Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings some of which her family’s lawyers say still hadn’t been addressed when the family sued the city and building owner in August for wrongful death and negligence. — Daily News
According to Daily News, the city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst. The city Law Department wrote: "Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," as reported by Daily News. The "activity alleged" here refers to walking on a sidewalk.
Stephen Rex Brown, writing for Daily News goes further: "In other words, the city is saying that by “voluntarily” walking down the sidewalk, Tishman assumed a risk of injury — including a risk that stonework might fall from a building not properly inspected by the city," he writes.
The case is currently pending.
11 Comments
This is not an Onion article.
now i can add walking on the sidewalk to my list of "reasons why living in nyc is hard"
I bike on the sidewalk every morning, very fast, and never hit a thing. I don't see the issue here! ;)
DeBlasio is a moron
This has nothing to do with DeBlasio, you clown.
i agree with both of these comment, although i might use the word clown.
This is seriously not happening! So this happened in 2019 and the case is still pending? come on.
Do you know how lawsuits even work? Call me if this is settled by 2025.
No words.
Very sad, regardless of profession. I guess it adds enough irony for a headline, though.
the entire city is filled with horrible sidewalk sheds because of this issue
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