Architect killed in NYC due to neglected code violations — city tries to dodge liability, claiming NYC sidewalks are inherently dangerous


Erica Tishman died last year after rubble fell from 729 Seventh Ave. and struck her in the head. The building had several outstanding violations with the Department of Buildings some of which her family’s lawyers say still hadn’t been addressed when the family sued the city and building owner in August for wrongful death and negligence.



According to Daily News, the city Law Department tried to dodge liability in a new Manhattan Supreme Court filing by saying the city streets are known to be dangerous, so people on sidewalks should be prepared for the worst. The city Law Department wrote: "Plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged," as reported by Daily News. The "activity alleged" here refers to walking on a sidewalk.

NYC architect, Erica Tishman, was killed by falling masonry while walking on a sidewalk in midtown Manhattan in December, 2019

Stephen Rex Brown, writing for Daily News goes further: "In other words, the city is saying that by “voluntarily” walking down the sidewalk, Tishman assumed a risk of injury — including a risk that stonework might fall from a building not properly inspected by the city," he writes.

The case is currently pending.

Sean Joyner via Archinect - News https://bit.ly/35mWnfc

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