A casual walk, a trip to the corner store, or a pedestrian commute to work can unfortunately end in physical injury. Trips, slips, and falls on sidewalks occur every day along the busy walkways of New York City. For those hurt after a fall, seeking financial compensation for their injuries is essential.
If you fell on a broken sidewalk, you may want to seek assistance with your personal injury claim. Pursuing a damages award in a premises liability case can be challenging, but assistance from a skilled New York City slip and fall lawyer can provide you with the guidance and support you need.
As a person wanders the bustling boulevards and streets, they may not be wondering who owns the sidewalk they are walking along. However, if a slip, trip or fall occurs, one question may spring to mind: “Are sidewalks public property in NYC?” The answer is it depends.
Depending on the location of the sidewalk, the sidewalk may be owned by the abutting private property owner, the city, or business on which the sidewalk is located. In any case, the owner must abide by NYC sidewalk law and under the law are responsible for installing, repairing, and maintaining sidewalks adjoining their properties.
Moreover, under NYC Administrative Code Section 7-210, a sidewalk owner must keep the sidewalk in a reasonably safe condition. This includes making repairs and removal of snow, ice, or debris. Failure to do so can result in liability in the event of an injury.
Inadequate sidewalk maintenance is the main reason why these types of accidents occur. Common causes of slip and fall accidents include:
Trip and fall injuries from a broken sidewalk or other dangerous condition can be serious. Being aware and practicing sidewalk safety can be essential to avoiding being hurt in the event you encounter a poorly maintained walkway. If you were hurt, taking steps to secure your injury claim and prove sidewalk liability is crucial.
A sidewalk slip and fall is a type of premises liability case. Under New York sidewalk laws, owners are liable for any injury that occurs as a result of inadequate maintenance of an abutting sidewalk. Like other premises liability cases, the injured party will need to prove that the owner had a responsibility to them and breached that responsibility, causing an injury and damages. Proving causation is vital then in a negligence lawsuit.
Some steps to take after a slip and fall accident include:
It is critical to take steps to secure your claim, proving negligence and the resulting injuries. Working with an experienced lawyer can be beneficial to effectively settling your claim and maximizing compensation.
In the City of New York, owners of a private residence and commercial property abutting a sidewalk are responsible for that section of sidewalk. For sidewalks abutting public property, the city is responsible for sidewalk repair, maintenance, and any injuries that result from a pedestrian falling on sidewalks.
If a person is hurt on a public sidewalk, time is of the essence to make an injury claim against the city. Injured parties must file a notice of claim within 90 days of the incident and file a slip and fall lawsuit within one year and ninety days. Contacting a lawyer early can help you to take the right steps to secure your claim and meet the statute of limitations.
Under the New York City Administrative Code, sidewalks must be free of cracks, holes, ice, snow, and any debris. It is the duty of property owners to maintain and repair the sidewalk abutting their property. Sidewalk defects can result not only in liability for injuries, but also subject the property owner to city ordinance violations. Moreover, if owners would like to install a structure such as a bike rack or bench they need to apply for revocable consent with the NY Department of Transportation.
An experienced attorney can help you through the process of filing a slip and fall claim and pursuing a sidewalk accident compensation. Proving negligent maintenance of the walkway and causation is critical to succeeding in these cases.
Some ways that attorneys can help you after a sidewalk fall include:
Sidewalk accident lawsuits can be complex. Having the support of a seasoned litigator can be essential to receiving fair and just injury compensation.
If you are a sidewalk accident victim, a personal injury lawyer at Gregory Spektor & Associates, P.C. can assist you. Our experienced attorney provides dedicated support, thoroughly investigating your claim, evaluating your damages, and determining property owner liability.
Were you involved in a trip and fall accident? Contact us today for a free case evaluation. Our injury team is ready to assist you.
