New York City has significantly reduced the number of criminal cases it pursues of serious fire safety violations. According to a report in The New York Times, a review of court data showed that there was a 98% reduction in the number of criminal cases filed against landlords (building owners) who violated fire safety regulations, prompting concerns about the effectiveness of the city’s fire prevention strategy. In January, a devastating fire at a Bronx high rise left 17 people dead.
The Times reports that after the coronavirus pandemic hit in March 2020, the closure of the criminal courts led to a rapid drop in the number of cases being filed each month. However, the sluggish pace continued even after the courts reopened and even after city officials publicly vowed to crack down harder on landlords (building owners) for fire safety violations.
Slowdowns During and After the Pandemic
Compared with the roughly 9,800 criminal cases filed on average every year in the 10 years leading up to the pandemic, there were fewer than 200 in 2021, amounting to a more than 98% reduction. City officials told the Times that fire inspectors were directed in September 2020 to pursue lesser civil charges so these could be promptly processed in an administrative court, which remained open during the pandemic.
A spokesperson for Mayor Eric Adams told the newspaper that focusing on civil charges was “the best way to keep New Yorkers safe” adding that the city had stepped up fire safety outreach after the tragic Twin Parks blaze in the Bronx. With criminal courts severely backlogged in the wake of the pandemic, issuing criminal summonses for infractions would mean more delays, officials said.
The city has traditionally prosecuted building owners and businesses such as hotels and restaurants in criminal court when lesser penalties for safety violations are ignored. New York also pursues criminal cases when a problem — say a locked exit or improperly stored flammable material — presents a significant hazard. After the Bronx fire, housing advocates and residents of the high-rise building described longstanding problems with fire alarms and self-closing doors that did not work properly.
Both of those played a major part in the fatal smoke inhalation injuries that all the deceased victims had suffered in the Twin Parks fire — several of them children. FDNY and the New York City Department of Buildings conduct inspections of fire escapes when residents complain and the Housing Department inspects smoke detectors. But, most of the responsibility for adhering to fire safety codes ultimately rests with the building owners or property managers.
Property Owners’ Responsibilities
New York City laws require property owners and/or property managers to maintain spaces that are safe for tenants, visitors and guests. For example, building owners are required to provide, install and maintain smoke detectors and carbon monoxide detectors in each unit. The devices should also be maintained and remain in good working order. A number of falls from windows also occur because building owners don’t install window guards as required or fail to maintain the guards.
When a fire or accident at a building is caused by negligence (carelessness) or a lack of property maintenance, the property owners and/or property managers may be held liable for the injuries and loss of life that occurs. Injured victims or families of deceased victims can file a premises liability claim against the responsible parties including, but not limited to, the property owner, property manager, maintenance/repair company, etc.
Injured victims in such cases can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones can file a wrongful death lawsuit seeking compensation as well.
Contacting an Experienced Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (NYCHA) (the Projects), please remember that you have legal rights. If you or a loved one has been injured as a result of dangerous conditions, the experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options and also fight hard to recover just compensation for you. For over 51 years, our skilled attorneys have established a proven track record of assisting injured victims. One of our clients — a hot water burn victim — secured $750,000 in damages from the property owner and manager.
Our firm also obtained a $985,000 settlement out of a $1 million policy for two people who suffered smoke inhalation injuries because the homeowner did not have smoke detectors installed and the $15,000 that was left on the insurance policy was for a person that we did not represent. Another of our clients recovered $2,500,000 due to a faulty space heater. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases in New York, 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.
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Source: https://www.nytimes.com/2022/10/05/nyregion/fire-code-prosecutions-nyc.html