. This usually involves speaking to the parties involved and witnesses. After investigating the scene, they will file a report, which can be essential to your personal injury case.

Seek Medical Treatment

If you suffered serious injuries, call 911. You are allowed to leave the scene of the crash if you require immediate medical attention.

Further, seek medical care even if you do not need an ambulance. Some injuries have delayed onset symptoms, and pain can be masked by the adrenalin that floods the body. A healthcare provider can assess your condition and schedule diagnostic tests to ensure you receive the best care possible.

Seeing a doctor can also protect your legal rights by creating a paper trail that would be hard to dispute. In addition, you have a legal obligation to mitigate your damages. It means that you take reasonable steps to prevent your injuries from worsening. Failing to treat an injury could limit your financial recovery in a lawsuit.

Document Evidence at the Scene

The more you can document the details of the accident, such as the position of the car that struck you and the debris from the crash, the more likely your attorney can build a successful case for compensation.

You can make note of traffic conditions, the weather, and the type of car that struck you. Take pictures or videos. If possible, collect the contact information of witnesses. The testimony of a neutral party carries tremendous weight at trial. Their statements could convince an insurance company to settle, allowing you to avoid a trial entirely.

Avoid Admitting Fault for the Accident

Do not discuss the details of the accident with the driver or witnesses. Obtain the driver’s license number and insurance details. Do not admit fault or apologize. Talking about your accident could jeopardize your claim, especially if you say something that could be misconstrued as an admission of fault.

You can expect the defendant’s insurance adjuster to contact you shortly after the crash and ask for a statement. You are not obligated to speak with them–doing so may hurt your chances of a successful claim. They are trained to take your words out of context and look for excuses to deny or minimize your claim.

Notify Your Insurance Company

If you have auto insurance, notify your carrier about the accident. New York law requires auto liability insurance coverage, and you could pursue a claim for medical expenses and a portion of lost wages, up to policy limits. For serious injuries, you can file a claim against the driver who hit you.

Consult a Lawyer

Finally, consult a New York pedestrian accident lawyer. They can negotiate with insurance companies or pursue legal action through the court system. In most cases, they can resolve pedestrian accident claims through a settlement without the need for ever filing a lawsuit.

Schedule a Free Consultation

Pedestrian accidents can be complex, and the driver will likely have the support of an insurance company and an attorney. You deserve legal counsel that can help even the playing field so that you have the best chance of recovering compensation for your damages and losses. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

What To Do If You Slip and Fall On An Icy Sidewalk: Know Your Rights 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip and Fall

There are many slip and fall hazards during winter in New York. If you’ve slipped and fallen on an icy sidewalk in areas like Midtown Manhattan, Fordham in the Bronx, Downtown Brooklyn, or Astoria in Queens, seek medical care, document the scene, report the accident, and follow the care plan of your treating physician. Property owners are responsible for installing, repairing, and maintaining sidewalks adjoining their properties. Liability may rest with, for example, the owner of a private residence on the Upper East Side or a local municipality, county, or state organization. Regardless of who is ultimately responsible, an injured person can almost always take legal action against the negligent party.   

At Friedman Levy, trust that we are thoroughly familiar with city regulations and laws surrounding this type of accident. We are one of the premier personal injury law firms in New York City and are committed to seeking justice for our clients. Our law firm was founded on the principle that everyone is entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today. We are happy to answer your questions and assess your case. 

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

Take Action Immediately After Your Fall

Your health should be your top priority, so seeing a doctor is essential. If possible, document your injuries with photos or videos. For instance, if you fell face first, you likely broke your fall with your hands. If you notice any swelling or discoloration in your wrist or fingers, document it. Further, even if your injuries seem minor, see a healthcare provider. Adrenaline floods the body and can mask pain, especially with a soft tissue injury. Your doctor will provide a treatment plan that will hasten your recovery and reduce the odds of it worsening. Once you are stabilized, contact an attorney. 

If you’ve been hurt in a fall on an icy sidewalk in anywhere in NYC, follow these steps:

  • Seek Medical Attention First
    Your health is the top priority. Whether you hit your head or braced your fall with your wrists, even minor injuries can become serious. See a doctor, document swelling or bruising, and follow their care plan. Prompt medical records support your claim.
  • Document the Scene
    Take photos of the icy conditions, uncleared snow, or slush. In neighborhoods like Bay Ridge or East New York, black ice is especially dangerous. If you’re unable to take photos, ask bystanders or passersby to help you capture evidence and share their contact info.
  • Report the Incident
    If your fall happened on public property, like outside a subway entrance or in a municipal parking lot, notify the appropriate agency. Creating a written report strengthens your legal case.

