The Department of Education’s safety protocol requires legal guardians to fill out a green card listing the individual(s) authorized to pick each child up from school. School employees must then verify the individual against the green card before the child is released. This prevents not only abductions by strangers, but also kidnappings by estranged parents or acquaintances whom the child may trust. ��

Take precautions by making sure your child’s school pickup card is up to date, and introduce any authorized pickup parties to school staff to make sure they have a clear idea of who may pick up your child.

Case Study

The parents of an 8-year-old girl came to Langsam Law after their daughter was sexually assaulted by someone who was not authorized to pick her up from school. The child’s mother called the school and told them she would be late picking the child up. Meanwhile, the babysitter of another child in the class volunteered to take the child home, and the school released her. The babysitter then took the child to the bathroom and sexually assaulted her. The NYC Department of Education ended up settling with the family for pain and suffering and emotional distress.

Note: Prior results to not guarantee similar results.

On June 1, 2014, Daniel St. Hubert��was able to enter a building at the Boulevard Houses owned and operated by NYCHA because of a broken door and insufficient lock–which is against New York Law.��In addition, the intercom was not functioning and security cameras were never installed, despite New York City Council’s allocation of $27 million to have cameras installed. St. Hubert allegedly cornered the two children in the elevator and proceeded to stab them repeatedly. He will face his criminal trial in March.

Langsam Law was prepared to present overwhelming evidence that NYCHA failed to have any security whatsoever, enabling the assailant free and unfettered access into the building and thereby setting into motion the tragic chain of events. Yesterday, NYCHA settled after the testimony of the now 11-year-old girl.

“I am thrilled for them since it will take care of��[her] for the rest of her life in terms of her physical problems, she’s going to need plastic surgery for the numerous stab wounds, and perhaps more significantly, for the PTSD [post traumatic stress disorder] that will follow her for the rest of her life,” said ߣ�ѿ�Ƭ.��

“On behalf of the family, we are very pleased,” commented Regenia Trevethan, girl’s grandmother.��

Note: Prior results do not guarantee similar results.

The New York City Housing Authority (NYCHA) is also in the process of installing cameras in the 328 buildings it controls, which house over 600,000 New Yorkers. The effort has been years in the making, and sadly it has fallen to violent attacks to accelerate the installation process. A major catalyst occurred in 2014 when a 6-year old boy was fatally stabbed and a 7-year old girl (now represented by Langsam Law) put in critical condition after an attack in the elevator of a Brooklyn housing project. There were 52 murders in public developments in 2015, and authorities attest that not only is video surveillance a deterrent, but it is a tremendous help in apprehending a perpetrator in the event of a crime.

In January of 2016, the NYCHA announced the installation of closed-circuit television monitoring systems at another 31 of its properties, but this still left over 100 NYCHA-controlled buildings—roughly 33%–without cameras.

If you are assaulted in a residential building, you clearly have a criminal case against the assailant, but you may also bring a civil case against the landlord when security measures are insufficient. If you have suffered an attack in either a residential or commercial building, call Langsam Law to discuss your options for recourse.

You can find a copy of the New York State Multiple Dwelling Law .

Case Study 1

Langsam Law is honored to represent the civil suit for the personal injury of Mikayla Capers, the remarkably brave 7-year old who survived 16 stab wounds and watched her 6-year old friend, P.J. Avitto, perish at the hands of a convicted felon who gained entry to their apartment building. The City Council had provided $500,000 to fund security cameras for that particular housing project a year prior, yet they were never installed.����

Case Study 2

Langsam Law settled a case for a home health care worker who was attacked in an elevator at a residential building she was visiting to attend to a patient. The victim was eligible for workers compensation benefits as her injuries occurred while on the job, but the psychological damage she suffered from the rape left her unable to work. Langsam Law recovered pain and suffering compensation from the New York City Housing Authority, as the building was insufficiently secured.

Note: Prior results do not guarantee similar results.

In a recent case wherein an assailant was able to gain entry to a premises, there was a good case against the building owner for not maintaining a minimum level of security in the building.

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Two residents of a New York City housing project, aged 6 and 7 years old, were waiting for the elevator in the lobby of their building. When it arrived, a man who did not live in the building entered the elevator with them. He assaulted the two children with a knife. The 6-year old died of his injuries and the 7-year old survived 16 stab wounds.

Upon investigation, it was found that the lobby of the building was in severe disrepair, including a defective lock on the front door, broken surveillance cameras and a non-functioning intercom system, which allowed the assailant entry into the building.

While there is a criminal proceeding pending against the assailant, there is also pending civil litigation against the New York City Housing Authority (NYCHA), who owns and maintains the building, who is claimed to have breached their non-delegable duty to maintain their premises in a safe manner. The legal basis of the claim against NYCHA is their failure to address long-standing complaints about the broken locks, surveillance cameras and intercom systems, which were directly responsible for allowing the assailant entry into the building causing severe injuries and death.

Although the example above involves a municipal agency, any owner of a premises, be they public or private, has a legal responsibility to ensure that its premises are safe for its residents.

Here is another example of what I call a “hybrid” case where civil and criminal liability intersect:

A 6-year-old girl attending a New York City school operated by the Department of Education was sexually molested when she was released at the end of the school day to a person who was not on the approved list for pickup maintained by the school. Not only were criminal charges brought against the perpetrator, but the Department of Education was held to be negligent in failing to follow its own procedures thereby facilitating the assault. Damages were assessed for the child’s pain and suffering and permanent psychological and psychiatric injuries.

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Note: Once again, although this involved a public entity, it makes no difference if the negligent third party is a municipality or private entity. There is a duty owed to provide safe premises, inclusive of security.

If you are the victim of a crime and sustain injuries, consult an attorney right away. He or she will thoroughly investigate the circumstances of your case to determine if the crime was facilitated or worsened by the negligence of a third party. You may be entitled to compensation, and it may also prevent more people from being injured in the future.

Note: Prior results do not guarantee similar results.