New York Sidewalk Accident Lawyer
Accidents on sidewalks can happen in the blink of an eye, leaving innocent pedestrians with life-altering injuries. From treacherous potholes to cracks, snow, and ice, the hazardous conditions on New York City sidewalks are a serious concern. When negligent property owners fail to address these dangers, unsuspecting individuals can fall victim to preventable accidents.
At Dansker & Aspromonte Associates LLP, we understand the profound impact a sidewalk accident can have on your life. With over 35 years of experience in personal injury lawsuits, our dedicated team of lawyers is here to fight for your rights. If you or someone you know has suffered an injury on a city sidewalk, we are ready to help you seek the compensation you deserve. What's more, we operate on a contingency fee basis, which means you don't pay us unless we win or settle your case.
What To Do After a Slip and Fall on a Sidewalk
Experiencing a slip and fall on a sidewalk can be a disorienting and unsettling incident. It's essential to prioritize your health and take appropriate steps to protect your well-being, both physically and legally.
- Prioritize Your Health and Safety: After a slip and fall on a sidewalk, your well-being should be your foremost concern. Attend to any immediate injuries by seeking medical attention promptly. Even if you don't believe your injuries are severe, it's advisable to get a medical evaluation to ensure there are no hidden complications. Remember, some injuries may not manifest symptoms until hours or days later.
- Document the Scene: While still at the accident site, if you are physically able, document the scene to gather evidence for your potential claim. Take photographs or videos of the area, including the condition of the sidewalk, any hazards that contributed to your fall (such as cracks, uneven surfaces, or debris), and the surrounding environment. These visual records can serve as crucial evidence later on.
- Gather Information: Collect relevant information from anyone who witnessed your slip and fall incident. Obtain their names, contact details, and statements regarding what they observed. Witness testimonies can strengthen your case when seeking compensation for your injuries or damages.
- Report the Incident: Notify the property owner or the responsible authority about the slip and fall accident as soon as possible. If the sidewalk is maintained by a municipality or government agency, report the incident to the appropriate department. Provide them with a clear and concise account of what transpired, emphasizing the hazardous condition that caused your fall. Request a copy of the incident report for your records.
- Preserve Evidence: Preserve any physical evidence related to the incident. If your clothing, shoes, or personal belongings were damaged during the fall, keep them in a safe place. Additionally, retain any medical records, bills, or receipts associated with your injuries, treatments, and expenses. These documents will be essential when seeking compensation for your losses.
- Consult with an Attorney: Consider consulting with an attorney who specializes in slip and fall cases. They can evaluate the circumstances of your accident, guide you through the legal process, and advocate for your rights. An attorney can help determine liability, assess the potential value of your claim, and negotiate with insurance companies or other parties involved.
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.
Who Is Responsible if I Slip and Fall on a Sidewalk in NYC?
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.
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
How Snow and Ice Impact Sidewalk Accidents
NYC can experience severely icy conditions. If you fall 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
Let Dansker & Aspromonte Associates LLP Help Seek Compensation
No matter where your sidewalk accident occurred, our expert lawyers will conduct a complete review of the circumstances that led to your accident. Often, property owners claim no knowledge of the hazard or they will try to blame the injured party of carelessness.
The experienced trial lawyers at Dansker & Aspromonte Associates LLP will do everything possible to find the facts and hold the negligent property owners responsible along with their insurance companies. We work tirelessly to win fair and full compensation for your suffering.
Our firm serves the entire NYC Metro area. If you or a loved one has been hurt on a dangerous sidewalk in our city, talk to our personal injury lawyers about the way forward today. You can contact us either online or at (646) 692-0204 to book your consultation.
Let us help you seek the compensation you deserve for your pain and suffering and ensure that the responsible parties are held liable for your sidewalk accident in New York City.
Brain Damaged Child $50 Million
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.
Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury $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.