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In a report by the Governors Highway Safety Association (GHSA), which reviewed data for all 50 states and the District of Columbia, fatal accidents involving 16 and 17 year old drivers increased 11% for the first six months of 2011. This trend, if determined to be the same for the second half of the year, would end an 8 year period of decline in deaths of teen drivers.

Total deaths of 16 and 17 year old drivers during the first half of 2011 increased from 190 in 2010 to 211 in 2011. More specifically, there was an increase in 16 year old fatalities from 80 to 93, and an increase in 17 year old deaths from 110 to 118. There were increases in 23 states, 19 states had reductions in deaths, and 8 states along with the District of Columbia did not have a change in the first six months of 2010 and 2011. The states with the biggest increases in fatalities were Florida, Texas and North Carolina.

The increase in teen deaths is in contrast with data from the National Highway Traffic Safety Administration (NHTSA), which has released an estimate that total motor vehicle deaths in the first half of 2011 decreased approximately 0.9%.

The author of the GHSA study, Dr. Allan Williams, has attributed the teen driver fatality increases to a leveling off of the benefit of Graduated Driver Licensing Laws, now that these laws have been in effect for several years. Additionally, Dr. Williams points to an improving economy as another factor to the statistics, with more teen drivers on the road. The GHSA suggests ways to combat this disturbing trend, which include improvements in driver education, parental involvement in establishing safe driving habits for their children, and strengthening traffic regulations. One concrete and absolute measure is to absolutely prohibit the use of any hand held cell phone or electronic device while driving, which is already illegal in the State of New York.

For example, texting while driving is now a primary traffic infraction in New York State (meaning that the investigating police officer does not need to find another violation such as speeding or following too closely to issue a texting while driving ticket). Texting while driving now leads to 3 points on the driver’s license, and fines with surcharge of approximately $235.00.

Traffic deaths will generally rise in the second half of the year, due to summer driving, vacations, and holidays known for higher accident levels including July 4th, Labor Day, Thanksgiving and Christmas.

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Raymond Knox, the former owner of The Paddock in Patterson, New York, has commenced a federal lawsuit claiming false arrest and malicious prosecution arising out of a tragic fatal DWI accident case on Super Bowl Sunday in 2007 involving his bar manager. The background is that on February 4, 2007, Sandra Longchamps, an off duty bar manager at The Paddock in Patterson, New York, allegedly was served between 12-14 drinks, and then was a driver on Route 22 involved in a head on collision with a minivan operated by 34 year old Kirsten Henry. Ms. Henry’s husband and three children were passengers in the car. Both Longchamps and Ms. Henry died in the accident, and Henry’s three children and husband suffered serious injuries but survived.

Knox was convicted in a bench trial in Patterson, New York before Judge John King in March of 2008 of the misdemeanor charges of allowing Longchamps to be served alcohol when she was visibly intoxicated pursuant to New York State General Obligations Law Section 11-101, and allowing gambling in the tavern. The trial included testimony by the County’s toxicology expert Betsy Spratt, who reported that the autopsy results showed Ms. Longchamps’ blood alcohol concentration (BAC) to be between a 0.34 to 0.41%, several times the legal limit of 0.08%. Victim impact statements were read to the Court by members of the Henry family, and Mr. Knox was sentenced to nine months in jail.

Mr. Knox served approximately five months of the nine month sentence and was released for good behavior. In 2009, the Appellate Term in the 2nd Department (which covers local Courts in Putnam County and other lower Hudson Valley Courts, among others), reversed the conviction. Knox’ attorney had claimed that Longchamps was in fact drinking at another establishment that night, the Alpine Restaurant, and that the investigating officer, Sgt. Timothy Gannon of the Putnam County Sheriff’s Office, did not investigate this information. The attorney representing the County and Sgt. Gannon claims that Longchamps was never at the Alpine Restaurant, (he asserts that witnesses never saw Longchamps at the Alpine that evening), states that Knox was not denied any rights under the U.S. Constitution, and claims that Officer Gannon had probable cause to arrest Mr. Knox.

