When an establishment like a school, day care, church, or camp welcomes children to their premises, they take on both responsibility and accountability. It is a fair expectation that these institutions will keep your child safe while in their care but, if your child is injured, it is important to look further into the circumstances surrounding the injury, as insufficient supervision often lies at the core.

Cities and states across the country are experiencing a teacher shortage and New York is not immune to this struggle. In 2019, state officials determined that New York would need up to 18,000 new teachers annually², and the pandemic has hastened retirement for many. While there are no city or state mandates regarding the ratio of adults to children during recess or play time, supervision is specified in a school’s safety plan and may involve teachers, lunchroom and recess monitors, and parent volunteers. In any case, the burden of establishing and enforcing safety and supervision guidelines lies firmly with the school—or other entity that offers children’s programs.

While there is no amount of supervision that can guarantee an injury-free playground, supervisors have a strong influence on safe play and whether kids are using equipment properly. If your child is injured on the playground or sustained an injury at summer camp, contact an attorney to review the safety policy and determine whether the institution is living up to the guidelines they have established for themselves. If not, there is a case for negligence, and calling this into scrutiny is important in order to remedy the situation going forward so other children do not suffer avoidable injuries.��

Cases of negligence can be filed against both public and private schools, however if your child attends public school, you must file a notice of a claim within 90 days.��

Case Study 1

Langsam Law represented a case where an 8-year-old child suffered internal injuries when she was hit by a swing on the playground. The child was hospitalized and diagnosed with damage to her pancreas. The doctors said that her pancreas had been compromised and it was possible that there would be long-term health implications. When Langsam Law reviewed the guidelines for school policy, we found that the school was not providing supervision according to the adult-to-child ratio they had defined and documented. Langsam Law settled the case for pain and suffering based on the severity of the injury as well as medical costs.

Case Study 2

A parent approached Langsam Law after their three-year-old fell from a jungle gym at daycare, which the child was not old enough to be playing on. The child suffered a bad wrist injury that required surgery. While the ratio of adults to children was in line with the daycare’s guidelines, the age policy was not being adhered to. The daycare was negligent for allowing a toddler in the vicinity of playground equipment that they had deemed not suitable for his age. Langsam Law settled the case for medical costs and pain and suffering based on the severity of the injury and medical costs.

Note: Prior results do not guarantee similar results.

1 Source: National Center for Biotechnology Information

2 Source: NYSUT Fact Sheet 19-17:

Whether a property is used as a long-term or short-term rental, the landlord is required to provide the tenant with a safe living environment. Dangers can be posed by failure to equip the house with standard safety measures or by deferred maintenance. Common rental dangers that are the responsibility of the owner and/or management company include:

• Water leaks
• Improper drainage
• Electrical shorts
• Broken/loose stairs and floorboards
• Broken or missing railings
• Uneven sidewalks/patios
• Faulty smoke or carbon monoxide alarms
• Dead or trees or tree limbs
• Toxic mold

If injury is sustained because of improper upkeep of a property, the owner and/or management company can be held negligent. To prove landlord negligence, it is important to contact a personal injury attorney as soon as possible to review your case. Photographic documentation of the dangerous living condition along with witnesses and testimonials can go a long way in supporting your case and recovering damages for your injury.

Case study

Langsam Law is currently representing a client who was the victim of a slip-and-fall case at their vacation rental in the Hamptons. Pooling water caused mold growth on the deck, making it a slippery and dangerous surface. This situation could have been easily remediated by the property owner had they taken care to inspect the property between renters.

New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

On August 22, 2019, 30-year old Sam Waisbren was on his way to work–but when he began to exit the elevator, the car plummeted to the basement, crushing him to death against the shaft wall. Residents of the luxury building in Kips Bay had complained of ongoing elevator issues, yet no formal complaints about that particular elevator had been filed with the Department of Buildings in the past decade. The building’s other elevator was not operational.

The investigation into whether the elevator’s safety mechanisms may have been tampered with continue. In the meantime, Waisbren’s family has filed a wrongful death lawsuit against both the lift manufacturer and the building.

