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.
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
Let a Personal Injury Lawyer 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 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 212-732-2929 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.