Gather Evidence from the Fall 

If you are physically able to do so, gathering evidence related to your fall is crucial to your claim. This means taking pictures of the surface that caused your fall. In winter, black ice is treacherous because it’s often impossible to discern. Nevertheless, images illustrating possible negligence, such as snow that hasn’t been shoveled and untreated ice in the immediate area, may prove important.  

Since New York is such a busy city, enlist the help of passers-by if you find it difficult to do anything except wait for help to arrive. They can take pictures or videos with your phone. In addition, they may serve as witnesses, so be sure to get their contact information. It is also helpful to take note of any security cameras.  

If the fall happens on public property, such as a parking lot, report it when possible. It creates a written record, which, along with your medical records, is crucial documentation that is hard to refute.  

Follow Your Care Plan 

It is not enough for you to see a doctor after a fall. To improve your health and the chances of a successful personal injury lawsuit, you should follow the treatment plan provided by your physician. It will increase your odds of a full recovery. If the doctor in the ER refers you to a specialist, e.g., an orthopedist, for a broken bone, be sure to make that appointment and save those records as well.  

Following your treatment plan will also strengthen the case for your winter slip and fall accident lawyer. When you file a personal injury lawsuit, you have an obligation to mitigate your damages. For example, suppose you see a nurse practitioner at a local urgent care, and they recommend that you go to the ER because your injuries are too severe. In that case, you must heed this advice, as it is best for your health and demonstrates that you are doing your best to mitigate your damages.  

Turn Your car accident into a Step Towards Justice. Contact Us Today!

Establishing Negligence 

To prove negligence in a slip and fall case, you must establish that a property owner or another party caused unsafe conditions and was aware of it but didn’t do anything to remedy it.  

The legal burden rests on whether it can be established that a property owner failed to exercise reasonable care, although other entities may also bear some responsibility. Your attorney can investigate who could be potentially liable for your injuries. For example, a business owner in Midtown may have been aware that ice and snow have created hazardous conditions and subcontracted the work to a third party who failed to do their job.  

Given the legal complexities in these matters, it is always wise to consult with an attorney who will know how to determine responsibility for clearing ice and snow from NYC sidewalks. 

Schedule a Free Consultation with Friedman Levy 

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is a New York City-based law firm specializing in the areas of plaintiffs’ personal injury and medical malpractice law. Our highly talented, diverse, and congenial staff brings a wealth of experience to prosecute these cases successfully, and we are ready to help you.  

Schedule a free consultation today to discuss your legal options with a winter slip and fall accident lawyer. Since we work on a contingency basis, we do not take any money from you unless and until we are successful in winning your case. 

The Importance of Legal Consultation After a Car Accident 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Car accidents are jarring, especially when they are caused due to the negligence of another party. In the aftermath, medical bills, missed work, and stress add to the overwhelm. It is always wise to get a legal consultation after a car accident. An attorney can answer your questions and assess your case, which will help alleviate your anxiety and worry. Further, they are indispensable because they understand how to navigate New York’s complex traffic laws and personal injury regulations. 

If you’ve been hurt in a car accident, contact us at Friedman, Levy, Goldfarb, Green & Bagley for a free consultation. Our team will fight for your legal rights and seek full and just compensation for your injuries. 

Injured in a Car accident? Let Us Fight for Your Rights!

The Legal Process is Complex 

Holding negligent motorists accountable for their actions takes dedication, experience, and tenacity. The legal system is complex, and there are many pitfalls. Having a lawyer who understands how to maximize your financial recovery is invaluable. 

During a consultation, an attorney can answer questions and address concerns about the process, from filing a lawsuit to taking a case to trial. They could also offer context for past settlement offers or how a judge has ruled in similar cases in the past.  

In addition, once you retain them, they can also do the following for you:  

Evaluate and Assess Your Case 

Your lawyer can determine the odds of success by evaluating your case. While they cannot guarantee a specific outcome, they can help you understand the strengths and weaknesses of your claim. They can also advise you on the types of damages that might be available to you if you are successful, e.g., lost wages, medical bills, and pain and suffering.  

Negotiate with Insurance Companies 

Many car accident cases do not go to trial. In fact, a large percentage of them end in a negotiated settlement agreement. Dealing with insurance companies can be challenging, especially when they act in bad faith by consistently offering lowball settlement amounts. Your attorney could deal with the insurance adjuster to resolve your case fairly.  

