Injured student

[jsglow]

Yes, he was sober.  He was simply throwing his garbage out as the open dumpster was directly below his balcony.  Might have been a little lean just so he could see his target.  Railing failed and he fell.  No more to the story than that.

I continue to hear positive news but my last report was about 24 hours ago.

[PuertoRicanNightmare]

Is this the building on the northwest corner?

[Jay Bee]

I can't say any more than that without violating HIPPAA and FERPA laws. 

Not sure what "HIPPAA" is, but I'm confident you could type more. 

From a legal standpoint, if I'm the bad guy I'd probably assert that people shouldn't be throwing trash from high off a balcony.. but, a horrible story and I hope dude recovers.

[jsglow]

Not sure what "HIPPAA" is, but I'm confident you could type more. 

From a legal standpoint, if I'm the bad guy I'd probably assert that people shouldn't be throwing trash from high off a balcony.. but, a horrible story and I hope dude recovers.

As I said earlier, I only hope that our neighborhood landlords take seriously their responsibility for building safety.  Again, all that matters right now is that the young man gets healthy.  When I know more and am in a position to share an update, I'll happily keep you guys in the loop.  Prayers necessarily continue, please.

[Benny B]

Senior university administrators are plenty upset.  Let's hope serious pressure is brought to bear on the mayor's office to fully enforce building codes.  JSOnline indicated that representatives of the ownership group claimed that 'minor violations' had been noted (and reportedly corrected) earlier.  Sorry, not nearly well enough.

I hope some top notch Marquette PI attorney puts the 'fear of God' into every apartment owner who rents to our kids.  We understand that they'll always be college apartments . . . just make sure they are SAFE college apartments.   

Full disclosure --- in a previous job I investigated injuries and deaths at student housing facilities on behalf of insurance underwriters.

In my experience, the vast majority -- and I'm talking >90% of the time -- the injured or decedent was intoxicated (i.e. over 0.08 BAC), and alcohol was deemed to be the primary contributing factor.

Of accidents involving a building or code violation (known or not):
1) two-thirds would have likely occurred even if no violation had existed.
2) resident activity (or negligence) accounts for half of all building/code violations, e.g. misuse of electrical circuits, furniture placed in front of egress points, makeshift balconies (the last of which occurs more often than it should).

Very few accidents -- around 1% -- involve a known building or code violation (i.e. something the landlord was aware of but failed to correct) that directly contributed to the injury or death.

In other words, "cracking down" on landlords for building and code violations will do very little to prevent future accidents.  In my opinion, the best way to reduce the number of injuries and deaths in student housing are to ensure fire/smoke detectors are centrally monitored, remove or completely enclose any "open-air" access points over one story (e.g. balconies, exterior staircases, catwalks, etc.), and fill in swimming pools (not a problem in Wisconsin... huuuuuge liability down south).  While such typically cannot be addressed by municipalities, eventually, insurance companies are just going to stop insuring student housing facilities that don't.

The best way to keep your own child safe in student housing: only lease from landlords who have deep pockets... it shouldn't be a surprise that those with the most to lose typically have the safest facilities.

[jaybilaswho?]

I drove down 15th st friday morning. This is the building that is on the northwest corner of the intersection... immediately south of Kensington.

When i drove by, around 7:35am, there was a MPD squad car parked on the street and one of the City of Milwaukee yellow maintenance van/trucks with two workers taken plywood up that little alley behind the building.

Seemed weird to me that this city workers were there putting plywood up and not the building owners people, or does the city hire out their workforce for jobs like this?

Also seemed weird that a squad car was there and not DPS.

Just not sure how the city comes into it is all.

[warriorchick]

I drove down 15th st friday morning. This is the building that is on the northwest corner of the intersection... immediately south of Kensington.

When i drove by, around 7:35am, there was a MPD squad car parked on the street and one of the City of Milwaukee yellow maintenance van/trucks with two workers taken plywood up that little alley behind the building.

Seemed weird to me that this city workers were there putting plywood up and not the building owners people, or does the city hire out their workforce for jobs like this?

Also seemed weird that a squad car was there and not DPS.

Just not sure how the city comes into it is all.

Um, because the apartment is not on campus?

[Canned Goods n Ammo]

Um, because the apartment is not on campus?

DPS patrols MU's campus and non-campus neighborhood far more than MPD.