The New York Court of Claims, which has jurisdiction over all cases against New York State, awarded Mr. Knox $150,000 in 2011 for being “unjustly convicted and imprisoned.”

In the federal lawsuit, Mr. Knox claims that he never would have been arrested if the Putnam County Sheriff’s Office conducted a proper investigation, including speaking with all potential witnesses from the Paddock and the Alpine. He is seeking compensation for the five months that he was falsely arrested and imprisoned. Mr. Knox has also claimed malicious prosecution. In order to be successful on the malicious prosecution claim, Mr. Knox must prove that there was no probable cause to commence the lawsuit against him, that the lawsuit was commenced with malice, that the case was dismissed, and that he has suffered damages as a result of the prosecution.

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Last month, two members of Gov. Cuomo’s state security team with the NYS Police were involved in car accidents with pedestrians on consecutive days in Mount Kisco. First, on January 18, 2012, Dolce Perez, 22, was stuck as she was crossing Main Street by a vehicle operated by Sgt. Joseph Crispino as he was attempting to turn left from Maple Avenue onto Main Street. Ms. Perez was taken to Westchester Medical Center in Valhalla, reportedly with a skull fracture. She was quoted as follows: I remember walking across the street, the light at the intersection was red and I had a walk sign, and then the car must have hit me because the next thing I remember is I woke up in the hospital.” According to a State Police spokesperson, they are still investigating the fault of this first accident.

Then, the following day, on January 19, 2012, 50 year old Jeronimo Ardon-Perez was crossing North Bedford Road (Route 117) when he was struck by a vehicle operated by State Police Investigator Gregory Panzarella. In both pedestrian accidents, the troopers were off duty and alone in their unmarked vehicles. In this second auto accident, the state police spokesperson claims that Mr. Ardon-Perez “crossed into the front” of Panzarella’s unmarked 2005 Pontiac Grand Prix, and that the vehicle “clearly was operating within the right of way.” Mr. Perez (no relation to the fist victim) was also taken to Westchester Medical Center with serious head injuries and injuries to his legs.

The State Police reconstruction unit is investigating both accidents, which certainly begs the question as to whether there is a conflict of interest in the investigation. In my own experience, I have had cases in which local police officers were involved in accidents, and the investigation was referred to the State Police to avoid the conflict of having the same police agency “Investigate its own.” The State Police spokesperson noted that: “It is customary for us to handle our own accidents, regardless of where they happen…we are a close to 5,000 person agency, with different groups that handle different matters, and we are able to separate investigations from the groups that are involved.”

Both of the troopers are on duty and no sobriety tests were given to either. The State Police deny that there is any significance to the fact that these two accidents happened in such close proximity in time and location.

There are regulations under the New York State Vehicle & Traffic Law which control the right of way at an intersection and the rights of both pedestrians and drivers of motor vehicles. Specifically, under section 1111 of the Vehicle & Traffic Law, if a pedestrian is within a crosswalk with the green light, the pedestrian has the right of way and all vehicles must yield to that pedestrian. Conversely, if the pedestrian is attempting to cross in an intersection without a traffic signal, under 1151 of the Vehicle & Traffic Law, the pedestrian is only permitted to cross if the vehicle is not “so close that it is impractical for the driver to yield.”

Thus, in determining fault in these two cases, the issues will be: Were Dolce Perez and Jeronimo Ardon-Perez within a crosswalk? Was there a traffic control signal? Was the traffic signal green for them? If there was no traffic control signal, was there sufficient time for the troopers to have stopped their vehicles?

We will monitor the investigation of these two cases and report further on any developments.

