Accidents on sidewalks are frequent in New York City and can lead to serious injuries. Such incidents often arise from sidewalk issues like cracks, uneven spots, or ice. Poor sidewalk maintenance can create unsafe conditions, particularly when cracks, gaps, and potholes develop as seasons change.
Understanding Slip and Fall Lawsuits in New York
To file a lawsuit for a sidewalk slip and fall, you need to show that the party responsible was aware or should have been aware of the hazardous condition. You must also prove that this condition was a major factor in your injury. In New York, the property owner next to the sidewalk typically holds responsibility for its upkeep, though there are exceptions for some residential properties.
If the city is responsible, additional steps are required. You must show that the city had prior written notice about the sidewalk’s condition before initiating a lawsuit. This means proving that the city was informed in writing about the hazard before the accident occurred.
What to Do If You’re Injured in a Sidewalk Accident
If you suffer a serious injury as a pedestrian on a sidewalk, it's crucial to reach out to a personal injury attorney immediately. Many municipalities, including NYC, require filing a "Notice of Claim" within a specific period after the accident. For NYC, this notice must be filed within 90 days.
Given the intricacies of sidewalk injury claims and various legal requirements, consulting with an experienced New York City sidewalk accident lawyer can greatly affect the outcome of your case.
Common Causes of Sidewalk Accidents
Sidewalk accidents can be caused by a range of factors, including:
- Broken or Cracked Sidewalks: These can lead to trips and falls.
- Uneven Surfaces: Differences in sidewalk height can result in accidents.
- Poor Maintenance: Worn-out sidewalks present considerable risks.
- Snow and Ice: Accumulation creates dangerous walking conditions.
- Debris and Clutter: Objects left on sidewalks can be tripping hazards.
Common Injuries from Sidewalk Falls
Injuries from sidewalk accidents can vary from minor to severe, such as:
- Broken Bones: Common fractures include those of the hips, arms, and wrists.
- Spinal Injuries: Damage to the spine can result in long-term disability.
- Traumatic Brain Injuries (TBIs): Falls may cause concussions or more serious brain injuries.
- Soft Tissue Injuries: These may include bruises, ligament damage, and tendon injuries.
Determining Liability for Sidewalk Falls
To establish who is liable for a sidewalk fall, consider these questions:
- Location of the Accident: Where did it happen?
- Property Ownership: Who owns the adjacent property?
- Condition at the Time: What was the specific cause of the fall?
- Control Over the Area: Who had control over the sidewalk's maintenance?
- Contributory Actions: Did your actions contribute to the accident?
Even if you share some responsibility, you may still be able to recover damages from the party more at fault.
Snow and Ice on NYC Sidewalks
When sidewalks are slick with snow or ice, the responsible party should have been aware of the accumulation and addressed it in a timely manner. Failing to do so could result in liability for any injuries that occur.
Contact a New York City Sidewalk Accident Lawyer
If you or someone you know has been injured in a sidewalk accident, seeking legal assistance from a personal injury attorney is crucial. The Case Handler is an experiences NYC sidewalk accident lawyer and can help you navigate the complexities of your case and work towards securing the compensation for your troubles. Reach out for a free case evaluation and let us assist you in seeking the justice you need.
