Victim Killed at Kips Bay Luxury Apartments
The family of a 30-year-old New York man says they will file a lawsuit, seeking compensation for the Manhattan man’s accidental death on August 22, 2019. The victim, Samuel Waisbren, a native of the Milwaukee, Wisconsin area, lived at the Kips Bay apartment building, on Third Avenue in Manhattan.
According to police reports, Waisbren was in the elevator with six other passengers at the time of the accident. The others departed the elevator without incident just before it suddenly dropped, pinning Waisbren between the elevator and the shaft wall.
Other residents at the luxury apartments say there had been problems with the elevators for months. One neighbor told reporters that the elevator had a history of breaking down, that the owners were continually having it serviced, or replacing parts. City records show that, at the time of the accident, the building had an unresolved code violation related to the elevator, indicating that a component of the elevator had been tampered with and was inoperative. The city fined the property owners, but it apparently wasn’t enough for them to remedy the problem.
In New York, as in other states, the owner or controller of residential or commercial property has a duty to monitor and maintain the premises in such a way as to minimize the risk of injury to persons on the property. That duty includes a requirement to remedy all dangers about which the owner knows or should reasonably know.
Mr. Waisbren’s father and brother have indicated that there are seeking maintenance and inspection records for the elevator.
Contact Attorney Howard D. Popper
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