Line-of-Duty Injuries

Decolator, Cohen & DiPrisco, LLP, is dedicated to representing members of the service who are exposed to the unnecessary dangerous work conditions caused by the negligence and omissions by the City of New York. The following is a list of line-of-duty unsafe work condition accidents DCD has undertaken or is presently litigating on behalf of members of the service.

 

  1. STATION HOUSE/COMMAND

 

  1. Exterior Staircase
  • $3,000,000.00 settlement for two Officers’ injured after an exterior staircase railing collapsed causing the Officers’ injuries.
  • $65,000 settlement for Officer injured after falling down vestibule steps which were covered by cardboard “mats” placed on steps to prevent snow from accumulating.
  1. Interior Staircase
  • $75,000 settlement on a case involving broken and defective steps where Officer fell and sustained a shoulder injury necessitating surgery.
  • $13,500 settlement on a case involving an Officer twisting his ankle when he fell on a broken step inside a Bronx command.
  • $75,000 settlement for Officer injured after falling on debris left on interior staircase of station house.
  • $475,000 settlement for Officer injured on a poorly designed circular staircase in a public building.
  • $125,000 settlement for a Lieutenant severely injured as a result of falling in a station house staircase which had inadequate lighting.
  • Litigation pending on a case involving an Officer injured as a result of falling on cracked steps in a station house staircase.
  1. Hallways
  • $75,000 settlement on a case in which an Officer sustained a serious injury to her shoulder necessitating surgery when she tripped on a ladder left in the basement hallway of a precinct due to inadequate lighting.
  • $125,000 settlement for Lieutenant injured when he slipped on a recently mopped hallway floor in station house. The custodian failed to place caution signs indicating the hallway floor was wet.
  1. Offices
  • $250,000 settlement from City of New York for Officer injured after tripping on a box of computer paper left near doorway while entering muster room.
  • $2,600,000 jury verdict for an Officer who seriously injured her shooting hand when a previously disposed, defective file cabinet malfunctionedcausing the file cabinet to topple over. Matter settled for $1.5 million prior to appeal.
  • $150,000 settlement for an Officer injured after tripping on broken floor tiles in an office at headquarters.
  • $450,000 settlement on a case involving an Officer injured after tripping on broken tiles in a Transit District office.
  • $35,000 for an Officer who slipped on paper left on a command staircase.
  • Litigation pending on a case involving an Officer injured when a paper cutter fell from the top of a filing cabinet.
  1. Locker Room
  • $750,000 settlement for an Officer injured after he slipped on water on the locker room floor in a station house. The overhead pipe was leaking for an extended period of time.
  • $900,000 settlement on a case involving an Officer injured after a broken locker collapsed on the Officer.
  • $85,000 settlement on a case involving a Sergeant injured after slipping on water stemming from a ceiling leak in a Housing command.
  • $20,000 settlement for Officer who sprained her knee when she tripped on an exposed extension cord when she entered the locker room.
  1. Gym
  • $50,000 settlement for an Officer injured as a result of being injured from defective gym equipment in the station house gym.
  1. Bathroom
  • $85,000 settlement on a case involving an Officer who was injured after slipping on water in a station house bathroom. The water emanated from a broken water pipe in the ceiling above the bathroom.
  • $700,000 settlement on a case involving an Officer severely injured after a sliding window collapsed in a second floor bathroom in a Mounted Unit Command.
  1. Parking Lot
  • Litigation pending on several cases involving members of the service falling in holes in station house parking lots.
  • $1,000,000 settlement for a Deputy Inspector who injured her foot necessitating multiple surgeries when she tripped on a cracked gas filler pipe in a station house parking lot.
  • $20,000 settlement for Officer who broke her wrist falling in an improperly plowed station house parking lot.
  • $750,000 settlement on a cases involving a Lieutenant falling on ice in station house parking lots after the City failed to adequately make the parking lots safe.
  1. Desk
  • $45,000 settlement for an Officer who suffered minor hearing loss when the station house alarm malfunctioned while the Officer was behind the desk.
  • $60,000 settlement for an Officer who re-aggravated a back injury when he slipped on motor oil left by a motorcycle parked inside the command.
  1. Range
  • 1.5 million dollar settlement for a Manhattan North Police Officer who was injured after being struck by shrapnel which ricocheted off a target stand.
  • $20,000 settlement for an Officer who received a laceration after being struck by ricochet shrapnel while qualifying at the range.
  • $75,000 settlement for an Officer injured after tripping on broken pavement at the Rodman’s Neck Range.
  1. Jail Cell Door
  • $1,000,000 settlement for an Officer injured after he attempted to close a jail cell door which was broken. The cell door reverberated back into the officer causing a serious neck injury.
  1. Barrier Removal
  • $200,000 settlement for an Officer injured after removing Police Department barriers. The Officer injured her shoulder as result of participating in an unsafe work condition.
  1. Training Area
  • Litigation pending on a case involving an Officer severely injured after attempting to leave the abandoned 2nd Avenue subway tunnel, inadvertently exited through a door which had no floor.
  1. DEFECTIVE AND INADEQUATE EQUIPMENT/DEFECTIVE DESIGN
  • $1.5 million dollar settlement for a Manhattan North Police Officer who was injured after being struck by shrapnel which ricocheted off a target stand.
  • $20,000 settlement for an Officer who received a laceration after being struck by ricochet shrapnel while qualifying at the range.
  • $15,000 settlement on a case involving an Officer who was injured during a training session at Floyd Bennett Field when she was shot by a fellow officer with a simulated round in the back of her head. The Officer suffered a concussion when the protective gear she was wearing offered no protection to the back of her head.
  • $30,000 settlement for a Sergeant when received a dog bite from a NYPD canine who possessed vicious propensities.

