Two 12-year-old boys left a woman critically injured after they threw a shopping cart off a walkway above a plaza at an East Harlem Target. According to a report in the New York Daily News, the 47-year-old woman, a mother of two, was nearly killed in the incident. The four-story walkway at East River Shopping Center has a 42-inch wall, which is shorter than the standard height required by the city. The walkway was constructed by a private developer and a loophole in city rules allowed the walls to be built shorter. If the elevated walkway had been built by the city, the regulations would have required walls eight feet high. The developer said they followed standards set by the Building Department. The boys who threw the cart at the woman have been charged with assault.
Although the exact nature of the woman’s injuries is not known, a person struck by a heavy object that is falling down four stories can definitely suffer serious injuries such as brain injuries, broken bones, lacerations, head or spinal trauma, and possibly even death.
An accident such as this may have been avoided if both the city and the developer had followed the standards more closely. One question that arises in this report is whether this incident would have happened had an eight-foot fence been constructed. While the developer says an accident is rare and unpredictable, city officials say they need to look more intently at the loophole.
City officials are expected to review plans and adjust them accordingly to ensure public safety. The city may be found liable if it is determined that they had a say in this developer’s plan and approved the plan despite the violation of city height standards for bridge walls. In this case, Target may also be held liable with a premises liability claim because the incident occurred on their property.
If you or a loved has been injured as a result of someone else’s negligence or wrongdoing, please call the experiencedNew York personal injury lawyers at the Law Offices of Kenneth A. Wilhelm to schedule your free consultation. Please contact us at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: New York Daily News
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