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On the night of May 19, 2026, Donike Gocaj– a 56-year-old grandmother from Briarcliff Manor– parked her Mercedes-Benz SUV near West 52nd Street and Fifth Avenue in Midtown Manhattan shortly before 11:20 p.m. Moments later, she stepped out of her vehicle and fell nearly 10 feet into an uncovered manhole directly outside the Cartier mansion– one of the most heavily trafficked and surveilled locations in all of New York City. Authorities say steam inside the manhole caused Gocaj to suffer cardiac arrest. She was rushed to NewYork-Presbyterian Hospital, where she was later pronounced dead.
The tragedy has shocked New Yorkers because it happened in plain sight, in one of the most visible areas of Manhattan. But incidents involving uncovered manholes, unsafe street conditions, and neglected public hazards raise serious questions about oversight, accountability, and public safety throughout New York City. Dangerous conditions like these do not appear overnight without warning. Whether caused by utility work, construction activity, negligent maintenance, or failures to properly secure hazardous areas, these conditions can become deadly when the proper precautions are ignored.
For more than three decades, The Law Offices of Michael S. Lamonsoff, PLLC, have fought for New Yorkers and families devastated by catastrophic injuries and wrongful deaths caused by negligence. Attorney Michael “The Bull” Lamonsoff built this firm on one belief: when corporations, property owners, utility companies, or city agencies fail to protect the public, they must be held accountable.
Cases involving open manholes, unsafe sidewalks, dangerous construction zones, and neglected infrastructure are often entirely preventable. Proper warning signs and site security, with safety procedures exist for a reason. Which is to protect innocent people from life-altering harm. When those responsible fail to put the proper measures in place, the consequences can be catastrophic.
Attorney Michael S. Lamonsoff and his team have spent decades standing up to powerful defendants whose negligence endangered the lives of New Yorkers. Through relentless advocacy and aggressive litigation, the firm fights not only to recover compensation for victims and grieving families, but also to force accountability that helps prevent tragedies like this from happening again.
In this blog, we’ll examine what we know so far about Donike Gocaj’s tragic death, who may potentially be held liable, and what New Yorkers should know about the growing dangers associated with open manholes and unsafe street conditions throughout the city.
Here’s What We Know
The maintenance hole cover in question had been displaced and was found lying fifteen feet from the opening. It’s important to note that no construction was underway; there were no warnings or barriers, and her family was left without answers.
The Office of the Chief Medical Examiner determined that Gocaj died of scald burns, inhalational thermal injury, and blunt force trauma to her torso. Con Edison, which operates the manhole, is "actively investigating," and a truck is believed to have dislodged the cover.
Open Manholes Are a Known Danger With Known Consequences
New Yorkers walk past utility holes every single day without a second thought for their safety. But the reality is that uncovered manholes are a documented, recurring hazard on New York City streets. For example:
- New York City's Department of Environmental Protection has received more than 700 service requests for missing manhole covers in 2026 alone, establishing a clear pattern
- A 2022 peer-reviewed study published in PubMed analyzed a decade of data from 2007 to 2017 and found that 388 trauma patients fell into maintenance holes across the United States, with between 20 and 49 victims per year
- One percent of those victims died nationally, while in New York City– the most densely populated city in America– the exposure is exponentially higher and underreported
Who Is Responsible When You Fall Into an Open Manhole?
