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Our building recently received a lawsuit regarding a "trip and fall" that happened last year. Plaintiff claims serious injury due to "neglect" of maintenance of tree pit.
Legal papers were served and this is the first time we heard of the fall.
Does this happen all the time in nyc?
In any event, it will cost the building? Unfairly, I might add.
Should we remove the tree?
We had a beautiful metal fence which cars and trucks kept backing into and the cost of repair fell in building.
To alleviate that problem colored stones were put down.
Steve,
All that's been done. Insurance co will probably try to settle. What I find an outrage is that there was no contact immediately after the fall other tha receiving legal papers a year later. Seems suspect. Btw, our streets is inundated with bars and rehab centers.
I am so glad you said not to remove the tree!! That would be heartbreaking. But maybe a new fence? Or pave the enclosure instead of stones?
We had 2 of these, 1 inside the building and 1 outside. No witnesses to either one, legal notice can be served via the Dept of Corporations in Albany. Defective stairs inside, what defect? Nothing broken, nothing to repair. Insurance company inspects the sidewalk every year or two, came up ok. We contacted our insurance carrier, they handled both, settling both. Even with recorded video, you're not likely to have 2 years of history available to play it back to see what happened. This is life in NYC, loaded with lawyers, and also elected to serve us in Albany.
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Frank - Who were the papers served on? Contact your Co-op's attorney and insurance carrier immediately, and do not say anything to anyone before you do. DO NOT try to deal with this or negotiate on your own. You will dig a hole deeper than you realize. Personal Injury lawyers love to deal with non-attorneys who think they are saving money.
Your insurance carrier is probably the best place to start. They will assign an attorney to you to handle the case. Your board attorney should be involved because that is why you have board attorney.
Do not try to cut corners to save money. It will wind up costing you more in the end.
Don't remove the tree, don't change the tree, don't change anything. Doing could be made to seem that what you originally had was hazardous. Wait until you get competent advice from either your insurance company's attorney or your board attorney.
Good luck with this,
--- Steve
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