BUILDING OWNER MAY BE LIABLE FOR UNSAFE PREMISES QUEENS, NEW YORK (July 6, 2015)
A 50-year-old superintendent was killed in the boiler room of the apartment he worked at in American Gardens, according to CBS News. Authorities have been able to identify the man that was murdered as Gary Nelson. The attack took place in the afternoon on Monday at 123-27 Merrick Boulevard. Police are still trying to identify a person who may be responsible for the killing. Gary Nelson was transported to Jamaica Hospital where he was later pronounced dead. Residents described Nelson as a good man and were in shock that he died in the attack. The investigation into the stabbing is ongoing. New York landlords have an obligation to keep their properties safe and to warn visitors of any latent dangers on the property. A landlord may have a duty to keep its residents safe from intruders. This obligation could be increased by a number of factors including a history of crime at an apartment building or if the building is located in a high crime area. There are many other factors that investigators into this crime will need to determine. Did this apartment have surveillance videos to act as a deterrence for criminals? Was there adequate lighting on the premises? Did the apartment building have any system in place for checking in guests? Typically New York law bars employees from filing a lawsuit against their employers. However, New York’s Workers’ Compensation Law §11 outlines certain exceptions involving “grave injuries” for which an employer may be involved in a lawsuit against a third party. A third party in this case may be an outside company hired to provide security for the building or a company which installed the building’s locks. An example of a “grave injury” may include death.
HELPING THOSE IN NEED BY RAISING AWARENESS
At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm were absolutely heartbroken to learn about the senseless murder of Gary Nelson. Our thoughts and prayers are with his family as they mourn such an incredible loss. We encourage anyone that may have useful information to contact police immediately. If there is anything at all we can do for the family as they continue to piece together what happened, our phones are always on 212-344-1000.