Fall on a New York City Sidewalk, Can I Sue?
Can You Sue NYC for Falling on Sidewalk?
It is the responsibility of property owners to keep their properties in such a way that all risks and possible threats are removed or, at the very least, reduced to an acceptable level. There is no exemption made for city or municipal property as well.
The obligation to use reasonable care for the protection of visitors is shared by all levels of government. If you were injured on public property in New York City, you may be able to file a premises liability lawsuit in order to seek monetary compensation for your injuries and other losses.
Given the fact that it is a government institution, New York City is granted a high level of protection in the form of immunity. These defenses may take many different shapes, but the outcome is almost never favorable for the person who has been injured.
Therefore, it is necessary to seek assistance from a Personal Injury Lawyer!
Sidewalk Accidents
Accidents involving slipping and falling on sidewalks in New York may be caused by a wide variety of factors. It is very common for city sidewalks to develop cracks, breaks, or uneven surfaces as a result of inadequate maintenance, a lack of competent repair, or improper construction.
If these flaws are not addressed, they will create an environment that is even more hazardous for pedestrians. Sidewalks are susceptible to developing potholes over time. Accidents on sidewalks caused by potholes in New York City often take place in the late winter or the early spring.
This occurs when water from melting snow and rain finds its way through cracks in the pavement and areas of the sidewalk that have not been fixed.
When the temperature falls below freezing, the water below the pavement begins to expand, which causes the pavement to rise. When the earth thaws, it becomes more brittle and eventually breaks through the pavement, creating a hole.
The pavement is eventually broken up by foot traffic, which results in the formation of potholes.
What Do Personal Injury Laws Say About Sidewalk Falls?
If you fall because of an unsafe city sidewalk, it does not necessarily guarantee that you will be reimbursed for any injuries you have as a result of the accident.
Personal injury laws in the state of New York stipulate that a plaintiff of a sidewalk accident must demonstrate that individuals in charge of the upkeep of the sidewalk either knew (or ought to have known) that a hazardous situation existed in order to get compensation for their injuries.
Injured parties need to be able to establish that the precarious state of the sidewalk was a “substantial element” in the accident that resulted in their injuries.
The majority of cities and municipalities have their own unique regulations that outline particular responsibilities for sidewalks within their respective jurisdictions. In most cases, the maintenance of the sidewalk is the responsibility of the town or municipal government, as well as the owner of the property that abuts the sidewalk.
For example, in the city of New York, according to Section 7-210 of the NYC Administrative Code, the owner of a property that is next to a sidewalk is normally responsible for ensuring that the sidewalk is kept in a safe condition.
The only exception to this regulation is that the city is liable for the sidewalk when it is next to a single-family, multi-family, or three-family house that is inhabited by the landowner.
What to Do in Case of a Slip-And-Fall Incident on a New York City Sidewalk?
If you have tripped on a sidewalk in New York City, there are a few steps that you need to follow as soon as possible to guarantee that your claim will be treated seriously and that you will be able to receive the recompense that you are entitled to.
The following are examples of some of these steps:
Take pictures
Ensure that you take photographs of the state of the sidewalk at the time of the accident, as well as photographs of any wounds you may have had as a result of the accident.
Gather information
Make sure to get contact information from anybody who may have witnessed the slip-and-fall accident and is willing to testify about what they saw. Collect the names and addresses of the people who own the properties that are next to the sidewalk, if at all feasible.
Seek medical assistance
If you have fallen on the sidewalk in New York City and injured yourself, you should seek medical attention as soon as possible. Having a medical report can strengthen your case even if your injuries don’t seem to be too bad at first glance.
Get in touch with a Lawyer who specializes in personal injury
Cases involving trips and falls on sidewalks may be difficult to resolve. A personal injury lawyer in New York City can help you understand the claims process and assist you in recouping the damages that are rightfully yours after an accident.
Why You Should Consider Hiring a Personal Injury Lawyer?
If you or a member of your family has been hurt in an accident that occurred on a sidewalk in New York City, you should get in touch with a New York personal injury attorney as soon as possible.
Accident victims who fell on a sidewalk must submit a “Notice of Claim” with the city in the event that the city itself was to blame for the incident. This notification provides the city with information about the accident, including where it occurred, when it occurred, how it occurred, and the reasons why the injured party feels the city is responsible for the accident.
The period of time during which you may submit a Notice of Claim against the city of New York is strictly limited to 90 days.
Conclusion
Have you been hurt in a fall on a sidewalk in New York City? let Vincent C. Loiodice fight for you! Vincent has vast experience litigating against the city and achieving favorable outcomes.
If you have been injured as a result of a trip and fall that occurred on public land, Vincent Loiodice is prepared to help you in claiming the compensation to which you are entitled. Vincent C. Loiodice will contact you within 15 minutes of giving your number for a free, no-obligation telephone consultation.
