Brooklyn Personal Injury Lawyers Represent Pedestrians After Falls
New York accident attorneys recover damages for victims of unmaintained and defective sidewalks
The sidewalks of New York have been celebrated in song, but many walking surfaces in the five boroughs are in bad condition these days, leading to serious injuries. If you are injured after falling on a sidewalk, you might be entitled to compensation for your medical bills, lost income and the pain and suffering you experienced. A New York City Brooklyn sidewalk slip-and-fall accident attorney at Goldberg Sager & Associates can help you pursue the justice you deserve.
When can a sidewalk fall lead to a personal injury lawsuit?
An injured party can recover damages in a lawsuit if their slip and fall was caused by an unreasonably dangerous condition of or on the sidewalk. Defendants in these cases often claim that the hazard was obvious and avoidable, or trivial and reasonably negotiable, so it is important to have an experienced slip and fall lawyer on your side. We review the facts, and counter defenses from parties seeking to avoid their legal responsibility.
Who can be sued for a New York sidewalk fall injury?
According to the Administrative Code of the City of New York § 7-210, owners of abutting commercial properties are liable for injuries caused by defective sidewalks. These owners have a duty to maintain the sidewalks (at their own expense) and cannot transfer that duty to a commercial tenant or a maintenance company. However, under certain circumstances, a commercial tenant can be liable if they created the hazard or exercised a high degree of control over the portion where the defect was located.
New York City is responsible for tree wells, pedestrian ramps from the street to the sidewalk and curbs, which are not considered part of the sidewalk. Sidewalks abutting owner-occupied residential property of one, two or three units are also under the purview of the city.
Proving negligence for a slip and fall on Brooklyn sidewalk
Sidewalk slip and fall cases depend on the objective danger of the hazard the victim encountered. As with falls at a shopping center or store, if a property owner did not take reasonable care to ensure the sidewalk was safe, negligence can be found if that failure was the proximate cause of the victim’s injury. However, property owners can also be liable under the strict liability standards in the NYC Administrative Code. For example, when an uneven sidewalk condition is equal to, or greater than, one-half inch, a property owner who knew or should have known about the condition is liable as a matter of law.
Common causes of slip and falls on sidewalks
The most common causes of a slip and fall on a Brooklyn sidewalk are:
- Uneven pavement
- Cracks and holes in sidewalk surfaces
- Uncleared ice and snow
- Debris that is not removed
If possible, victims should document the existence of the hazard with cellphone photos at the time they are hurt.
Compensation from a sidewalk accident in Brooklyn
When the cause of a sidewalk fall is an unreasonably unsafe condition, the accident victim is entitled to personal injury damages, which can include payments for medical bills, reimbursement of lost income, and compensation for pain and suffering. The statute of limitations to file a claim against a New York City property owner for failure to maintain the sidewalk is three years from the date of the accident. But you should contact an attorney right away so that critical evidence can be collected.
