A Manhattan tourist suffered a fall at High Line Park in the Meat Packing District. The accident caused injuries to the victim’s foot and ankle after he tripped on the boardwalk and fell to the ground.
The celebrated Highline public space was erected above decommissioned train tracks in 2009, and spans from the West 14th Street to West 34th Street off Tenth & Eleventh Avenues along Manhattan’s Westside. A fall at Highline elevation can be induced by a fear of heights, and unfamiliarity with the sidewalk planks.
Plaintiff, Sergei Goregliad, acknowledged that he attempted to pass a crowd of people by trekking off the High Line’s elevated boardwalk. In doing so, Goregliad trapped his foot in a portion of the High Line installation, which caused him to trip and fall on the walkway.
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The pedestrian filed a personal injury lawsuit against the non-profit organization that maintains the park, in the matter titled Goregliad v. Friends of the High Line, Inc, NY Supreme Court, New York County, 152397-2012.
Who is liable for a Fall at Highline park?
Friends of the High Line, Inc. (“FHL”) had park maintenance obligations pursuant to a license agreement it entered into with the New York City Parks Department. The Agreement did not confer lawful possession of the High Line Park to FHL, nor did it confer any other privileges to FHL that would impose a duty of care upon it.
Accordingly, as FHL did not owe a general duty of care to High Line pedistrians to prevent a fall at Highline grounds.
Further, as FHL did launch or erect the instrumentality of harm giving rise to the elevated walkway trip & fall, it was under no obligation to warn pedestrians of any trip & fall danger. Nor was FHL obligated to correct the dangerous condition that did exist.
In fact, FHL’s license agreement with New York City expressly prohibited FHL from modifying the High Line structure to remedy the unsafe condition.
Goregliad’s trip & fall at High Line’s elevated walkway would not be compensated by the community non-profit group.
Hurt in a Fall at High Line Park?
You must act promptly and file a Notice of Claim against the City of New York in order to preserve your claim.
Call our New York sidewalk trip & fall lawyer in New York, Brooklyn Bronx & Queens for a free injury consultation today.