Turn Your car accident into a Step Towards Justice. Contact Us Today!

Litigate Your Case  

While a negotiated settlement is typical, there are inevitably instances when working out a deal is impossible. Some defendants do not have the resources needed to make you financially whole, while others might simply refuse to accept responsibility. When this happens, going to court becomes necessary. Our firm could handle every aspect of your lawsuit, from filing the petition, gathering compelling evidence to support your claim, and preparing you for trial.  

Contact Us Today for a Free Legal Consultation 

If you are ready to recover fair and reasonable compensation for your damages after a car accident, it is time to contact our trusted car accident lawyers in New York City for a free consultation. There is no obligation to hire us. Since we work on a contingency basis, you will not pay attorney’s fees unless we win. We look forward to hearing from you.  

The Legal Process Of Filing A Car Accident Claim In New York

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

If you’ve been in a car accident in New York, know how to protect your rights. Always report the accident and seek medical attention. Contact your insurance company and file a notice of claim within 30 days. However, do not give them a statement until you’ve spoken to a lawyer.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our team of trusted car accident lawyers in New York City is prepared to leverage our substantial resources and experience to fight for your right to recover compensation after a car accident for your losses and damages. Contact us today for a free consultation. We’re happy to assess your case and answer your questions.  

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

File a Report 

After an accident, be sure to call the police so there will be an official record of your accident. Insurers can’t review your claim or pay a reasonable settlement without this. Further, New York requires accident victims to file a report if total property damage exceeds $1,000 or if there are personal injuries or a fatality. These rules apply even if you are the only one involved in the accident.  

New York is a “No Fault” State: What Does That Mean? 

New York is a “no-fault” state, leaving drivers reliant on their insurance policies to recover for medical expenses, lost wages, and property damage. So, if you were hurt in a crash, you can seek compensation through your personal injury protection (PIP) insurance policy–no matter who was at fault—but only up to policy limits.  

While these benefits are helpful, they rarely cover the losses in a severe collision. For example, you could sue the other driver if they caused the accident and you sustain a serious injury, e.g., a bone fracture or disfigurement. An attorney could further advise you on maximizing your car accident compensation in New York.  

File a Notice of Claim 

Within 30 days of your accident, you will need to file a Notice of Claim with your insurance provider. This document formally notifies the insurer that you intend to file a claim and seek benefits under your policy. While some exceptions allow late filing, it is always in your best interest to avoid delays when possible. Providing notice of a pending insurance claim is one thing. You must also provide supporting documents, e.g., proof of your losses, including your medical bills.  

Injured in a car accident? Let Us Fight for Your Rights!

One of the primary benefits of going through the no-fault system is that insurance companies are required by law to act quickly. You should receive either full reimbursement for your losses or notice that the insurer is disputing your claim within 30 days of filing it.  

Schedule a Free Consultation With An Experienced Car Accident Lawyer 

It’s always wise to speak to an attorney following a car accident. We are ready to help you understand the process of filing a car accident claim in New York. Schedule a free consultation; there is no obligation to hire us. Since we work on a contingency basis, you will not pay attorney’s fees unless we win compensation. 

Top 3 Factors Influencing Car Accident Settlements 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Because no two motor vehicle accidents are exactly alike, it’s essential to understand the factors that can influence a car accident settlement. One of the most crucial is whether or not the at-fault party has adequate insurance coverage. If they are underinsured or driving without insurance, it can be challenging to recover for your damages and losses, especially if you have sustained serious injuries.  

In all cases, it’s best to seek legal counsel. At Friedman, Levy, Goldfarb, Green & Bagley, if you’ve been hurt due to the negligence of another party, we are prepared to leverage our considerable resources and experience to fight for your right to a fair and reasonable damages award. If you have questions about car accident settlement and compensation, our team is ready to help. We invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you deserve.  

Turn Your Car Accident into a Step Towards Justice. Contact Us Today!

1. Insurance plays a crucial role in car accident settlements 

As noted above, the existence of liability insurance coverage could dramatically impact the value of a settlement. If the other driver has ample coverage and your case for negligence is strong, you may be able to recover an award that pays for all of your losses. If the at-fault driver has a low policy limit or lacks insurance, getting the full value of your claim could be more challenging. However, New York has “no-fault” insurance rules. You’ll be required to recover benefits from your car insurance policy first, regardless of who caused your accident. It will reimburse you for medical expenses and wages up to policy limits.  