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Several of the surviving passengers of the Costa Concordia cruise ship have filed a wrongful death lawsuit in Miami, Florida, where the parent corporation of Costa Cruises, Carnival Cruise Lines has its headquarters. According to the lawyers for the plaintiffs in the Miami lawsuit, the case could soon be amended to include hundreds of plaintiffs, seeking compensatory and punitive damages in an amount of $450 million dollars. Punitive damages are only awarded when there is proof of egregious, outrageous conduct on the part of defendants, and are not only difficult to obtain but not covered by insurance, certainly a concern for any corporation.

The lawsuit filed in Florida seeks damages on at least four causes of action, maritime negligence, gross negligence, intentional infliction of emotional distress, and negligent retention. The last cause of action is based on the fact that it is alleged that Costa Concordia was negligent in continuing to employ someone, Captain Francesco Schettino, who was not competent to meet the duties and obligations as the ship’s captain.

As most of the world knows by now, on January 13, 2012, a cruise ship carrying 3,000 passengers and over 1,000 crew members crashed into rocks and rolled onto its side off an island on Italy’s Tuscan coast. 16 people died and at least 16 are still missing. It is rumored that the ship’s captain Schettino diverted from the ship’s intended path to allow one of the crew members to wave to family members onshore, at which time the ship struck rock and flipped onto its side. Schettino apparently abandoned ship prior to the passengers disembarking and is now being held on house arrest for causing the fatal accident and abandoning the ship.

There are some major difficulties with the lawsuit against Carnival, however. To begin with, the fine print on the tickets purchased and signed by the passengers has a “choice of forum” clause which requires that the lawsuits be filed in Italy. This provision is particularly onerous for several reasons, including the financial and practical problems of commencing a lawsuit in Genoa, Italy. (where Costa Concordia is based). Italian law requires that plaintiffs post a judiciary tax that is a certain percentage of potential damages, and even more significantly, the Costa ticket contains a clause that its liability for death or injury to a passenger is limited to approximately $71,000, an amount which pales in comparison to the amount that could be awarded to the family member of the decedent of a fatal accident in the United States. In the United States, a wrongful death claim could potentially include damages for pain and suffering, loss of parental guidance, and pecuniary loss, which could be huge if the person killed had a substantial income and was supporting a family.

Another issue with commencing lawsuits in Florida or other U.S. forums is that crew members likely have contracts which require that they first submit to arbitration before instituting litigation. Traditionally, arbitration awards, issued by purportedly objective judges, are much smaller than amounts decided upon by juries, who would be much more likely to consider the emotional and devastating impact of the injuries to passengers and their surviving family members.
In an effort to ward off litigation, Costa Concordia has offered the passengers a sum of 11,000 euros, or $14,400, as total compensation for all personal injury, property and financial damages, which is without question a paltry amount, particularly for those who were grievously injured or to family members of those who died.

Another lawsuit, filed by crew member Gary Lobaton, was commenced in an Illinois Court on January 26. This suit alleges that Costa Concordia was negligent due to an unsafe evacuation of passengers and crew and seeks 100 million in damages. The Lobaton lawsuit is seeking class action status on behalf of all passengers and crew members. If past history is any guide regarding the pending cases, maritime experts note that the U.S. Supreme Court has upheld the choice of forum clauses in the past, which is obviously not good news for plaintiffs and their attorneys. If the Costa cruise had touched port in any U.S. city, there would be a jurisdictional basis to file the cases in the U.S., but the ship left port near Rome and was headed for Barcelona and Majorca when the tragedy occurred.

In an 11th U.S. Circuit Court appellate case last August, the Court sustained a forum clause in a case in which a California plaintiff who broke her leg on a Regent Seven Seas cruise ship would be required to sue in Paris rather than Fort Lauderdale, Florida, pursuant to a clause in her passenger ticket. One other possibility to resolve the multitude of claims would be for Carnival and Costa to set up a claims fund similar to that developed by BP after the Gulf of Mexico spill, which would involve plaintiffs agreeing to accept an award from the fund in lieu of a case against the cruise line. The advantages are for the company in avoiding jury trials and to the passengers in obtaining a settlement without protracted litigation.

