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New York
Related: About this forum"NYC architect killed by falling debris in Midtown should have known sidewalks are dangerous"
You walk New York Citys mean streets, you take your chances.
Thats the argument from city lawyers defending a lawsuit brought by the family of a prominent architect killed by falling debris from a Midtown building.
Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings, some of which her familys lawyers say still hadnt been addressed when the family sued the city and building owner in August for wrongful death and negligence.
The city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst.
Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," the city Law Department wrote the activity alleged being walking on a sidewalk.
Thats the argument from city lawyers defending a lawsuit brought by the family of a prominent architect killed by falling debris from a Midtown building.
Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings, some of which her familys lawyers say still hadnt been addressed when the family sued the city and building owner in August for wrongful death and negligence.
The city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst.
Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," the city Law Department wrote the activity alleged being walking on a sidewalk.
Read the rest at:
https://www.nydailynews.com/new-york/ny-architect-debris-lawsuit-20201015-wq2qcb73nvb5xm3sal3l24wgku-story.html
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"NYC architect killed by falling debris in Midtown should have known sidewalks are dangerous" (Original Post)
PoliticAverse
Oct 2020
OP
FeelingBlue
(758 posts)1. Insane cruelty n/t
Sanity Claws
(22,038 posts)2. Shows how desperate the attorneys are for a legal theory
They've got nothing! One may assume some risk while walking the street but the risk is not from falling building facade.
Ferrets are Cool
(21,957 posts)3. The argument seems to be stupid...
but my question is "Why is the city being sued?" Is it because they didn't make the owers fix it soon enough?
PoliticAverse
(26,366 posts)5. This article has more details on the suit...
https://www.nydailynews.com/new-york/ny-tishman-family-sues-city-building-owner-for-fatal-facade-collapse-20200825-gpfsgwsptfg7tgvme2uxfyrfra-story.html
However, the city took no additional steps to make the building safe, the lawsuit alleges. The city didnt install a sidewalk shed to protect pedestrians until a day after the tragedy.
Ferrets are Cool
(21,957 posts)7. Thanks
Enterstageleft
(3,823 posts)4. I have a better defense...
Statistics unequivocauilly prove the leading cause of unintended deaths in the world is...sex!
IF people would quit having sex, nobody would be born, therefore the death rate would decline to...0
Argue against that one rePugs!
GeorgeGist
(25,427 posts)6. Soulless sickos.