Sidewalk Accidents

One of the many things that New York is known for is its 12,000 miles of sidewalks. People walk everywhere in New York every day, all year long. The city of New York repairs or replaces over 2,000,000 square feet of sidewalk in city-owned areas. The rest of the sidewalks are the responsibility of property owners, who are responsible for repairs as well as the removal of snow, ice, and other walking hazards.

When the city or the property owner fails to maintain a sidewalk, the result can be hazardous for anyone walking, jogging, or in a wheelchair. Failing to make those repairs can lead to problems that can cause a property owner to be held liable for a person’s injuries.

Slip and fall or a trip and fall on New York sidewalks are some of the most common causes of these accidents. A sidewalk accident can cause serious injuries, and even result in death.

The Dangers of New York City Sidewalk Damage

Sidewalks that are not flat and even are dangerous ous to even the most intrepid New York walkers. Because New York sidewalks are always congested, it’s very likely that someone will not see a hazard and have a slip and fall accident. Even a slight crack in a sidewalk can cause trips or slips and falls.

The most common causes of sidewalk damage are:

• Cracking snd crumbling
• Displaced and sinking slabs
• Debris and fallen objects, such as tree limbs
• Protruding tree roots that force slabs upward and cause cracks and other damage
• Slabs damaged by heat or water.
• Potholes
• Trash and garbage create a trip and slip hazards.
• Other objects left on the sidewalk that should not be there

These are just some of the ways that pedestrians can be hurt on a NYC sidewalk.

Cellar Doors: When The Sidewalk Isn’t A Sidewalk

Also known as basement doors, these are unique to New York. These doors must be flat and even with the

sidewalk to avoid causing accidents. If they must be left open, a warning must be posted to keep people from being hurt or falling into the adjoining basement and down a flight of stairs.

There is also the danger of someone suddenly opening the doors from the inside, creating a large obstacle. These accidents are not as common as broken sidewalks and objects left in the wrong place, but they do happen. And they can also be very serious for unsuspecting pedestrians.

Sidewalk Accident Injuries

Accidents on sidewalks a pedestrian with a wide range of painful injuries, including:

• Lacerations
• Bruises
• Bone fractures
• Fractures to the. Hands., wrist, and elbow from trying to prevent a fall.
• Injuries to the face.
• Head injuries, including skull fractures, concussions, and traumatic brain injury
• Injuries to other joints, i.e., ankle and knee
• Neck and spinal injuries, including broken bones and herniated disks

These injuries can lead to considerable medical expenses a lost work time for the victim.

Older New Yorkers with mobility issues may be particularly vulnerable to a fall on the sidewalk. A sidewalk accident injury could render them completely disabled and unable to walk at all.

New York Administrative Code 7-210

Because the city is determined to keep all of New York sidewalks safe, this specific code deals with the maintenance and care of sidewalks, no matter who is responsible. Owners are required to keep the sidewalks safe for everyone who uses them. This includes damage as well as snow and ice in the wintertime. Property that is situated on a corner quadrant is also the owner’s responsibility.

The plaintiff will be required to show that the property owner had a reasonable time to correct the hazard on the sidewalk but failed to do so. This can be anything from winter accumulation to broken and crumbling sidewalks that are not clearly visible to a pedestrian.

Owners who fail to take care of their sidewalks can be held liable for any injuries and damage that occurred on their property. The exception is a sidewalk that abuts residential one-, two- or three-family real properties that are owner-occupied and used exclusively as a residence. Properties like these that include business use, such as a professional office, are not included and are subject to the code’s requirements.

Generally, any lawsuits as a result of a sidewalk accident will likely be paid by the homeowner’s insurance policy. If you file a lawsuit against an owner of private property, you must file it within three years of the date of your accident.

What If The City Is Responsible?

One of the quirks in this code is that if a sidewalk abuts a residential one-, two-, or three-family property used as a residence, the responsibility for the repairs falls to the city.

Additionally, the city is responsible for sidewalks that are in public areas, as well as places like intersections.

However, in order to sue the city of New York, you will be required to prove that the city was already notified of the defect that caused your accident period. Specifically, you will have to know and prove that the city received prior written notification of the hazard.

Should you find yourself in the position of filing a claim against the City of New York, you will have approximately 90 days from the date of the accident to file. If you are planning to file a lawsuit, it must be filed within one year and 90 days of the date of the accident. This gives the city of New York to adequately investigate your claim.

Get Help With A Sidewalk Accident In New York City From BigLawsuit

Sidewalk accidents can happen anywhere, at any time, and serious injuries are not uncommon, especially if the hazards were not clearly visible and marked. If you’re injured, it’s up to you to stand up for yourself and make sure that you are fairly compensated for your injuries. We can help make that happen.

At BigLawsuit, our attorneys understand the complexities of filing such a lawsuit in New York. Contact us for a free consultation. Call (888) 998-7165 to discuss your case or use our online contact form. We will review your case at no charge and discuss your options for pursuing your claim.