2. The severity of your injuries is another important consideration for car accident settlements 

In most cases, severe injuries such as traumatic brain injury, disfigurement, or permanent scarring often result in a larger settlement. The victim will likely be unable to work for an extended period of time and thus cannot provide for themselves or their families. In addition, they often suffer from chronic pain, depression, and other symptoms of trauma.  

If your injuries are serious, as defined by state law, you have an opportunity to step outside of the no-fault system and pursue legal action against the responsible party. You could be eligible to recover for economic damages, i.e., medical expenses, lost wages, and non-economic damages, such as pain and suffering.  

Our experienced car accident lawyers in New York City could help you pursue the compensation you deserve.  

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

3. Be wary of the statements you make after an accident 

Avoid apologizing, even if it’s a general statement such as I’m so sorry this happened; this may be used against you when determining fault. If you are asked to make a statement to the police or your medical provider, state only the facts as you can remember them without admitting fault or assigning blame to the other party. Finally, it is not in your best interests to provide an insurance claims adjuster with a written or recorded statement without first speaking to an attorney.  

Contact Friedman, Levy, Goldfarb, Green & Bagley for a free consultation 

There is no question that your choice of lawyer can significantly impact your car accident case. Our firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation. We have won millions of dollars in awards for injured clients to cover medical bills, lost wages, pain, suffering, and rehabilitative care. Contact us today for a free consultation. We will be happy to advise you of your right and opportunity to recover compensation for your losses.  

Window Guards & Protecting Your Children: Everything You Need to Know

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

If you have a child under the age of 10 living with you in a building with three or more apartments, New York City law requires all building owners to install window guards. 

There has been a recent epidemic of accidents involving children falling from windows and sustaining severe and sometimes fatal injuries. These tragedies are fully preventable. Owners of buildings with three or more apartments are required by NYC Administrative Code §27-2043.1 to install window guards. Those who do not comply with this law risk receiving a violation subject to fines, and a heartbreaking accident on their hands.  

What Type Of Windows Require Guards?

Windows of all types, including screened windows, must have a window guard, except those

  • leading to fire escapes
  • serving as secondary exit windows in first-floor apartments, and
  • windows in which air conditioner units are permanently installed

Building owners are further required to install and maintain NYC Health Department approved window guards in public hallways and other building common areas where children age 10 or younger reside.  

What Are Building Owners Required By Law To Provide To Their Tenants?

Building owners are required to send an Annual Notice to residents, inquiring whether children age 10 or younger live in the apartment. Individuals without children under the age of 10 are also entitled to request window guards for any reason. The Annual Notice is to be sent to residents in January of each year. With each new lease, building owners must inquire whether children live in the apartment by providing a Lease Notice to Tenant or Occupant.  

Who Is Responsible For The Cost Of Window Guards?

Building owners are required to purchase all window guards for common areas. Owners are permitted to charge a one-time fee per guard but cannot charge for those previously installed in the apartment. Further, window guard charges should not be included in the base rental price and cannot exceed $10 per window guard for rent-controlled or rent-stabilized apartments.  

What Should You Do If You Feel That Your Apartment Windows Are Unsafe For Your Child?

You can call 311 or file an online complaint to report any unguarded windows. In the event a child under the age of 16 falls from your apartment window, it is important to act quickly. Call 911 immediately and get the child all necessary medical care. All falls must be reported to the NYC Health Department within 24 hours of the incident. The premises liability attorneys at Friedman, Levy, Goldfarb & Green are here to support you through these tragedies, provide the legal expertise to establish liability, hold responsible parties accountable, and hopefully, to prevent future falls. Contact us for a free consultation to discuss the specifics of your case. 

AC Units and Window Falls: How to Keep Your Kids Safe This Summer 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

New York City is facing an epidemic of children falling from windows. As of July 2023, at least six children have fallen from windows in the New York City area already this year. In April, two children fell from unguarded windows in unrelated incidents that occurred on the same day. Most recently, a 4-year-old child died after he fell from a window in Brooklyn. These falls have resulted in serious injuries and death to young children across the city. Ensuring that window air conditioning units are properly installed can prevent these tragic accidents.  

