Injured by a Collapsing Building While Walking in Queens: Can I Sue?

If you were injured by a building collapse in Forest Hills, you probably have the right to file a premises liability lawsuit. Contact Cohan Law, PLLC to determine the next potential steps. Our New York City personal injury lawyer fights tirelessly to protect the rights of victims right here in Forest Hills. Unsafe buildings put pedestrians at risk. Falling facade, parapet, brick, terra-cotta, concrete, cornice, sign, or awning debris can cause catastrophic injuries to pedestrians. These cases often require a detailed investigation into the building owner, managing agent, commercial tenant, contractor, engineer, and available insurance coverage.

Queens Teen Injured After Being Struck by 40-Pound Piece of Facade

On May 31st, CBS News reported that a 14-year-old in Queens had been injured by a piece of collapsing building facade. The minor was strolling down the street with his parents when the building suddenly began to collapse, sending a massive stone chunk hurtling to the ground. Officials say that the 40-pound stone piece struck the teen in the head.

Witnesses reported hearing a large crashing sound followed by screaming. One neighbor says that the child had a severe head wound immediately after the accident, but somehow retained consciousness until first responders arrived. This individual says that a cloth awning above the victim might have slightly slowed the chunk’s descent, saving him from more serious injuries. CBS reported that the incident happened in Jackson Heights, not Forest Hills, but it is a stark Queens-wide reminder of the danger posed by poorly maintained exterior building components. The same risks can exist in Forest Hills near Austin Street, Queens Boulevard, 71st-Continental Avenue, Metropolitan Avenue, Yellowstone Boulevard, and other high-foot-traffic areas.

Property Owners Are Legally Responsible for Maintaining Their Premises

In New York, property owners owe pedestrians a “duty of care.” In other words, they must ensure that pieces of their buildings don’t fall off and injure people walking down below. If a property owner fails to take this basic step, they become liable for any victims’ injuries.

New York City law is even more specific. Under NYC Administrative Code § 28-301.1, building owners are responsible for maintaining their buildings and related structures in a safe and code-compliant condition. That includes exterior walls, facades, parapets, cornices, appurtenances, and other building components that could become dangerous if they deteriorate or detach.

Property owners are also responsible for carrying out regular inspections to detect potential issues (such as collapsing facades). If they fail to properly inspect their premises on a regular basis, they may also become liable for future injuries, even if the building never collapsed on a previous occasion.

For taller buildings, NYC’s Facade Inspection Safety Program, commonly associated with Local Law 11, imposes additional inspection requirements. Owners of buildings higher than six stories must have exterior walls and appurtenances inspected every five years and must file a technical facade report with the Department of Buildings. If unsafe conditions are found, the owner must take steps to protect the public.

Who Can Be Liable for Falling Building Debris?

The building owner is often the primary defendant in a falling-debris case. However, other parties may also share responsibility. A managing agent may have ignored complaints. A commercial tenant may have installed or maintained an unsafe sign, awning, or exterior fixture. A contractor may have performed negligent repair work. An engineer or qualified facade inspector may have failed to identify an unsafe condition. In some cases, a neighboring construction project may have contributed to the collapse.

That is why these cases should not be treated as simple slip-and-fall claims. Cohan Law can investigate the property ownership records, DOB records, facade filings, building violations, leases, maintenance contracts, surveillance video, photographs, witness statements, and insurance policies. The goal is to identify every party whose negligence contributed to the injury and every available source of financial recovery.

Key Takeaways

• A teenager in Queens was recently injured by a piece of falling facade that weighed 40 pounds
• Buildings collapse, and often because property owners fail to properly maintain their premises
• An experienced premises liability lawyer may be able to help you recover compensation for your injuries
• Forest Hills pedestrians may face similar risks near busy commercial corridors, older buildings, storefronts, apartment houses, and mixed-use properties
• NYC Administrative Code § 28-301.1 requires owners to maintain buildings in a safe and code-compliant condition
• Buildings higher than six stories may also be subject to NYC’s five-year facade inspection requirements

Can a Premises Liability Lawyer in Forest Hills Help Me?

With more pedestrians taking to the streets during warmer weather, the threat of building collapses has never been higher. If you were struck by a piece of facade, you have every right to sue. *However, a strong claim depends on proving what fell, why it fell, who was responsible for maintaining it, and what insurance coverage is available. Cohan Law can move quickly to preserve evidence before repairs are made and before video footage disappears. Contact us today to set up your free, no obligation initial consultation with a Forest Hills premises liability lawyer.

Sources:

 cbsnews.com/newyork/news/queens-teen-hit-falling-debris/

codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-157982

nyc.gov/site/buildings/safety/facade-local-law.page