Legally Speaking By: Scott Baron, Attorney at Law North Shore Towers Courier n September 2014 47 WOODEN HANGERS Q: While fighting a fire in an abandoned public school building, my wife was crushed by the fall of a heavy suspended ceiling. This building had been constructed before the turn of the century. The ceiling had been hanging in the building for as long as anyone can remember. It turns out that the ceiling had been hung from the roof by combustible wooden straps instead of by metal hangers. Wooden hangers are extremely susceptible to quick collapse in the event of fire. I say the use of wooden hangers violated good and sound construction practice. A: Our statutes confer a cause of action upon injured firefighters, and the families of deceased firefighters, against any person or entity causing the injury or death by reason of the violation of any governmental statute, ordinance, code or regulation. Suppose that a statute requires the use of metal hangers in existing nonfireproof, special occupancy structures, but that it applies only to structures and parts thereof constructed after a certain date. The statute might well not apply, if this building was very old. Even if the law was violated, it appears that the defect was a hidden one and could not so readily have been discovered, even by an inspection. Doubtless the defendant will argue that it was never put on notice of the existence of this defect. NST Car Butler Professional Car Care Services Under New Mgmt-Better Service, Better Value THE ART OF ELDER LAW For more than 30 years the elder law firm of Ronald Fatoullah & Associates has been providing New Yorkers with legal solutions that protect, relieve and endure for generations. Our dedicated attorneys are skilled in the art of giving legal advice and are accomplished in elder law, Medicaid eligibility, estate planning, trusts, estate mediation, wills, asset protection, guardianships, probate and most issues associated with the challenges of aging. Our distinguished reputation is based on a commitment to the highest ethical and professional standards and our core values of honesty, integrity, and excellence. “We won’t settle for anything less”. 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 718-224-2525 Full Service Auto Detailing Fully Insured Pick Up & Delivery Minor Mechanical & Body Repairs 270-10 Grand Central Parkway, Floral Park North Shore Towers; Building 3, Garage Level 3 EXQUISITE CATERING AND FINE DINING OVERLOOKING SCENIC NORTH SHORE TOWERS COUNTRY CLUB & GOLF COURSE Towers Restaurant & Caterers AT NORTH SHORE TOWERS 272-48 GRAND CENTRAL PKWY. FLORAL PARK, NY 11005 (718) 279-1472
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