If you suffer an injury in a New York City park, the City could be liable if someone reported the dangerous condition before, and the City failed to fix it within a reasonable time. If the City had no notice of the condition before the injury occurred, the City might not be on the hook.
Every personal injury case in New York City depends on the facts, timing, and proof of notice. If you were hurt in a New York park, a premises liability lawyer can review your case to determine if you have a claim against the City.
What Is Premises Liability?
Premises liability is an area of personal injury law that addresses the liability of property owners and others when someone gets hurt because of unsafe property conditions. In New York, the laws apply to private and public property owners, including owners of homes, stores, sidewalks, and city parks.
If you want to bring a premises liability claim in New York, you must show that the party in charge of the property where you got hurt did something wrong. For instance, they may have allowed a dangerous condition to exist for too long without fixing it, cleaning it up, or warning visitors about it.
In New York, the law looks at who controlled the property and whether that party knew or should have known about the hazard and failed to address it. In a premises liability lawsuit, you also must show that the unsafe condition directly contributed to your injury.
What Causes Slip and Fall Accidents in New York Parks?
Visitors expect New York City parks to offer safe places for walking, relaxing, or playing. But if a city’s agencies fail to take care of park property, serious accidents can happen. Below are common situations and factors that lead to slip and fall injuries in NYC parks:
- Icy sidewalks — During the winter, ice can build up on sidewalks and paths throughout city parks. If workers don’t treat these areas with salt or clear the ice properly, people can easily lose their footing. Even a light layer of ice can make a paved surface slick enough to cause a fall.
- Slippery floors — Floors inside bathrooms, pavilions, and visitor centers in NYC parks can become wet or slick due to water from leaks, wet shoes, or poor cleaning practices. Park employees must clean up spills quickly and post warning signs when wet floors pose slipping hazards.
- Defective sidewalks — Over time, tree roots, poor repairs, or weather damage can crack or raise concrete slabs along park paths and create tripping hazards. These sidewalk defects often blend into the surface, making it difficult for visitors to spot the danger until it’s too late.
- Unsafe buildings — NYC park buildings, like recreation centers or field houses, sometimes contain unsafe stairs, broken tiles, or loose railings. If city workers don’t ensure proper maintenance of these buildings, visitors can slip, fall, or trip while walking through them.
- Insufficient lighting — In the evening or early morning, many parks become difficult to navigate without proper lighting. Dim or broken lights in stairwells, paths, or near bathrooms can make it harder for visitors to see where they’re going and increase the risk of injury.
- Dangerous playground equipment — Parents expect playgrounds to be safe for their kids, but worn-out or broken surfaces can cause falls. If park staff don’t check and fix these surfaces or repair loose equipment, children and even adults supervising them can slip or fall.
- Inadequate security — If a park area doesn’t have staff nearby or lacks security features like patrols or cameras, it’s harder to prevent unsafe behavior. Without proper oversight, conditions can quickly become dangerous, increasing the chance of preventable injuries.
Why Are Premises Liability Claims Against the City Different?
When you file a premises liability claim against a private property owner, you usually have ample time to investigate the incident, collect records, and file a lawsuit. However, claims against the City of New York don’t work that way. The law requires you to act quickly and follow a specific process.
Before you can sue the City, you must file a written document called a “notice of claim.” You must file that notice within 90 days of your injury. If you miss that deadline, you could lose your right to take any legal action at all.
The City also gets a chance to investigate your claim before you can file a lawsuit. Officials might call you to answer questions under oath or ask you to meet for a medical exam. This type of investigation typically doesn’t happen in a case against a private company or landlord.
How Can You Prove a Premises Liability Claim Against the City of New York?
You must show that the City did something wrong and that its negligence caused your injury in a premises liability case against the City of New York. It is not a simple task. These cases often turn on one key issue — notice.
Under New York law, the City can be held legally responsible for a dangerous condition only if someone gave the right agency written notice about the condition before your injury happened. In most cases, you must prove that the City knew about the issue and failed to fix it in time.
You must also show that the hazard directly contributed to your fall and that you got hurt as a result. In your legal claim, you must provide clear details about when and where you fell, what caused it, and how it affected you.
What Injuries Can You Suffer in a Slip and Fall in a New York Park?
Falls in city parks can involve hard pavement, sharp edges, and sudden impacts, which can cause severe injuries. Some people recover quickly, but others deal with serious pain, expensive medical bills, and time away from work. Below is a list of injuries that commonly result from park slip and falls:
- Broken wrists
- Dislocated shoulders
- Ankle fractures
- Knee injuries
- Back sprains
- Neck strain
- Hip fractures
- Concussions
- Spinal disc injuries
- Facial cuts or bruises
- Broken fingers
- Torn ligaments
- Internal bleeding
- Rib fractures
- Dental injuries.
What Should You Do If You Are Injured at a New York Park?
The steps you take after a slip and fall injury in a New York park can make a big difference in the strength of your claim. Here’s what you can do to protect your health and support your legal claim:
- Get medical care as soon as possible — Even if your injury seems minor at first, you should seek medical attention. Keep copies of your medical records, bills, and any notes from doctors.
- Report the injury — You can report the park injury to a park employee, park officer, or other City worker. Keep a copy of the report.
- Take photos of the place where you fell — If possible, you should try to get photos of cracks, water, or debris. Write down every detail of what happened while it’s still fresh in your mind. Try to get the names and contact details of any people who saw the fall.
- Collect your evidence — Save the clothes and shoes you wore when you fell, especially if they have dirt, cuts, or other signs of the fall.
- File a notice of claim — You must file a notice with the City within 90 days of the date you got hurt. Follow up with the assigned City examiner if they ask for records or schedule a hearing.
Do you have questions about the best steps to take after a slip and fall in a park in New York City? Talk to a New York park injuries lawyer today who will know how to file a claim against the City to seek just compensation.
What Compensation Could Be Available in a Slip and Fall Claim?
If you got hurt in a New York City park because the City didn’t fix a dangerous condition, you could be entitled to compensation for your injuries and losses. Every case is different. So, the types and amount of compensation available will depend on your situation.
If you file a slip and fall claim against the City after a fall in a park, you could potentially seek compensation for damages that include the following:
- Medical expenses — You can ask the City to pay for your doctor’s visits, hospital stays, physical therapy, prescriptions, and any other treatment you need because of your injuries.
- Future medical costs — If your injuries require long-term care or additional treatment, you can ask for money to cover those projected treatment costs.
- Lost income — If your injuries cause you to miss work, you can ask for compensation to cover the paychecks you didn’t receive during your recovery.
- Reduced earning ability — If your injuries make it hard for you to do your job or earn as much as before, you can ask for money to cover that difference.
- Pain and suffering — You can demand compensation for the pain, discomfort, or changes to your daily life brought on by your injuries.
- Out-of-pocket costs — If you had to pay out-of-pocket for medical supplies, crutches, or transportation to appointments, you should include those costs.
Contact a New York City Premises Liability Lawyer
If you slipped and fell in a New York park, you need and deserve legal representation from a team that’s on your side, fighting for you. David Resnick & Associates, P.C., has recovered more than $180 million in payouts for clients like you across NYC and Long Island. Contact us now. We can provide a free consultation and help you learn more about your rights and how we can help.
