Unsafe billboards in NYC pose premises liability risk
Sometimes, it takes a serious accident that could expose property owners to the reality of premises liability before they realize the potential dangers posed on their property.
Last month a billboard fell onto the Brooklyn-Queens Expressway and into traffic lanes. The billboard was a giant Mega Millions Lottery sign. The day it flew onto the elevated portion of the BQE there were 40 m.p.h. winds.
The billboard was apparently stationed too close to the roadway. In addition to being too close to the BQE, the billboard allegedly had faulty bolts at its base, making it an accident waiting to happen because of its potentially negligent maintenance. The fact that it was too close to the highway simply made the circumstances that much more dangerous.
And apparently this is not the only unsafe billboard around the city. Commercial billboards must meet certain safety requirements, including that they must be at least 200 feet from major highways. Several billboards around the city, including the one that fell, are much closer than that, placing motorists at risk of harm and serious injury.
Interestingly, the current safety regulations concerning billboards only apply to commercial billboards, and not those paid for by charities or other non-profit organizations. Considering that most of these organizations have the public interest and safety as their main goal, it seems questionable why their advertisements should not also have to comply with safety regulations.
In this case, the Lottery is a New York state organization, so technically it did not have to comply with safety regulations. However, on the other side of the billboard was an ad for Dunkin’ Donuts, requiring it to meet the 200-feet rule. In either case, the billboard was dangerous to the public, both in its maintenance and in its placement.
New York City grants permits for these structures, but apparently the accountability for the safety of their structure and the appropriate placement of billboards has been lacking. New York City must address this dangerous situation and inspect billboards on its property in order to ensure public safety. If signs do not comply with safety regulations then they should be removed.
Source: New York Daily News, “Many billboards are illegally -and dangerously – close to city highways: Councilman James Vacca,” Kim Whitehead, Feb. 9, 2012
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