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On January 1, 2011 the Move Over Act was made the law of New York State. Although the statute has been in effect since January 1, 2011, many motorists are unaware of its existence. The Act requires that motorists who observe emergency vehicles with their lights flashing on the side of a highway must reduce their speed and drive with “due care.” If the driver is on a highway with multiple lanes, he or she must pull the vehicle one lane to the left to avoid the possibility of endangering the safety of the emergency personnel.

For those of you not aware of the Move Over Act, beware, for it has now been expanded to include tow trucks and maintenance vehicles with flashing amber lights, as well as other vehicles assisting motorists at the side of the roadway.

The Act was instituted in response to several cases over the last ten years in which emergency personnel and police officers were either killed or suffered severe injuries due to motorists following too closely or too fast in proximity to responding emergency personnel or officers. The official title of the statute is the Ambrose-Searles Move Over Act, named after New York State Trooper Robert W. Ambrose and Onondaga County Sheriff Glenn M. Searles who were killed in the line of duty while they were responding to emergencies on the roadway. In the case of Trooper Searles, this occurred in nearby Yonkers, New York when Ambrose was struck and killed by a motorist while preparing an accident report on the New York State Thruway.

More recently, in November of 2011, a tow truck operator was struck by a passing vehicle and killed while he was assisting a disabled vehicle near Syracuse, New York. Undoubtedly, this tragic fatal car accident was an impetus for the expansion of the scope of the regulation. Two weeks ago, in Peekskill, New York a motorist was charged with a violation of the law and other traffic infractions when his vehicle struck and injured a Westchester County police officer who was involved in a traffic stop on Route 9 in Croton on Hudson.

According to the National Law Enforcement Officers Memorial Fund, since 1999, more than 160 law enforcement officials have been killed as a result of being struck while assisting in roadway incidents. A violation of the Move Over Act results in a $275.00 fine and a two point assessment on the motorists’ driver’s license.

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According to Mayor Michael Bloomberg, New York City set a new record in 2011 for the fewest fatal traffic accidents in the last 100 years. There were 237 deaths in 2011, a reduction from the 267 who were killed in 2010, which was the previous record for fewest fatalities on New York City streets. This is also a huge drop from ten years ago, when there were approximately 430 fatal traffic accidents in the city.

The New York City Transportation Commissioner attributes the significant reduction in deaths to numerous measures that the City has implemented over the last five years, including reconfigured streets with pedestrian plazas (particularly noticeable around Herald Square and Time Square); crosswalks with timer signals, and bicycle lanes. Particularly in historically dangerous intersections on Delancey Street in Manhattan and Queens Boulevard in Queens, this has had a substantial impact according to NYC statistics, with the installation of countdown signals. In total, 1,100 such signals have been added.

Bicycle fatalities have actually gone up for the last two years, with 21 deaths in 2011, 18 in 2010 and 12 in 2009. However, Mayor Bloomberg claims that bicycle ridership has increased significantly during that span, with NYC installing several hundred miles of bike lanes. Thus, Bloomberg asserts that there has been a per capita decrease in the death rate for bicyclists.

When compared to traffic fatalities in 1970, when there were 944, and the shockingly highest number registered in 1929, when 1,360 people lost their lives in traffic crashes, the 237 in 2011 seems even more impressive. In the beginning of the 20th century, the roads in urban areas were much more congested with pedestrians, trolley cars and horse drawn carriages, in addition to cars, and traffic rules essentially did not exist yet. This was borne out by an amazing 11 minute film recorded in San Francisco one week prior to the Great Earthquake on 1906, which was broadcast on CBS’ “Sixty Minutes” earlier this year. What I found truly amazing about this film was the utter lack of fear of injury by pedestrians, who proceeded to walk right in front of cars, trolley cars, and carriages, the non-existence of traffic “rules of the road”, (such as yielding the right of way!), and the vehicles moving in all possible directions at all times!