In New York, liability for manhole-related injuries can fall on multiple parties simultaneously:
Con Edison and Other Utility Companies
- Con Edison owned and operated the manhole where Donike Gocaj died
- Utility companies have a duty to maintain their infrastructure in a safe condition
- If a manhole cover is displaced—for any reason—and the company fails to secure or barricade that opening promptly, they can be held liable for the resulting injuries or deaths
- Con Edison has already acknowledged that a truck likely dislodged the cover. The critical questions now are what Con Edison knew, when they knew it, and whether enough was done quickly enough to protect the public from a deadly hazard
New York City
- The city has a legal obligation to maintain safe streets and sidewalks
- Under New York City Administrative Code § 7-201, the City of New York can be held liable for dangerous conditions on public streets, but only if it had prior written notice of the hazard, or if it created the dangerous condition itself
Third-Party Contractors and Trucking Companies
- If a truck dislodged the manhole cover, as investigators currently believe, the owner of that vehicle and their employer may bear direct responsibility for the death of Donike Gocaj
- Hit-and-run involvement, failure to report a hazard created, and negligent operation of a heavy vehicle are all avenues of liability
Property Owners
- In some cases, property owners adjacent to a hazardous condition may be held responsible, particularly if they had notice of the danger and failed to act
The Legal Standard: Premises Liability and Negligence in New York
Under New York law, a property owner or entity responsible for maintaining a public space owes a duty of reasonable care to all foreseeable users. When that duty is breached, and that breach causes injury or death, the responsible party is liable for damages.
For utility companies like Con Edison, New York courts have consistently held that they must:
- Maintain their infrastructure in a reasonably safe condition
- Promptly respond to known or foreseeable hazards
- Adequately barricade or warn the public of open or dangerous conditions
- Conduct regular inspections of manhole covers and related infrastructure
Failure on any one of these fronts can result in liability. When the failure causes death, the family of the victim has the right to pursue a wrongful death claim under New York Estates, Powers and Trusts Law § 5-4.1. This allows the estate of the deceased to recover for the pecuniary injuries suffered by surviving family members.
Time Limits on Your Claim
In New York, the statute of limitations for a personal injury claim is generally three years from the date of the accident under CPLR § 214. For wrongful death claims, it is two years from the date of death under EPTL § 5-4.1.
However, if your claim involves a city agency or municipal entity, you may be required to file a Notice of Claim within 90 days of the incident under General Municipal Law § 50-e. Miss that window, and you may be permanently barred from suing the City of New York, no matter how clear-cut the liability.
Steps to Take If You or a Loved One Was Injured in a Manhole or Street Hazard Accident
- Call 911: Get emergency medical help on the scene. Your health is the priority.
- Document everything: If you are physically able, photograph the open manhole, the displaced cover, any surrounding conditions, and your injuries. Take a video if you can.
- Get witness information: Names, phone numbers, anything. Witnesses disappear fast in New York City.
- Report it: Notify the NYPD, NYC 311, and the relevant utility company. Get a report number.
- Seek medical treatment immediately: Internal injuries, burns, and trauma often present hours after an incident.
- Do not give statements to insurance companies without a lawyer present: Call The Bull. The sooner you have an attorney on your case, the better. The insurance company can and will use anything you say against you.
Michael The Bull Empowers Victims and Their Families
Donike Gocaj was 56 years old. She was a grandmother who accidentally fell to her death, and her family is left with grief, questions, and a corporate utility company issuing statements about "top priorities." Instead of accountability, her family has received a press release.
At The Law Offices of Michael S. Lamonsoff, PLLC, we've spent over 30 years making sure powerful institutions don't get to write their own endings. Michael "The Bull" Lamonsoff built this firm from a windowless office in 1994 into one of New York City's largest and most decorated personal injury practices—not by accepting press releases as answers, but by taking cases to verdict. We've been named to Super Lawyers six consecutive times and sit on the Board of Directors of the New York State Trial Lawyers Association. We're members of the Million Dollar and Multi-Million Dollar Advocates Forum and have earned recognition in VerdictSearch's Top New York Verdicts, year after year.
If you or someone you love was injured in a manhole accident, a fall from a street defect, or any other dangerous condition caused by a negligent utility company or city agency, call us today to book your free consultation. There are no fees unless we win, and we serve injured New Yorkers across all five boroughs and beyond.
Legal Disclaimer: The information contained in this blog post is provided for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with The Law Offices of Michael S. Lamonsoff, PLLC. Every case is unique, and outcomes depend on the specific facts and applicable law. If you have been injured or have lost a loved one due to negligence, consult with a qualified personal injury attorney regarding your specific situation. Results in prior cases do not guarantee similar outcomes in future matters.
