Dedicated New York City Sidewalk Injury Lawyers

New York City Sidewalk Injury Lawyers

Did you or a loved one suffer a severe injury in a fall caused by a cracked, broken, or uneven sidewalk in New York City? If so, you may be owed significant compensation for your medical bills, lost wages, pain and suffering, and other damages.

According to the New York Department of Transportation, there are more than 12,750 miles of sidewalks in the City across the five boroughs. Despite the fact that the DOT repairs or replaces many sections of sidewalk each year, many sidewalks remain in disrepair. Because of this, NYC’s transportation department relies heavily on property owners to maintain their sidewalks.

Under New York’s Administrative Code, property owners are responsible for maintaining and repairing sidewalks adjacent to their property. When a property owner fails to maintain the adjoining sidewalks in safe condition or address unreasonably dangerous conditions, a severe injury accident (particularly trips and falls) can happen. If this has happened to you, turn to an experienced New York City sidewalk accident lawyer at David Resnick & Associates, P.C., for help. We will provide a free case evaluation to discuss your claim, so call us at 212-279-2000 today.

Causes and Types of Sidewalk Accidents

If a sidewalk is damaged, buckled, slippery, cluttered or littered with debris, or is otherwise unsafe for pedestrian use, a severe injury accident may occur.

Some of the most common causes of accidents on sidewalks include:

Some of the most common injuries victims suffer in sidewalk fall accidents include:

Many of the injuries that victims suffer can be extremely painful and some may require surgery, physical therapy or other treatment. Some accident victims may have to deal with the consequences of the accident for the rest of their lives.

Who is Liable in a Sidewalk Slip and Fall Accident in NYC?

Prior to 2003, sidewalks in New York City were public property and the city was responsible for upkeep and repairs. However, the New York City Administrative Code was revised in 2003 and liability for sidewalk maintenance was changed.

Two specific sections were enacted to address this issue, including:

§ 7-210 – Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition

This section established that New York City was no longer responsible for maintaining the city’s sidewalks. Instead, adjacent property owners now assume responsibility and liability. There are exceptions, however, including if the sidewalk is adjacent to an owner-occupied one, two, or three family home. If an injury occurs in a sidewalk accident adjacent to a one, two or three family property, the property owner and the City will be legally liable for compensating the accident victim for injuries related to unsafe sidewalks.

If a personal injury accident occurs on a sidewalk adjacent to a residential property containing four or more families or a commercial property, the owners of the property are liable for injuries associated with the unsafe sidewalk.

§ 19-152 – Duties and obligations of property owners with respect to sidewalks and lots

This section establishes the responsibilities of property owners to ensure their sidewalks are free of any obstacles or hazards. Property owners are expected to:

• Install, construct, and repave sidewalks adjacent to their property
• Remove snow, ice, dirt, and other debris that might make the sidewalk unsafe for foot traffic

The section also outlines some substantial defects that must be addressed, which include:

• One or more missing sidewalk flags, or areas where a sidewalk was never built
• Cracked sidewalk flags where pieces could easily be loosened or removed
• Undermined sidewalks with visible “voids” or that can easily be rocked back and forth
• Tripping hazards caused by grading issues or surface defects
• Improper slope, resulting in water drainage issues
• Structural integrity defects
• Sidewalk construction issues (particularly non-compliance with DOT specifications)

Sidewalk inspections by the City are prompted by complaints of unsafe conditions. The inspection department may issue a notice of violation and notify the property owner of needed sidewalk repairs. The property owner then has 45 days to hire a contractor and make the repairs. If the repairs are not made in a timely manner, the City may repair the sidewalk and bill the property owner for the cost of the repairs.

As part of an accident investigation, David Resnick & Associates, P.C., will seek to determine whether the property owner has been put on notice of an unsafe condition and failed to make a repair.

An important note about snow and ice removal

It’s important to note that with snow or ice, property owners must observe the “four hour rule” which requires property owners to clear sidewalks within four hours of any snowfall from the hours of 7:00 a.m. and 9:00 p.m. If they fail to observe this mandate, they could be held liable for any injuries that pedestrians may suffer in falls caused by slippery sidewalks.

If a storm is in progress, however, pedestrians cannot sue the property owner if they were hurt while it was still snowing.

Seeking Compensation for a Sidewalk Injury

If you were hurt due to hazardous sidewalk conditions in New York City, you may be eligible to bring an injury claim against the property owner or the city, depending on which party was responsible for the upkeep of the sidewalk.

Simply being injured is not enough to bring a successful claim, however. Sidewalk accident injury claims fall under the category of premises liability. The liable party must have been aware of the unsafe condition and failed to take adequate steps to correct it or warn of the danger.

This means that you’ll need to have proof of the condition of the sidewalk at the time of your accident. You will need to prove that the hazardous sidewalk caused your injury, and that the liable party knew or should have known of the unsafe sidewalk and failed to address the issue.

If you can successfully show that the liable party was negligent and that you suffered significant harm as a result, you may recover compensation including payment for:

• Current and future medical bills
• Lost wages
• Loss of future income
• Pain and suffering

Statute of Limitations in New York

You have a limited amount of time to bring an injury claim for a slip and fall accident caused by a defective sidewalk in New York. The statute of limitations establishes that you have three years from the date of your accident to file a claim against a negligent property owner.

If you are bringing a claim against the city, you must notify the city within 90 days of the accident and your injury. You’ll then receive a “Notice of Claim.” Your sidewalk injury lawsuit must be commenced within a year and 90 days of the accident.