New York City Police Commissioner Kelly noted that the improved safety on New York City streets is also due to the more than one million traffic tickets issued this year. There were 164,000 for not wearing a seat belt; 161,000 for texting or speaking on a cell phone while driving, and 127,000 for driving past a stop sign. Additionally, there were 8,500 DWI arrests in the city in 2011, which led to 900 vehicles being confiscated from those convicted of these charges.

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In a very important decision for the safety of bus passengers, the New York Court of Appeals recently held in the case of Doomes v. Best Transit Corp. that a bus company could be found responsible for a failure to install passenger seat belts. Under New York State statutes, there is no specific requirement that passenger buses be equipped with seat belts. However, the Court determined that by common law (not statutory but by decisions over the years) a jury could find that an owner or manufacturer of a bus could be responsible for injuries from an accident due to a lack of seat belts.

The plaintiffs in Doomes were injured when the bus drove off the highway after the bus driver fell asleep. Clearly, the bus driver was at least partially responsible for the accident, but the jury decided that many of the passengers’ injuries would have been averted if the bus had been equipped with passenger seat belts (the driver did have a seat belt).

The defense attempted to argue that federal law, which does not specifically mandate passenger seat belts in buses) preempted the state jury’s decision in Doomes. In fact, the dissent argued that The National Highway Traffic Safety Administration (NHTSA) made a “conscious decision” that seat belts in buses were unnecessary due to their “size and function.” Thus, the dissent contended that the field of bus safety was in fact regulated by federal law, leaving no room for a contrary decision by a state court jury. However, the Court of Appeals noted that a clause in the federal regulation (known as a “savings clause”) “did not expressly prohibit plaintiffs’ seat belt claims.”

The Court did reject another claim by plaintiffs as to the “weight balance” of the bus, in which the plaintiffs argued that the negligent design and manufacture of the chassis affected the weight balance, leading to the rollover. In that regard, the Court ruled that plaintiffs’ arguments were speculative and not supported by sufficient evidence.

The Doomes decision is one more example of the best news for the safety of New York accident victims in 25 years—the ascendancy to Chief Judge of the Court Of Appeals of Jonathan Lippman in February of 2009. Justice Lippman, who has shown in his almost three year tenure that when the evidence warrants same, he is truly dedicated to the rights of those injured through the negligence of others, despite the large scale and well financed efforts of automobile liability insurance companies, hospital CEO’s, and large corporations to fight these efforts at every turn.

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Earlier this month, 12 former NFL players who played in the late 1990’s and early 2000’s instituted a class action lawsuit in the U.S. District Court of New Jersey, contending that the league failed to inform players of the risks and side effects of the pain killer (and blood thinner) Toradol. Ex-players including Joe Horn, Matt Joyce and Scott Dragos would be given injections of Toradol to numb the pain from injuries suffered during games in order to get them back on the field quickly. The suit indicates that Toradol would mask traumatic brain injuries with long term effects, including concussions, which have led these ex-players to suffer from numerous health problems since their retirement from the league.

When a player suffers a “stinger”, (Concussion in NFL lingo), trainers often conduct a cursory examination including a quick memory test, check of reflexes and coordination, and examine pupil size. If this short examination appears normal, the player is cleared to return to action.

The side effects of a concussion, which is a traumatic brain injury caused by various types of collisions, include:

An altered state of consciousness, such as drowsiness;
Confusion and loss of concentration;
Severe headaches of long term or short term variety;
Mood changes;
Amnesia;
Nausea and vomiting;
Changes in alertness;
Muscle weakness on one or both sides of the body;

Difficulty walking and with balance and coordination.

