Proving negligence following an NYC sidewalk accident can be hard. You need evidence to prove specific legal elements: someone owed you a duty of care, the party responsible breached that duty by failing to maintain a safe sidewalk, the violation directly caused your injury, and you suffered measurable damages.
Gathering the evidence necessary to prove these elements when you are suffering painful and potentially debilitating injuries can feel impossible. To build a solid claim that gives you the best chance of recovering the compensation you deserve, you need the help of an experienced and knowledgeable NYC sidewalk injury lawyer.
Understanding the basics of New York law and the steps you can take in your New York sidewalk injury case to help your attorney craft a compelling claim will help put you back in control of your situation.
Who Are Possible Negligent Parties in a NYC Sidewalk Accident?
More than 12,000 miles of sidewalks across New York City’s five boroughs make the region highly walkable. However, the complex network of roads and walkways is also expensive to monitor and maintain. While New York’s sidewalk laws dictate that property owners are responsible for repairing and maintaining sidewalks to keep pedestrians safe, some entities don’t take their duty seriously or put off repairs until the last minute to save money. Knowing about a defect and waiting to address it can spell disaster for innocent pedestrians navigating NYC via local sidewalks.
Parties who can potentially be liable for sidewalk accidents in NYC can include:
- Private property owners
- The City of New York
- Sidewalk repair or maintenance companies
- Negligent drivers
Many accident victims face the problem of identifying the parties responsible for maintaining the safety of local sidewalks or walkways. Property owners may blame the City, while the City can claim it was the property owner or a third-party maintenance company to blame for the incident. Pedestrians often need help cutting through the confusion to identify and hold liable parties accountable for their injuries.
What Evidence Can a Sidewalk Injury Attorney Use to Prove Negligence?
A NYC sidewalk accident lawyer has the local legal knowledge and resources to gather and preserve vital evidence to support a compelling compensation claim. Proving liability means using evidence to establish the duty of care, the violation of that duty, the cause of injury, and damages. Evidence that can help support these elements and show that the victims deserve fair compensation for their injuries can include:
- Photographs and videos of the scene, showing the broken sidewalk or other hazards
- Surveillance footage from local homes or businesses
- Police or incident report
- Witness statements
- Medical documentation
- Expert testimony
Collecting evidence can be challenging for injured individuals, so involving an NYC sidewalk injury attorney as soon as possible is in an accident victim’s best interests.
Does NYC Have Laws Regarding Sidewalk Injury Liability?
New York City has premises liability laws that cover incidents like sidewalk and slip-and-fall accidents. The New York City Administrative Code states that property owners are responsible for sidewalk maintenance and keeping their sidewalks reasonably safe.
Who Is Responsible for Sidewalk Repairs in New York City?
New York City law clearly states that the City is not responsible for maintaining its sidewalks. That responsibility falls to the property owner, except under specific circumstances. Property owners are responsible for monitoring their property and maintaining its safety for pedestrians.
The law also dictates that property owners ensure that sidewalks are free from obstacles or hazards such as snow, ice, or debris. When NYC gets complaints about a stretch of sidewalk, it can investigate the unsafe conditions and has the authority to issue a notice of violation. Property owners then have 45 days to make necessary repairs. If repairs are not made, the City can complete the work and bill the property owner for the required repairs.
Identifying the property owner accountable for maintaining the sidewalk where the accident occurred is vital in the fight for fair compensation.
What Compensation Could You Recover in a Sidewalk Injury Claim?
Compensation is generally based on the extent and severity of a person’s injuries and how they impact their quality of life. Other factors, such as the cause of the accident and whether the property owner knew about the unsafe condition, may also play a role in establishing liability and the value of a compensation claim.
Before accepting anything from a property owner or their insurance company, it is wise to discuss your situation with an experienced sidewalk injury lawyer who can assess the value of your claim and ensure you aren’t settling for less than what you deserve.
The value of a slip-and-fall or sidewalk accident injury claim may vary, but in general, a person who has suffered severe injuries can seek to recover compensation in a slip and fall claim for:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Damaged personal property (glasses, laptops, cellphones, etc.)
Discussions involving money are always tricky. Working with a sidewalk injury lawyer can help you keep a level head, advocate for what you deserve, and avoid the stress of dealing with aggressive insurance adjuster tactics as you seek compensation in a slip and fall lawsuit.
Is There a Statute of Limitations for Filing a Sidewalk Negligence Claim in NYC?
Most NYC sidewalk accident injury claims settle outside of the courtroom. However, there are situations in which stubborn property owners or insurers may drag out the negotiation process or avoid paying a fair settlement. In those slip and fall cases, the best action may be to file a personal injury lawsuit. People have a limited time to file a lawsuit in New York.
Many sidewalk injury accidents are slip-and-fall cases. No matter what type of sidewalk accident you have, the same deadlines apply. In New York, depending on whether the accident occurred on government or private property, you can have as little as 90 days or up to three years to file a case. Talking to a sidewalk injury lawsuit immediately can help you preserve your ability to pursue maximum compensation.
Contact a New York Slip and Fall Accident Lawyer
Since attorney David Resnick founded the law firm in 1998, the team at David Resnick & Associates, P.C. has recovered over $180 million in verdicts and settlements for clients throughout New York City. Our firm is dedicated to fighting for the rights of injured accident victims, which is why so many of our clients speak highly of their experience working with our team.
Contact our office today for free consultation about your sidewalk accident injury claim.
