Jose Pilarte Bronx: Jose Pilarte Injured In The Bronx Bathroom Floor Collapse Accident While Giving His Daughter Mary Jane A Bath At Fordham Apartment Building On 2076 Creston Avenue
THE BRONX, NEW YORK (December 10, 2019) – Jose Pilarte was injured after falling through a hole in his bathroom after the floor collapsed in his first floor apartment on 2076 Creston Avenue while giving his daughter Mary Jane a bath.
New York State Police are saying that the accident took place around midnight. Jose Pilarte was in the bathroom of his apartment getting ready to give his daughter Mary Jane a bath when the floor collapsed and sent him falling into the basement.
Paramedics were called to the scene in order to help Jose Pilarte and Mary Jane. He was transported to the St. Barnabas Hospital in order to be treated.
The tenants of the apartment unit were forced to evacuate, but the Red Cross is offering assistance to them. The Department of Buildings has issued a violation to the landlord for failing to maintain the apartment complex.
After the bathroom collapse accident, a number of residents have complained about conditions in the building. “We have no hot water, heat. Now I don’t even have gas in my apartment. He’s not taking care of the building. They need to close the whole building down,” said Gwendolyn Utsey, a three year resident at the apartment.
An investigation into Fordham apartment accident that injured Jose Pilarte remains ongoing at this time.
Liability In The Bronx Floor Collapse Accidents
Floor collapse accidents may seem like a freak occurrence, but they are actually fairly common. Many people across the United States are killed or seriously injured after falling through a floor that suddenly gave way. Here are just a few of the most common causes of floor collapse accidents:
- Structural issues with a building can cause floors to become unstable. One of the sure signs that a building has structural issues are bulging walls, leaning walls or floor cracks.
- All floors have weight limits. When these limits are exceeded it could cause a sudden and rapid collapse.
- Damaged wood or rotten wood along with other sub-par building materials regularly lead to collapses. Termites, for example, can destroy the structural integrity of the support beams used to keep a floor in place.
Building owners and landlords have a legal responsibility to take measures to maintain their apartments in a reasonably safe condition. According to New York Pattern Jury Instruction 2:90, a person or entity that is “in control” of a property has a legal obligation “to use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.” An accident may be “reasonably foreseeable” under the following circumstances:
- The landlord / building owner created the dangerous condition that caused the accident.
- The landlord / building owner had “actual notice” of the defect that caused an accident. This happens when the defendant is directly aware of the dangerous condition.
- The landlord / building owner had “constructive notice” of the defect that caused an accident. This means that the landlord should have been aware of a dangerous condition if the defendant was taking good care of the premises.
Victims of floor collapse accidents often suffer from very serious and costly injuries including spinal cord trauma, head trauma, broken bones and PTSD. Any person that is injured in an accident at an apartment complex may have legal recourse through a bodily injury claim. Damages can help cover lost wages, medical bills and pain and suffering. Unfortunately, building owners will often fight vehemently to deny any liability for an accident. A premises liability attorney can investigate your case free of cost and work to get you the financial and medical support that you deserve.
Getting Help After A Bronx Floor Collapse Accident
We at Pulvers, Pulvers & Thompson extend our thoughts and prayers to Jose Pilarte and Mary Jane. The Department of Buildings needs to conduct a thorough investigation so that something similar does not happen down the road. Someone could have easily died from this accident. There needs to be some accountability on the part of the landlord and building owner.
Have you or someone that you care about been injured in a floor collapse accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights and that those rights are being protected. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at 212-471-5106.