Responsibilities of the Building Owner

The New York City Department of Health has regulations in place regarding the installation of window air conditioning units. Building owners are required to permanently install window air conditioning units with one-way tamper-resistant screws in apartments where children 10 and under live. The AC unit must be permanently and securely bolted to the window frame and leave no open space greater than 4.5 inches. It is recommended that secure, rigid metal panels be placed on either side of an AC unit instead of, or in addition to, accordion vinyl panels. Metal panels must be able to withstand 150 pounds of pressure without bending or breaking.   

Tenant Responsibilities 

Tenants are responsible for informing building owners of children 10 and younger living in an apartment. Tenants must also complete the annual notice provided by landlords. The annual notice asks whether children 10 and younger live in a dwelling, or if window guards are requested for any reason.  

Safety Tips 

Once window guards or stopping devices are installed, do not alter or remove them. Likewise, do not leave children unsupervised in rooms with windows that lack such safety measures. To file a complaint regarding a building owner, tenants can call 311 and report violations to the New York City Department of Housing Preservation and Development.  

Has Your Loved One Been Injured in a Window Fall? We Can Help. 

The experienced premises liability lawyers at Friedman, Levy, Goldfarb & Green handle cases from New York City and the surrounding metro area. We have the resources and expertise to get you the compensation you deserve. You owe nothing unless we recover damages on your behalf.  Contact us for a free consultation.

Can I Sue the NYPD for Police Brutality?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Civil Rights

In New York State and elsewhere, the law places limits on the level of force that the police may use in their jobs. When they use a level of force that exceeds reasonable limits, they risk violating someone’s civil rights. In New York City, a victim who suffers injuries at the hands of the police can sue the NYPD for police brutality.

The attorneys at the New York law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. appreciate the challenges that the police face every day. However, we also believe that everyone’s civil rights should be protected against overzealous law enforcement. We help individuals who have been victims of NYPD police brutality to recover the largest available compensation for the injuries that they have suffered at the hands of the police.

Police brutality includes many types of excessive conduct

An experienced New York City civil rights lawyer will tell you that many types of excessive conduct by law enforcement can rise to the level of police brutality, including:

  • Excessive use of tear gas, pepper spray, or water cannons
  • Physical beatings
  • Racial profiling
  • Property damage
  • Police shootings
  • Overuse of tasers and restraining devices
  • Deprivation of food or water during detention

These and other types of police misconduct are all human rights violations. This behavior gives the injured party a right to file a police brutality lawsuit against the NYPD and the individual officer who deprived them of their rights.

You need to act quickly to file an NYPD police brutality lawsuit

If you believe you have a good reason to file a police brutality lawsuit, you must first submit a Notice of Claim to the correct city officials within ninety days. Your Notice must include details of what happened and identify all individuals responsible for your injuries. Failure to file a correct Notice of Claim will be cause to dismiss your lawsuit. Further, a lawsuit must be filed within one year and ninety days after the incident.

Many victims of police brutality might be discouraged from filing a lawsuit by family or friends. They may believe that you can never win a lawsuit against the NYPD. Rather than following their advice, your better course of action is to confer with a knowledgeable and experienced NYPD police brutality lawyer. They can evaluate your situation and provide a professional assessment of your opportunity to recover damages for violations of your civil rights. Your lawyer will need time to conduct a thorough investigation. Therefore, you should retain legal counsel as soon as possible to meet the filing deadlines.  

You can recover substantial damages for your NYPD police brutality injuries

Every year, New York City pays hundreds of millions of dollars in compensation to victims of police misconduct. Depending on the facts of your case, you may be able to recover compensation for your:

  • Hospital bills and other medical expenses
  • Wages you lost while recovering from injuries caused by the police
  • Pain and suffering, and mental anguish
  • Attorney fees

In extreme cases where police brutality is deemed to be intentional or grossly reckless, you might also recover punitive damages. These are awarded to penalize the perpetrators of your injuries and to discourage them from similar future conduct.  

Contact Us to File a Police Brutality Lawsuit

At Friedman, Levy, Goldfarb & Green, we fight to protect the civil rights of all individuals who have suffered serious mistreatment at the hands of the police department. We respect the efforts of the majority of law enforcement personnel to protect the city’s residents from crime. However, we also believe that those efforts are best served when the department is held accountable for the brutality of its few bad actors.

Please call our Manhattan offices after you have suffered injuries at the hands of the NYPD for a no-fee consultation with one of our lawyers. We will provide a fair and straightforward explanation of your right and opportunity to sue the NYPD for police brutality. If you retain our services and we accept your case, we will fight tirelessly to recover the largest available damages to compensate for your injuries and violations of your civil rights. 

