Electronic Gate Crushes Brooklyn Boy – Landlord Liability Suit?
A 12-year old boy was killed this week in Brownsville when he and others were playing on the electronic, roll-up gate that secures the apartment complex they live in. Some are questioning why the gate continued to rise despite him hanging on, saying it should have detected the extra weight.
According to NBC New York, the kids frequently played on the gate, despite some residents telling them to stop. But with nothing else to play on, according to those who live there, the kids continued to ride the gate up and down as it operated.
The 12-year old Brooklyn boy was doing just that when he became trapped. He was riding the gate and became scared to jump down as it got higher, according to one child-witness. As it reached the top, he became pinned in the frame.
Rescue workers were called to the scene where they had to cut through part of the gate in order to get him out. He was pronounced dead when he arrived at Brookdale University Hospital and Medical Center.
Most mechanical gates in the city, like this one, are designed to shut down when they sense additional weight. The owner of All Day Locks and Gates says, “The second somebody will hang on it, the relay automatically will sense there is too much weight on the door and the door will automatically drop to the floor.”
Either this gate didn’t have that feature or it malfunctioned.
Residents on the property were said to have complained to the property managers before, saying there wasn’t anything for the children to do. One resident said when he asked to bring in his own basketball hoop, they denied his request, saying they didn’t want to “be responsible for it.”
The property owners, Omni New York LLC, is said to be covering the funeral expenses for the boy and has released a statement extending sympathy to the family.
When you live on a rental property or even visit friends who do, you want to know that the property is maintained and operated in a safe manner. When the landlord or owner doesn’t keep up on general maintenance or if they have unsafe machinery on site, the risk of a tragic accident like this one is increased.
If you are hurt on someone else’s property because of their failure to maintain a safe environment, you could be entitled to compensation for your medical costs and more. Whether you slip and fall or if faulty repair work causes an accident, you shouldn’t be held responsible for the negligence of someone else.
The attorneys with Omrani & Taub have helped numerous people get compensation in premises liability cases. If you think you have a case, contact us today to discuss the details and to see how we can help. Call 212-529-7848 (that’s 212-LAWSUIT).
