NYC Sidewalks Are More Accident-Prone Now Than Ever
What To Do If You Are Injured in a Trip, Slip, or Fall Accident on a NYC Sidewalk
The coronavirus pandemic has resulted in substantial budget cuts throughout New York City and across the state. These budget cuts have significantly impacted the city’s ability to repair everyday hazards like uneven and cracked sidewalks. According to the New York City Department of Transportation (NY DOT), all sidewalk repairs, except for emergencies, are suspended due to COVID-19. A failure to maintain the city’s nearly 12,750 miles of sidewalk results in numerous injuries each year.
If you are injured in a trip, slip, or fall accident on a NYC sidewalk, it can be challenging to determine who is liable. There is no statewide rule in New York regarding sidewalk liability; thus, it is left up to the local municipalities. New York City has specific rules regarding a property owner’s responsibility to improve and repair the sidewalks abutting their business.
Contact The Law Office of Asaro & Associates, P.C., to speak with an experienced attorney who can help you determine who should be held accountable and how much your case is worth. Call (347) 231-5459 or request a case consultation by filling out our online contact form. Cases are handled on a contingency-fee basis, meaning you pay nothing unless we win.
Determining Liability If You Are Hurt in a Sidewalk Fall
A real property owner is responsible for keeping the sidewalk that abuts their property in a reasonably safe condition, according to New York City Administrative Code § 7-210. Pursuant to this code section, property owners may be held liable for any property damage or personal injury proximately caused by the owner’s failure to maintain the sidewalk in a reasonably safe condition. In general, if you are injured on a sidewalk or intersection quadrant, outside of a commercial property, the property owner may be held liable for your injuries.
Under New York City Administrative Code § 19-152, real property owners are required to “install, construct, repave, reconstruct and repair the sidewalk flags in front of or abutting” their property.
Common causes of sidewalk defects that cause injury include:
- Uneven pavement
- Exposed hardware
- Patchwork
- Sloping sidewalk
- Tree roots
- Collapsed pavement
A property owner, however, is not required to repair sidewalk defects caused by the city. If the damage to the sidewalk or intersection quadrant was done by the city, its agents, or a city employed contractor, the city may be responsible for your injuries.
Suing the City for Your Sidewalk Fall Injuries
Under most circumstances, defective conditions in the sidewalk are the responsibility of the adjoining property owner. When the property is a one-, two-, or three-family residential property that is owner-occupied, the city may be liable for your injuries.
The New York City Department of Transportation is required to repair or replace damaged sidewalks that abut residential properties that meet these standards. Typically, the NY DOT replaces “more than 2 million square feet of sidewalk a year.” The pandemic, however, has halted repairs indefinitely, making NYC sidewalks more dangerous than ever.
If you are injured on a sidewalk where the city is responsible for maintaining it in a reasonably safe condition, you may have to show that the city received prior notice of the defective condition and failed to repair it.
What To Do First After a Trip or Slip Accident
If you are injured from a NYC sidewalk fall, the first thing you need to do is seek medical attention. Injuries related to trips/slips can be severe, even life-threatening. Falls are one of the leading causes of traumatic brain injuries. Failing to have your injuries checked by a medical professional may diminish your claim to damages.
As soon as you are able, take pictures of where the incident occurred. It is best to take photos or video immediately after the accident if you are capable. Obtain names of any witnesses that were present at the time of the fall and get the information of the property owner adjoining the sidewalk where you fell. It is always a good idea to call the police if you are injured in an accident. The police can complete an accident report that may aid you in your recovery.
Finally, always consult an attorney prior to signing anything or accepting a settlement. You may be contacted by an insurance representative shortly after your accident and offered a settlement. Early settlement offers rarely reflect the true extent of your injuries and may not include the maximum damages allowed under New York law.
Contact The Law Office of Asaro & Associates for a Free Consultation
Determining liability after a fall on a NYC sidewalk can be difficult. Despite it being a public location, it may be the property owner that is responsible for your injuries. At the Law Office of Asaro & Associates, our attorneys will determine who should be held accountable and how to get the largest recovery in your case. Our attorneys are skilled litigators that have recovered millions in verdicts and settlements on behalf of clients. Call (347) 231-5459 today to get your case started.