RMP’S

Improperly situated odometer

  • $4,000,000 for Officer seriously injured when his head struck an improperly placed odometer during an RMP accident.

Unpadded computer  

  • $150,000 for an Officer injured when her knee struck an unpadded computer console during an RMP accident.

No side view mirrors

  • $600,000 settlement for Sergeant injured in an RMP accident when the operator of the vehicle, driving without sideview mirrors, lost control of the RMP causing a one-car accident.

No power steering fluid

  • $275,000 for an Officer who was injured when the RMP lost its power steering fluid causing the Officer to seriously injure her wrists while making a left hand turn.

Brake failure

  • 1.5 million dollar settlement for an Officer injured when the brakes of her RMP locked while responding to an emergency.
  • $60,000 settlement on a case involving an Officer who was injured when the brakes of an RMP failed causing a one-car accident.

No rabbit ears

  • $15,000 settlement on a case involving Officers who were injured while responding to an accident scene on a highway without having “rabbit ears”in the RMP. The vehicle was rear-ended at a high rate of speed when the motorist failed to see the RMP.

Inadequate tire pressure

  • $20,000 settlement for each on a case where two Officers were injured when the operator lost control of the RMP in inclement weather due to inadequate tire pressure.

Cracked radiator hose

  • $30,000 settlement on a case involving an Officer being injured when he received serious burns when the RMP’s radiator hose cracked.

Defective stop on internal van door

  • $92,000 settlement for Officer injured after an internal sliding door slammed shut on Officer’s finger. The stop safety mechanism failed causing the Officer to suffer an injury to his finger.

Carbon Monoxide Leak

  • $9,000 each for two Officers treated in the Emergency Room when they were overcome by carbon monoxide while they were sitting in an RMP.