An elevator-related hazard does not need to reach the level of this horrific incident in order for the building owner, management, elevator manufacturer, and maintenance company to be considered negligent. Uneven leveling can lead to trip-and-fall injuries. Elevator doors opening between floors can expose passengers to fall risks. Malfunctions in the pulley system can cause the car to jerk or even freefall, injuring occupants.��

If you or someone you know has experienced an injury due to an elevator malfunction, contact Langsam Law at 212-742-2700. If you believe the elevator in your building may be a safety hazard, file a complaint with the Department of Buildings via 311. If there is clear and present danger, dial 911.

• Excessive drinking is responsible for more than 4,300��deaths among underage youth each year.
• People aged 12 to 20 years drink 11% of all alcohol consumed in the United States.��
• On average, underage drinkers consume more drinks per drinking occasion than adult drinkers.��More than 90% of this alcohol is consumed in the form of binge drinks.
• In 2013, there were approximately 119,000 emergency room visits by persons aged 12 to 21 for injuries and other conditions linked to alcohol.

What are Parents (or Other Adults) Liable For?��

Under��the Social Host Law, it is illegal��to provide alcoholic beverages to individuals under the age of 21, and��can hold violators liable for injuries or accidents caused by intoxicated youth. But what if you didn’t provide it, and you’re unaware that it’s happening at your home? Even if you didn’t know about the drinking, you could be on the hook for lawsuits, fines, and even jail time for contributing to the delinquency of a minor. And that’s not even considering the lifelong toll it would have on your conscience if one of the kids suffered fatal alcohol poisoning or was in a car accident that resulted in theirs or others’ deaths.��

Here’s another twist:��New York has a “permissive use��doctrine,” which states the owner of a vehicle may be held responsible if they gave either express or implied permission for another person to drive the��car��and an accident subsequently occurred. That means, regardless of where a kid was drinking, if they’re driving your car, you have liability for the consequences.

If you’re thinking “not at my house, not in my car, not my kid,” take another gander at those statistics and consider a serious sit-down talk about how irresponsible behavior could not only get them in trouble, but could land YOU in jail.��

If you find out that an accident has happened due to underage drinking at your home or your child has been arrested for an underage DUI, call an attorney immediately.��In the meantime, make sure your general liability coverage is current.��

Data Source:

While there are no city or state mandates regarding the ratio of adults to children during recess or play time, each school has its own guidelines. If your child is injured during recess, contact a lawyer right away. The attorney can review school policy and determine whether the staff is following protocol for proper supervision. If there is a violation of the guidelines, it is important to have the situation remedied for future safety on the premises.

Cases of negligence can be filed against both public and private schools, however if your child attends public school, you must file a notice of a claim within 90 days.

Case Study 1

Langsam Law represented a case where an 8-year-old child suffered internal injuries when she was hit by a swing on the playground. The child was hospitalized and diagnosed with damage to her pancreas. The doctors said that her pancreas had been compromised and it was possible that there would be long-term health implications. When Langsam Law reviewed the guidelines for school policy, we found that the school was not providing supervision according to the adult-to-child ratio they had defined and documented. Langsam Law settled the case for pain and suffering based on the severity of the injury as well as medical costs.

Case Study 2

A parent approached Langsam Law after their three-year-old fell from a jungle gym at daycare, which the child was not old enough to be playing on. The child suffered a bad wrist injury that required surgery. While the ratio of adults to children was in line with the daycare’s guidelines, the age policy was not being adhered to. The daycare was negligent for allowing a toddler in the vicinity of playground equipment that they had deemed not suitable for his age. Langsam Law settled the case for medical costs and pain and suffering based on the severity of the injury and medical costs.

Note: Prior results do not guarantee similar results.

While it is important to carry ample auto insurance to cover not only you but uninsured motorists, it is also important to carry personal liability insurance. This can be part of your renters insurance, homeowners insurance, or an umbrella policy. In the event of an accident where you are found to be negligent, personal liability coverage will step in to shield the assets you have worked so hard to earn.

