New York Sidewalk Accident Lawyer
The sidewalks in our city are prone to hazardous conditions, including:
When property owners neglect these hazards, pedestrians can fall victim to life-threatening Premises Accidents and injuries.
The team at Dansker & Aspromonte have more than 35 years of experience with personal injury lawsuits. If you, or someone you know, has suffered an accident on a sidewalk in the city, we can help you seek the compensation you deserve. We won’t charge you a fee until we win or settle.
What Does a Slip and Fall Lawsuit in New York Entail?
If you have suffered a fall on a dangerous sidewalk, it does not automatically mean that you will be successful with a slip and fall charge against the responsible parties. The law in New York states that people who incur injuries on sidewalks have to:
- Prove that the person deemed responsible for the sidewalk should have known, or even knew, or the dangers on the sidewalk
- Prove that the sidewalk was a “substantial factor” in the cause of their injury
What’s more, the person responsible for the sidewalk may point a finger at the injured person, blaming them for not being careful and therefore contributing to the fall.
For a free legal consultation with a sidewalk accidents lawyer serving New York, call (646) 692-0204
Who Is Responsible?
In some towns or cities, there are certain laws that determine who is responsible for sidewalks. Usually, it is the owner of the property that joins the sidewalk, or the town or city where the sidewalk is.
In New York City, the New York City Administration Code Section 7-210 states that the owner of the property adjoining the sidewalk is responsible for the maintenance of the sidewalk and ensuring the sidewalk is reasonably safe.
There is one exception to the rule, though. The City of New York is responsible for sidewalks that join a one, two, and three family residential home where the owner of the property lives.
Should the City of New York be responsible for a sidewalk, there is a particular requirement that has to be met if you are to be successful with a lawsuit. The NYC Administrative Code states that to sue the City for failing to adequately maintain a sidewalk, the injured party has to prove that the City received prior written notice stating that the sidewalk was defective and uneven, had potholes, cracks, and so forth that led to the injury occurring.
In other words, if you have been injured on a sidewalk looked after by the City, it is up to you to prove that the City had already been informed, in writing, of the dangers of that sidewalk prior to your injuries.
What About Snow and Ice?
NYC can experience severely icy conditions. If you fall on a sidewalk because of ice and snow, a few other factors need to be considered.
- The injured party needs to demonstrate that the responsible party should have known, or knew, about the ice and snow that had gathered
- The injured party has to demonstrate that the sidewalk wasn’t cleared of ice or snow in a reasonable period of time
We Will Determine Who Is Responsible for Your Sidewalk Accident
Prior to 2003, the city was held responsible for accidents that took place on its sidewalks. However, the responsibility now lies with property owners. Our expert team will determine:
- That the defect that caused your accident existed long enough for the owner to have known about it and acted to repair it
- Whether or not the City is responsible for accidents that occur as a result of defects on crosswalks and in the streets
Brain Damage $50 Million
Christian, a four-year-old boy, was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Serious Injuries $31 Million
A 35-year-old New York City Police officer was a passenger in a police car going to an emergency call. After a collision, Ms. A. was rendered unconscious and was admitted to Jacobi Hospital with head and limb injuries.
Work Injury $21.5 Million
This accident occurred in the Bronx when Rafael C. was working on a sanitation truck. The driver lost control while making a turn. Rafael was ejected and the truck ran over his leg.
Serious Injuries $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.
Burn Injuries $8 Million
Dansker & Aspromonte represented 60 tenants in the infamous Schomburg Plaza fire. A fire started in a jammed compactor chute on the 20th floor of the high-rise apartment building.
Head Injury $7.8 Million
This female accountant was walking after work in Battery Park on the pedestrian promenade when she was suddenly struck by a speeding police motor scooter.
Serious Injuries $6.6 Million
This case involved a 6-year-old girl who was in a minivan that was struck by an ambulance in a multi-car collision on the Northern State Parkway in Long Island, New York.
Serious Injuries $6.25 Million
A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage.
Handle Your Case With Confidence Work With Dansker & Aspromonte Today
Contact Dansker & Aspromonte Associates for help today. We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.