Don't know about this specific situation, but they are around a lot more in general.

[warriorchick]

DPS patrols MU's campus and non-campus neighborhood far more than MPD.

Don't know about this specific situation, but they are around a lot more in general.

True, but assuming that JayBilas Who was on his way to work, that was 4-6 hours after the incident. Even if DPS were first on the scene, they likely would have handed this type of matter over to the police by that point. I'd rather have DPS get back to patrolling rather than having them babysit some city workers putting up plywood.

[Canned Goods n Ammo]

True, but assuming that JayBilas Who was on his way to work, that was 4-6 hours after the incident. Even if DPS were first on the scene, they likely would have handed this type of matter over to the police by that point. I'd rather have DPS get back to patrolling rather than having them babysit some city workers putting up plywood.

That's fine, my only point was that off campus housing is routinely patrolled by DPS, and its not uncommon to see them on the scene, even if MPD is there.

[jsglow]

It has now been publicly reported that his condition has been upgraded from critical to satisfactory. 

[cheebs09]

Great to hear. Hopefully everything continues to trend upwards.

[jaybilaswho?]

True, but assuming that JayBilas Who was on his way to work, that was 4-6 hours after the incident. Even if DPS were first on the scene, they likely would have handed this type of matter over to the police by that point. I'd rather have DPS get back to patrolling rather than having them babysit some city workers putting up plywood.

Even still, I am more curiuos about why city workers were doing this work. That is a building, presumably, owned by a private owner and not the city.

[🏀]

Even still, I am more curiuos about why city workers were doing this work. That is a building, presumably, owned by a private owner and not the city.

I'm assuming if there has been code violations and now a serious injury, the Building Inspectors deemed the situation action worthy as a public safety issue.. They'll backcharge any costs to the landlord, which will be ridiculously marked up.

[Canned Goods n Ammo]

I'm assuming if there has been code violations and now a serious injury, the Building Inspectors deemed the situation action worthy as a public safety issue.. They'll backcharge any costs to the landlord, which will be ridiculously marked up.

+1

I doubt they are going to let the landlord with the alleged violation do his own repair work at this point.

City will do it and send him the bill.

[jsglow]

Word I now have is that the student has (or will shortly) transfer to a rehab facility.  While out of the woods, he has a long road of rehabilitation ahead of him.  Not the way most young people want to spent their summer.  But I'm sure he's happy given what might have happened.

[Goose]

Jsglow
Thanks for update. We need to keep him in our prayers.

[brewcity77]

Word I now have is that the student has (or will shortly) transfer to a rehab facility.  While out of the woods, he has a long road of rehabilitation ahead of him.  Not the way most young people want to spent their summer.  But I'm sure he's happy given what might have happened.

Very glad to hear. Unfortunately, the outcome far too often never gets this far, hoping for the best for this kid.

[wyzgy]

i heard the landlord was on the up and up with regards to building inspections and codes and such.  so the onus went to the city who gave the building passing grades for saftey.  if the city was taking on the repairs, i am thinking it is they who f ##k'd up.  so if there are lawsuits, i am sure the landlord will be forwarding them all to the city. it was probably just a very bad accident.  wrong place/wrong time. glad to hear the student's condition is improving.  could be planning a funeral instead.   

[Benny B]

i heard the landlord was on the up and up with regards to building inspections and codes and such.  so the onus went to the city who gave the building passing grades for saftey.  if the city was taking on the repairs, i am thinking it is they who f ##k'd up.  so if there are lawsuits, i am sure the landlord will be forwarding them all to the city. it was probably just a very bad accident.  wrong place/wrong time. glad to hear the student's condition is improving.  could be planning a funeral instead.   

Unfortunately, I don't think a negligent/incompetent building inspector or city employee is an affirmative defense in Wisconsin (the MUesq.'s may be able to answer this).  Nevertheless, as a landlord you have to maintain a safe and compliant building regardless of what any authority says or doesn't say... assuming the injured party has 0% culpability for his injuries, a passed inspection that should have failed may go a long ways towards minimizing potential punitive damages against the LL, but the LL isn't going to get off the hook completely.

[wyzgy]

there will probably be percentages of liability divided up throughout.  where it falls(no pun intended) who knows, but is a win win for the lawyers.  they will probably go after the deepest pockets/insurance companies cover your arse