Personal liability insurance typically covers:

• Personal Injury
• Defense Costs��
• No-fault medical payments to others
• Property damage to others
• Damages caused to others by members of your household, like your kids
• Damages caused to others by your pets, like dog bites or destruction of property

A Cautionary Tale

Langsam Law represented a woman who slipped and fell in front of a building, however the building owner did not have insurance. A lawyer operates on behalf of their plaintiff, and as such will still proceed to recoup money for their client from the defendant’s personal assets if there is no insurance. This means if you are uninsured, you will have to pay any settlement or judgment out of your own pocket. Wages can be garnished, liens can be filed against your property, and assets can be seized.

Please call your insurance agent today to review your policies and place them on autopay so your insurance never lapses. We want your surprises in 2019 to be only the good kind!

A perfect example is a Langsam Law client who had ongoing trouble with a defective door handle, which she and her husband had both reported to the Co-op Board of Directors previously. As our client went to step onto her balcony—considered part of the common area and therefore the Co-op Board of Directors’ responsibility to maintain—the door handle came off in her hand, causing her to lose her balance, fall into a glass table, and damage a thoracic vertebrae in her spine. ��The fact that the couple had reported the problem in writing prior to the incident strengthened their case when they brought a law suit against the Co-op Board of Directors to cover damages for pain and suffering and medical bills for major surgery. Langsam Law settled the case for a substantial award midway through trial.

When you bring a lawsuit against a management company or a Co-op Board of Directors, it is not personal. In this case, our client’s husband was on the Co-op Board of Directors! These companies carry ample insurance for these types of incidents, and while we can only hope that the management company or Co-op Board of Directors addresses hazards before they cause damage, the insurance provides recourse.

Remember, the more documentation, the better. Read our previous articles How Taking Photos Could Make Your Case and our article on bicyclists and motorists for valuable information that is helpful regardless of the situation surrounding your accident.

Note: Prior results to not guarantee similar results.

Here are the key timeframes you need to be aware of:

• If the snow��stops falling between 7am and 4:49pm you must clear it��within 4 hours.
• If the snow��stops falling between 5pm and 8:59pm you must clear it��within 14 hours.
• If the snow��stops falling between 9pm and 6:59am you must clear it by��11am the next day.

Keep an eye out your window so you can be sure to comply! Fines range from $100-350, but liability issues can be much more expensive. Remember, if you slip or trip on a property, regardless of whether it is outside of the required snow removal window, you should contact an attorney immediately.��

1. Be Aware of Your Surroundings While you may not be to blame in a slip-and-fall accident, your best bet is to avoid injury altogether. Be on the lookout for black ice, snowbanks that have formed at crosswalks or the end of driveways, and wet floors in building entries. Carpets that have been laid down for safety can also become bunched, creating a tripping hazard.
2. Know Your Rights Building owners and municipalities carry a��responsibility for taking��reasonable precautions against slips and falls, including the placement of adequate warning signage and floor mats. Read more about their liability >>

3. Take Photos If you see a dangerous situation, take photos and mention it to the property manager. Again, the best bet is to avoid injury to you and others. However, if a slip- or trip-and-fall incident occurs, having photos of the scene will go a long way in supporting your case—or a neighbor’s. Read more about how taking photos could make your case >>

4. In the Event of Injury, Contact an Attorney Immediately The general statute of limitation for lawsuits related to trip-and-fall, slip-and-fall, and automobile accidents is three years, but there are multiple reasons why waiting that long could cost you your case! Read about them here >>��

5. Don’t Assume You Have to Deal With This On Your Own Slip- and trip-and-fall cases can cause serious injuries, and cases against negligent parties can result in significant compensation for damages. Langsam Law recently went to court for a trip-and-fall case where our client was awarded $450,000. Read about the case >>

Have you or someone you know been injured in a slip- or trip-and-fall accident? Contact Langsam Law at 212.742.2700 today for a free consultation.

Note: Prior results do not guarantee similar results.