There is also an additional requirement if you intend to bring a lawsuit against the city. Section 7-201 also states that accident victims who intend to sue the city for failure to maintain a sidewalk must prove that the city had received “prior written notice” of the defect before your accident happened.

If you have sustained a serious injury in a NYC sidewalk accident, it is imperative to speak with an experienced sidewalk accident lawyer right away to start work on your claim. If you don’t provide proper notice to the City within the time allowed, you will not be able to bring a claim.

New York Slip and Fall Accident FAQs

What Should You Do If You Are Injured in a Fall on a NYC Sidewalk?

You may feel overwhelmed and confused after a sidewalk fall injury. However, what you do next could make a difference in the outcome of your slip and fall claim.

The following are steps we believe you should take after falling on a sidewalk:

• Seek prompt medical attention – See a doctor right away. Injuries like concussions or internal bleeding may not show symptoms at first. Also, insurers may use delayed medical care against you when pursuing your claim.

• Document the hazard – Take photos and videos of the dangerous condition that caused your fall. Ice can melt, obstacles can be moved, and hazards can be fixed once the property owner learns of the incident. Try to capture the scene exactly as it was when you got hurt.

• Collect witness information – Anyone who saw the incident may have information supporting your claim. Collect their contact information.

• Report the incident – Notify the property owner or manager of the nearest property. Ask them to create a written report and request a copy of it.

• Contact David Resnick & Associates, P.C. – A skilled New York City sidewalk fall injury lawyer at our law firm can help you determine who was responsible and lead you through the process of holding them accountable.

Who Is Responsible for Maintaining Sidewalks In New York City?

Under New York City law, property owners are responsible for maintaining the sidewalks outside their property. These responsibilities include removing snow and ice, repairing cracks and uneven slabs, and keeping the area free of dangerous obstructions. If they fail to meet these obligations, they may bear responsibility for any damage or injury they cause in a premises liability claim.

However, when a sidewalk is adjacent to a city-owned property, such as a public park or municipal building, the City of New York may bear responsibility for sidewalk fall injuries. Municipal liability claims against the city follow special notice and filing rules, including a strict 90-day notice of claim deadline, making it crucial to act swiftly and contact a slip and fall lawyer.

What Are Common Causes of NYC Sidewalk Falls?

New York’s sidewalks endure heavy use and harsh weather, leading to many hazards that can cause falls.

Some common sidewalk hazards include:

• Broken or uneven sidewalk, or sunken concrete slabs
• Loose gravel, debris, or other obstructions left on walkways
• Snow and ice buildup
• Spilled liquids, garbage, wet leaves, and other slippery conditions
• Poor lighting makes hazards difficult to see.

You should never pay the price for someone else’s negligence. Our skilled slip and fall lawyers will investigate the accident to determine how it happened and who caused it, and we can build a compelling case for holding them accountable.

What Injuries Happen in New York City Sidewalk Fall Accidents?

Sidewalk falls are unpredictable, and they can result in a range of serious injuries.

Some of the most common sidewalk injuries our slip and fall attorneys see include:

• Torn ligaments and soft tissue damage
• Fractures and broken bones
• Back and neck injuries
• Cuts and lacerations
• Spinal cord injuries
• Traumatic brain injuries (TBIs).

Even injuries considered “minor” can cause significant distress, including time off work, medical bills, and mental health struggles. Your personal injury attorney at David Resnick & Associates, P.C., can work with medical professionals to assess the actual impact of your injuries on your life and finances and calculate your maximum compensation.

Who Could Be Held Responsible for a NYC Sidewalk Fall?

Multiple parties can face liability in a sidewalk slip and fall lawsuit or claim.

Some of the most common liable parties include:

• Private property owners
• Commercial landlords or tenants
• Contractors or maintenance companies
• The City of New York (municipal liability).

Our attorneys can review maintenance records, snow and ice removal records, city inspection reports, and witness statements to identify all potentially liable parties and work hard as we seek to maximize your recovery.

Can Owners of NYC Properties Also Be Liable for Falls on Their Sidewalks?

Under New York City’s “sidewalk rules,” property owners must maintain the sidewalks adjacent to their property. So, anyone injured in a slip and fall on those sidewalks may be entitled to compensation under premises liability laws.

Premises liability laws hold property owners legally responsible for maintaining reasonably safe premises for all legal visitors. They may face liability in a personal injury claim when they fail to meet those legal responsibilities.

What Compensation Is Available for a NYC Sidewalk Fall Accident?

Damages for a sidewalk fall accident in New York City can cover financial losses, the physical and emotional effects, and your injuries. Your attorney will likely seek money for damages such as the following:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life.

Is There a Time Limit for Filing a NYC Sidewalk Fall Claim?

Under New York law, you typically have three years from the date of the injury to file a sidewalk fall accident lawsuit. However, if the defendant is a government entity, you have 90 days to file a notice of your claim, and you must file the lawsuit within a year and 90 days from the date the accident occurred. Missing these deadlines can mean losing your right to recover the compensation you deserve.

Contact a New York Trip and Fall Lawyer

Call an experienced trip and fall attorney at David Resnick & Associates, P.C., to discuss your case involving a defective or poorly maintained sidewalk in New York City. We have extensive experience handling sidewalk injury claims in Manhattan and across all five boroughs. David Resnick & Associates, P.C., is ready to put our skills to work for you.

Call us at 212-279-2000 or reach out to us online to schedule a free consultation to discuss your case today. Our team is fluent in both English and Spanish to serve you in whichever language you are most comfortable. We stand ready to take your call and help you with your case.