Nate Jackson, one of the plaintiffs, described in an editorial in the New York Times that when he played for the Denver Broncos, Toradol was often administered to the players prior to a game. The evening before game day, a line of 10-20 players formed to receive their injections. They were told that other than a small risk of internal bleeding, Toradol was safe. It is easy to visualize Jackson’s description of the pressure that he felt from team personnel, including trainers and doctors, to get back on the field as soon as possible or risk being replaced by “spare parts”, as Jackson referred to them. Jackson’s description is compelling: “There was no hesitation, no trepidation, no point at which I felt that taking Toradol was a risk. I trusted our team doctors…they wouldn’t suggest a drug if it was dangerous.”

In the lawsuit, the players accuse the NFL of negligence, fraud, fraudulent concealment, misrepresentation and conspiracy. The 2nd, 3rd and 4th of these charges care essentially the same: that the NFL knew of the specific risks of Toradol, yet chose to not divulge these risks to the players to benefit teams by doing whatever was necessary to keep players off of the disabled list.

The NFL denies that it deceived players and argues that they now make safety a priority, with severe penalties and suspensions for helmet to helmet collisions, for example. Presently, there are numerous lawsuits against the NFL after two dozen players have died from the effects of chronic traumatic encephalopathy (CTE), which is a condition caused by multiple blows to the brain (it used to be known as dementia pugilistica as many boxers suffered from the condition). With CTE, a substance known as “tau” forms on the brain and interferes with cognitive functioning. Former star safety Dave Duerson of the Super Bowl champion Bears and New York Giants was so convinced that he was suffering from CTE that in committing suicide, he purposely shot himself in the chest and requested that the coroner examine his unharmed brain, which examination confirmed the CTE diagnosis.

One of the main reasons that these former players have commenced the Toradol lawsuit, and the other lawsuits claiming undiagnosed CTE, is that the NFL’s health insurance does not cover collision related injuries, so that the ex-players are now left with serious medical problems compounded by major financial difficulties when they have significant medical expenses and can no longer work. Hopefully, this problem will be addressed by the NFL in the near future, as players are faster and bigger than ever and the collisions are likely to lead to an increase in the CTE diagnosis in the future.

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In an analysis of fatal car crashes across the United States for the years 2009 to 2010, the National Highway Traffic Safety Administration (NHTSA) reports that 19 states had an increase in fatalities. However, there were a total of 32,885 traffic deaths in 2010, which was actually a decrease of 2.9% overall from the 33,883 deaths which occurred in 2009. The biggest increase in auto fatalities was seen in Connecticut, where there was an increase of 42% with 224 deaths in 2009 and 319 in 2010. Connecticut officials claim that to form a correct determination, a study should be conducted over a 3-5 year period, because there was a 26% decrease in fatalities from 2008 to 2009 when the economy was at its worst with the onset of the recession.

Other states which had the largest increases in fatalities between 2009 and 2010 were in New Hampshire (16%); Wyoming (16%); Kansas (12%), and Indiana (8.8%). The states with the largest increase in fatal car crashes between 2009 and 2010 were Connecticut, with 95 more deaths, Michigan, with 70 more, Pennsylvania (68 ), Indiana (61) and Ohio with an increase of 58.

Thirty one states, the District of Columbia, and Puerto Rico had reductions in the numbers of traffic deaths between 2009 and 2010. California had the most substantial decrease in fatalities, from 3,090 in 2009 to 2,715 in 2010, which was a 12% decrease. Interestingly, due to the volume of drivers in California as compared to the entire pool of drivers in the United States, California’s 12% drop in deaths accounted for 37% of the national decrease.

California’s 2,715 fatalities were the lowest in the state since 1944, according to the California Office of Traffic Safety. They attribute the substantial decrease to high visibility police enforcement, DWI checkpoints, public awareness programs, safer vehicles, improved road design, quicker EMS response and their statewide safety plan.