III. DEFECTIVE SIDEWALKS/CURBS

  • $125,000 settlement for a Captain injured after tripping on a defective cracked sidewalk.
  • $80,000 settlement for an Officer injured after tripping on a defective and raised sidewalk.
  • $75,000 settlement for an Officer injured after falling on a broken curb.
  • $150,000 settlement for an Officer injured as a result of raised sidewalk in front of commercial store.
  • $700,000 settlement for Officer injured as a result of falling on a broken curb.
  1. CITY CONDEMNED BUILDING
  • $250,000 settlement for an Officer injured after tripping inside building previously condemned and owned by the City. The City failed to properly secure the vacant building.
  1. VACANT LOT
  • $125,000 settlement for an Officer injured after falling on debris in a City owned vacant lot after it was established the City failed to secure the lot.
  1. CITY COURTHOUSE
  • $200,000 settlement for an Officer who fell down an exterior staircase at New York Criminal Court. The fall was attributed to the center hand rail being previously removed.

VII. MEDICAL DISTRICT

  • Litigation pending for an Officer severely injured as a result of the negligence of a doctor employed by the Medical District.

VIII. TRANSIT AUTHORITY

  • $90,000 settlement for an Officer injured after falling down slippery subway steps. The subway steps had ice and snow on them. The Transit Authority failed to adequately make the staircase safe several hours after the snow had stopped.
  • $70,000 settlement for an Officer injured after falling down defective steps leading to the subway. The stairs were in a state of disrepair.
  • $6,000 for an Officer injured after tripping on a broken edge of a subway platform.
  • $17,500 settlement for an Officer injured after chasing a perpetrator and falling on a broken and defective subway grate.
  • $15,000 settlement in a case involving an Officer injured after a perpetrator he was escorting tripped on a broken step while descending from a outside staircase leading from the “A” train. The Officer who was holding his prisoner was dragged down the steps with the prisoner when the prisoner lost his balance on the defective step.
     

  1. PUBLIC HOUSING
  • $475,000 settlement on a case in which an Officer suffered a knee injury when he fell down a circular staircase. An architect determined the staircase did not conform to code and the unlawful nature of the staircase lead to the Officer’s fall.
  • $30,000 settlement on a case in which an Officer severed a finger when he fell while chasing a perpetrator and his ring got caught on a bent rusted spike situated on top of a Housing Authority fence.
  • Litigation pending on a case in which an Officer injured her knee when she fell down a flight of steps after tripping on known broken steps inside the PSA.
  • $25,000 settlement for an Officer injured as a result of falling in a staircase on liquids left in a public housing building.
  1. DEFECTIVE ROADWAY
  • 1.4 million dollar settlement for an Officer severely injured after falling down a defective sewer drainage grate.
  • 1.2 million dollar settlement for a Sergeant severely injured after tripping on a depressed plumber’s cut in the roadway.
  • $500,00 settlement for Highway Officer who severely injured his wrist after his motorcycle hit a depression in the road caused by negligent construction.
  • Litigation pending for an Officer injured after tripping on an uneven bus apron.
  • Litigation pending for an Officer severely injured after tripping on a depressed plumber’s cut in the roadway.
  1. SCHOOLS
  • Litigation pending in a case in which an Officer fell in a City school due to worn out defective steps.
  • $25,000 settlement in a case in which a school safety Officer fell in a City school due to defective steps.

 

