Case Study: NYC Child Injured by Door

Children are very precious gifts to the world, which is why certain cases like our client here tend to be very sensitive subjects. When it comes to amenities like doors and other functional spaces in establishments, it falls under the responsibility of the owner of the premises to make sure these features function in ways that do not hurt people. Sometimes these cases tend to be dismissed as accidents, but when it is clearly seen that some form of neglect actually happened, then it is the responsibility of the owner of the establishment to provide compensation.

This particular case involved our clients, a mother and a child. They were leaving an establishment through an interior stairwell door. The child was holding her mother's hand while they were exiting, however the door suddenly shut itself behind them. Unfortunately, the hand of the child was found stuck in the door and a part of her finger was amputated.

The doctors tried to reattach the part of her finger but to no avail. Now the child permanently has a partially amputated finger, which will leave a lasting impact on her.

When our firm was contacted by the clients, our team immediately investigated the circumstances surrounding the building. Our team found out that the particular door did not have a door closer.

A door closer is a hydraulic device mounted on top of doors that controls the speed at which doors close themselves, especially when left open. This particular stairwell was actually on the direct path of strong winds, meaning the door would close itself faster than usual without a properly functioning closer.

Under the NYC Building Code, stairwell doors are required to be self-closing with proper closing mechanisms. Property owners have a legal duty to maintain these doors in safe working condition. Our firm and expert witnesses were able to prove that the winds forced the door to close faster than anticipated, and the absence of a door closer directly led to the partial amputation of the child's finger.

When we took the case to court, we were able to get a decision favorable to our client and were able to secure the compensation needed for the child.

Here at The Orlow Firm, we ensure our clients are very well aware of the various elements surrounding their cases. We strive to make sure they are constantly updated and are contacted regularly to discuss the various developments of their cases.

If you or your child has been injured due to a dangerous property condition, you can contact The Orlow Firm at our New York City office. We provide free consultations with one of our experienced attorneys, and may be able to help you with your premises liability case.

Sources

• NYC Building Code Title 27, Subchapter 6 — Stairwell door and fire door requirements
• NYC HPD — Self-Closing Doors — Property owner obligations for self-closing doors
• NY Courts — Statute of Limitations Chart — Filing deadlines for personal injury claims