Deaths due to DWI decreased 4.9% nationwide in 2010 from 2009. There were 10,228 fatalities in 2010, which accounted for 31% of the overall nationwide deaths, a slight decrease from the 32% in 2009 when there were 10,759 alcohol related deaths in the United States.

Here in New York, the NHTSA study shows that there were 1,158 fatalities in 2009 and 1,200 in 2010, a 3.6% increase. Alcohol accounted for 318 deaths in 2009 and 364 in 2010, so that there was an increase from 27% to 30% of alcohol being the causative factors in road fatalities between 2009 and 2010 in New York.

From 2000 through 2010, fatal car accidents decreased in 47 states and Washington D.C., and increased in Delaware, Connecticut and Hawaii.

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On December 14, 2011, 41 year old advertising executive Suzanne Hart was tragically killed in an elevator accident at 285 Madison Avenue in Manhattan. Apparently, as Ms. Hart was stepping into the elevator, the car suddenly accelerated upward with the door still open, pinning her along the wall between the first and second floors of the building. The horrific accident was witnessed by two other occupants in the elevator who were helpless to prevent the accident, as it happened before either person could reach the stop button inside the elevator.

There are approximately 60,000 elevators in New York City, and according to a December 15, 2011 article by Cara Buckley and Andy Newman in the New York Times, there were 53 reported accidents last year, of which 3 were fatal. ConsumerWatch.com reports that fatal elevator accidents are very rare, with approximately 27 people killed annually in elevator related incidents based upon data from the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission (CPSC). Ironically, considering the rarity of fatalities in elevators, Ms. Hart’s death comes only one week after a 48 year old California State University employee Annette Lujan was killed when she attempted to escape a stuck elevator and the elevator suddenly dropped.

In the Hart case, New York City investigators have determined that the 13 elevators in the twenty eight story, 85 year old building had at least 14 open violations, although allegedly none were safety related. Further, inspection records reportedly reveal 56 violations dating back to 2001, of which 34 were for “failure to maintain elevators.” Apparently, Manhattan Borough President Scott Stringer has been requesting more stringent scrutiny of the elevators at 285 Madison Avenue for several years, and he noted: “I’m very concerned that over a 12 month period, this building received ‘unsatisfactory’ four times on inspections to their elevators.”
Further investigation has uncovered that the building’s elevators were serviced by Transel Elevator Inc., who had last conducted a full inspection of the particular elevator in question in June of 2011, finding no safety issues with the elevators, according to New York City Building Department spokesman Tony Sclafani. Interestingly, however, Transel wrote a report in December of 2010 in which it described the elevators at 285 Madison Avenue as “unsatisfactory.” According to the International Business Times on December 15, 2011, Transel’s representative refused to give details as to the basis for the “unsatisfactory” rating. Scott Stringer noted that it was unclear if the unsatisfactory rating was “for a missing light bulb in the elevator” or “was there real structural damage which caused this horrific accident?”

Most recently, Fox New York is reporting that the elevator in question was being worked on by Transel mechanics within hours of the accident. If this proves to be true, there are two likely causes for the fatal accident. First, there could be human error. Second, there could be a faulty relay on the elevator controller. Typically, elevator mechanics inspect elevators by riding the elevators for 15 to 20 minutes, up and down, and stopping at various floors. They check the door operation by placing their hands in front of the doors to ensure that they immediately return to the open position.

According to Patrick Carrajat, an elevator expert retained to investigate this accident, the NY State Building Code requires that elevators be inspected 5 times over a two year period. However, due to budgetary constraints, presently elevators are not inspected more than once annually in New York State. New York, unlike many other states such as Connecticut, Florida, and Massachusetts, does not require that elevator inspectors be licensed. Further, it was only in the last year that New York mandated that elevator inspections be independently witnessed. Previously, the elevator inspections could be conducted by the same companies that were maintaining the elevators, obviously leading to question marks as to their objectivity.

We will report further on this fatal elevator accident as more information is released by the Department of Building and other investigative agencies.

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