MOTOR VEHICLE ACCIDENTS

  1. CITY/RECKLESSNESS
  • $1,085,000 settlement for a Manhattan South Officer who was injured when his partner proceeded in the opposite lanes of traffic causing a collision with a civilian motorist.
  • $1,000,000.00 settlement for a Manhattan North Officer who was injured when his RMP collided with another RMP who proceeded through a steady red light while responding to a 10-13.
  • $750,000 for Queens South Officer injured as a result of an RMP intersection accident with a civilian auto when the City failed to properly design and position the light stanchions.
  • $715,000 for Officer injured after his RMP struck a raised manhole cover.
  • $350,00 settlement for Officer injured after the airbags of her RMP did not deploy.
  • $750,000 settlement for Officer injured after his partner drove the RMP through a steady red light causing accident.
  • Litigation pending in several cases in which Officers were severely injured after police vehicles went through steady red lights striking the Officers’ RMP.
  1. PRIVATE
  • $1,000,000 arbitration award for state trooper injured after being rear-ended on the Whitestone Bridge.
  • $850,000 settlement for Officer injured after being struck from behind by a leased vehicle while responding to a highway accident..
  • $315,000 settlement for Officer injured after being struck by a light pole. The pole had been previously struck by a Daily News Truck.
  • Numerous settled cases of motor vehicle accidents in which Officers received maximum insurance limits.
  • $750,000 settlement for Officer injured by civilian motorist while en route to an emergency run.
  • Litigation pending in several cases in which Officers’ were injured in motor vehicle accidents where the civilian motorists failed to yield to an emergency vehicle.
  • $225,000 for Officer injured his shoulder in a line-of-duty accident caused by a civilian motorist.

III. STOLEN VEHICLES AND SUM COVERAGE

  • $87,500 settlement from Officer's personal auto insurance SUM coverage who was injured by perp when perp assaulted Officer with stolen vehicle.
  • $66,000 settlement from Sergeant's personal auto insurance SUM coverage when perp assaulted Sergeant with a stolen vehicle causing Sergeant to sustain a serious injury.
  1. PULLING MOTORIST'S OUT OF VEHICLES
  • $25,000 maximum auto insurance recovery for Officer who injured his shoulder while wrestling with perpetrator in vehicle.
  1. OFF-DUTY ACCIDENTS
  • Litigation pending in several cases in which Officers’ were injured in off-duty motor vehicle accidents where the civilian motorists were negligent in its operation.
  1. RETIRED MEMBERS OF THE SERVICE
  • $100,000 for retired Detective after injuring his knee in a motor vehicle accident.
  • $475,000 for retired Detective after being struck by a motor vehicle while he was walking his dog.
  • $75,000 settlement for a retired Police Officer injured in a motor vehicle accident.
  • $165,000 settlement for a retired Police Officer injured in a motor vehicle accident.

VII. FAMILY

  • $100,000 for father of Police Officer injured in a motor vehicle accident.
  • $500,000 for sister of Police Officer injured in a motor vehicle accident.
  • $735,000 settlement for a son of a Police Officer who was assaulted by a group of adolescents.
  • $20,000 for sister of Police Officer who fractured her foot after slipping on ice in front of her co-op.
  • $52,500 for sister of Police Officer who injured her hand in an automobile accident.
  • $100,000 for wife of Police Officer injured in an automobile accident.

Decolator, Cohen & DiPrisco, LLP is also dedicated to protecting members of the service who are wrongly exposed to the daily dangers caused by the negligence of private landowners and corporations. The following is a sampling of line-of-duty accidents DCD has undertaken or is presently litigating on behalf of members of the service involving private concerns.

  1. APARTMENT BUILDINGS
  • $400,000 settlement for an Officer who reinjured his back while rescuing tenants from a fire. The superintendent failed to remove a sofa from a hallway. The sofa caught fire and the fire spread throughout the apartment building.
  • $87,500 settlement for an Officer who was injured in the lobby of an apartment building when the building owner failed to fix the locks to the entrance thereby allowing perpetrators inside the building. During a buy and bust operation, one of the perps broke the Officer’s arm with a baseball bat.
  • $550,000 settlement for an Officer injured while chasing a perpetrator inside an abandoned Church building. Although the lower levels of the vacant building were secure, the Archdiocese failed to remove scaffolding on the second floor, allowing perpetrators to enter the building. The Officer fell through a hole in the building and injured his shoulder.
  • $300,000 settlement for an Officer injured after he fell down a flight of defective steps in an apartment building.
  • $75,000 settlement in a case involving an Officer injured after slipping and falling down a flight of steps in an apartment building when rain water from a defective window pane ended up on the landing causing the Officer to slip and fall.
  • $12,000 for an upstate Police Officer injured after chasing a perpetrator and exiting a trailer home with no steps.
  • Litigation pending in a case involving an Officer injured after falling down a flight of defective and worn steps.
  1. UTILITIES
  • $601,000 settlement after a liability verdict for a Detective who was injured when a utility company contractor left a manhole cover open causing the Detective to fall in the hole during a car stop.
  • $250,000 settlement for an Officer injured when he fell on a plumber’s cut in a roadway made by Brooklyn Union Gas. The roadway was not properly repaired by Brooklyn Union Gas and the defective condition caused the Officer to fall and injure his knee.
  • $125,000 settlement in a case involving a Police Officer being injured after he tripped on an uneven manhole cover maintained by Con Ed. Utility companies are responsible for maintaining the area surrounding the manhole cover. The Officer suffered a knee injury.