Legislation Introduced to Rename Portion of Route 45 After Heroic Spring Valley Firefighter Jared Lloyd

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

The New York State Legislature plans to rename a portion of Route 45 after volunteer firefighter Jared Lloyd. He died fighting a fire at an assisted living home in Rockland County in March 2021. This tragedy underscores the importance of upholding integrity in local building inspections to keep citizens and first responders safe.

Jared Lloyd Gave His Life in Service of Others

Press conference to announce proposed renaming of Route 45

Jared Lloyd, a 35-year-old father of two boys, lost his life in a fire at the Evergreen Court Home for Adults in Spring Valley on March 23, 2021. He had rescued one resident and went back in to save another when the smoke and flames overcame him– prompting a mayday call just before the second floor of the building collapsed. His body was recovered in the rubble 24 hours later. Lloyd had been a member of Columbian Fire Engine Co. No. 1 in Spring Valley for more than 15 years.

One other resident, 77-year-old resident Oliver Huested, also perished in the blaze. Twenty of the 112 residents were taken to area hospitals– some with serious injuries. Twenty-three fire companies responded to put out the fire. Two firefighters were injured, with one treated for smoke inhalation.

Rockland County Executive Ed Day said at a news conference. “Jared Lloyd gave his life in service to others. He searched as the building burned, determined to rescue anyone who may have been trapped; his loss is devastating. There is no other way to put it. But I will tell you this– his loss and his heroism will never be forgotten.” His mother, Sabrail Davenport, said, “Jared has been a good son, always loved putting his life before others. He had a passion for service since high school.”

Criminal and Civil Lawsuits Filed in the Fire’s Aftermath

The building was deemed a total loss. Rockland County Department of Health officials reported that smoke detector and sprinkler reports were found in compliance when last checked in December 2019. Denise Kerr, Director of Evergreen Court Home, issued a statement that the center had been inspected multiple times by local authorities in 2020, with no fire safety citations or violations found.

Three months later however, these reports were called into question when authorities arrested four men— including two village building inspectors, a rabbi, and his son. Rabbi Nathaniel Sommer and his son, Aaron Sommer, are alleged to have started the fire by using torches to burn the ovens out– part of a kosher cleansing of kitchens ritual for Passover. The Sommers are charged with multiple felonies, including manslaughter, assault in the second degree, and arson in the fourth degree, as well as misdemeanors of assault and second-degree reckless endangerment.

In addition, village building inspectors Wayne Ballard and Raymond Canario stand accused of filing false reports with the state. Offering a false instrument for filing is a felony, while second-degree falsifying business records count as a misdemeanor.

Misdemeanor arrest warrants were also issued for Evergreen Court employees Denise Kerr and Manuel Lema of Pomona for their actions before the start of the fire. These actions included shutting off the connection to the county fire communications center before the Passover preparations.

Kerr faces second-degree reckless endangerment. Lema faces second-degree criminal impersonation and second-degree obstructing governmental administration. Investigators are also examining whether a lack of water pressure interfered with the firefighter response effort. Attorneys at Friedman, Levy, Goldfarb & Green are handling numerous civil claims on behalf of the family of the fallen firefighter Jared Lloyd against all those alleged to have caused this preventable tragedy.

New York Legislature Proposes Renaming a Portion of Route 45 After Jared Lloyd

Lawsuits and arrests are a positive step forward in demanding accountability. Though nothing can bring back Jared Lloyd, local officials wanted to recognize the bravery and sacrifice of the local hero. State assembly members Michael Lawyer and Kenneth Zebrowski introduced a bill in the lower chamber to rename a portion of Route 45 after Jared Lloyd, which will be carried through the Senate by Elijah Reichlin-Melnick. It is expected to pass and be signed into law by the governor in early June.

Legislators met with family members outside the Hillcrest Fire Department on Route 45 on February 10. New York State Representative Ken Zebrowski said, “The most important thing we can do is change the culture of noncompliance, and make sure everyone realizes that enforcement– fire code, zoning code– is not just words on a page, but it is the mechanism that keeps our firefighters safe and our citizens safe.”

Hurt in a Fire? We Can Help You Seek Justice.

Contact the experienced lawyers at Friedman, Levy, Goldfarb & Green to pursue a premises liability claim. We handle cases from New York City, including Manhattan, Bronx, Brooklyn, and Long Island. Our team has the resources and track record to win. Call now for a free case review.