After a freak accident that took the life of 30-year-old Manhattan resident Samuel Waisbren on August 22, the victim’s family intends on filing a lawsuit for wrongful death, court documents reveal. The papers, filed on Friday at the local Supreme Court, call for the preservation of all evidence related to the incident.
This includes camera footage, as well as all maintenance, service and inspection records leading up to the shocking event, which took place in the 23-floor Kips Bay luxury apartment building. The owners and members of management were requested to safeguard relevant material for the case.
While attempting to enter the lobby of his Manhattan apartment building, Samuel Waisbren ended up trapped between the elevator and wall of the shaft. Six other passengers accompanied the victim in the elevator, all of whom escaped unharmed before the mechanism keeping the elevator in place gave way, causing it to plummet to the ground.
The victim’s father, Charles Waisbren, and his uncle, Benjamin Waisbren, partnered with a local firm to seek justice for their lost loved one. The aim is to investigate and settle a claim for the costs associated with Samuel Waisbren’s wrongful death. For this purpose, the family members are seeking specific information that can aid in the case.
This includes identifying details of related parties that will assist in the structuring of an enquiry. In these situations, a wrongful death attorney can provide the necessary assistance to obtain compensation including lost income or work benefits and loss of inheritance.
The Department of Buildings and local Department of Investigation are both seeking answers to why the elevator was allowed to continue operating in such a poor state. According to the apartment’s records, the maladjusted elevator received its most recent check from the city five months earlier in March.
But in August, just a few weeks prior to the incident, a local maintenance company also performed an inspection. Interestingly enough, another elevator in the same apartment building failed its inspection in May. It was found that the mechanism ensuring the proper functioning of the elevator door from floor to floor was defective.
That problem was repaired by management later in August. However, the fines related to the issue are yet to be paid. Charles Waisbren told the Daily News that Sam had expressed his concerns about problems with the elevator in the past. It becomes clear that negligent practices by management might play a major role here.
The devastated father pointed out that the least New York could do for its citizens in exchange for such exorbitant rent prices, is to provide adequate safety. He further expressed his remorse to The News, going on to say that moving forward is difficult when something so big is no longer part of your life.
Samuel Waisbren was laid to rest last week in his hometown of Fox Point, around 10 miles away from Milwaukee. With sufficient evidence, public support and a competent attorney, rest-assured the family will obtain justice for this horrific incident. For now, we can only wait and see what happens next.