III. HOTEL

  • $225,000 settlement for a Detective injured after tripping on an uneven lip of a door entrance in a staircase of a hotel. The Detective also claimed that inadequate lighting contributed to his fall and contributed to his knee injury.
  1. STORE OWNERS
  • $475,000 settlement for an Officer injured in an RMP accident when a employee for a gasoline station made a false 911 call. The false call lead the Officer and his partner on an emergency radio run. The operator had an accident which injured the Officer. Ultimately, the store owner was responsible for the Officer’s injuries.
  • $150,000 settlement for an Officer injured after tripping over full garbage bags left in front of a bagel store. The store owner was responsible for the Officer’s injuries because the garbage bags were unlawfully left in front of the store.
  • $250,000 for an Officer injured after his RMP skidded on Armor-All left in the street by a carwash. The Officer exacerbated a prior neck injury.
  1. LANDOWNERS
  • $200,000 for an Officer injured after tripping on debris in a privately owned lot. The owner of the lot did not secure it and the Officer, while chasing a perpetrator, fell and injured his knee.
  • $40,000 settlement for Officer injured after falling down in the basement of a pizzeria when he slipped on olive oil. The Officer was investigating a burglary when he fell and injured his knee.
  • $37,500 settlement for Officer injured after falling down a staircase while investigating a burglary. The Officer fell due to inadequate lighting at the location.
  1. PROPERTY OWNER
  • Litigation pending on a case involving an Officer being injured when he fell in a house which was in the midst of extensive renovations. The Officer fell through a hole in the floor on the 2nd floor while responding to a radio run.
  • $22,500 settlement for a Sergeant who sprained her knee while responding to a domestic job. The Sergeant slipped on a walkway in front of a residence. The sidewalk had been recently shoveled to clear snow and ice. The Sergeant slipped on the sidewalk which was inadequately shoveled.
  • Litigation pending in a case involving an Officer responding to a domestic radio run and fell in the backyard after the homeowner failed to adequately shovel ice and snow from the backyard and the deck.
  • $60,000 settlement for Officer injured after suffering a concussion and cervical injuries after striking his head in a building cellar due to a code violation.
  • Litigation pending in a case involving an Officer chasing a perpetrator and falling through the roof of a detached garage.
  • Litigation pending in a case involving a Sergeant being injured after fire escape steps broke due to rust.

VII. CONSTRUCTION

  • $30,000 settlement involving a case in which an Officer was injured by a scaffolding which was not properly secured.
  • Litigation pending involving a Lieutenant who was forced to retire after being struck by scaffolding not properly secured.
  • $50,000 settlement in a case involving an Officer tripping on construction material causing a serious injury.

VIII. ASSAULT

  1. CITY
  • Litigation pending in a case which an Officer was severely injured after being assaulted by another member of the service.
  1. PRIVATE
  • Multiple other cases involving Officers’ being injured as a result of being assaulted by members of the public.
  • $237,000 settlement for an Officer who was injured by an EDP.


(Note: It is difficult to recover damages in “assault” type of cases unless it is demonstrated that the civilian has assets or is in possession of an insurance policy which covers the underlying conduct.)

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