You’re on your way to work or an important appointment in the city when suddenly, you trip on a jagged piece of concrete on the sidewalk and tumble to the ground. Instead of arriving at work or completing your errands, you’re now at the emergency room with a broken arm and a steep medical bill.
When something like this happens, and a property owner or NYC government body is responsible, they should make you “whole” again. You could qualify for damages, such as healthcare expenses, wage losses, and more. However, premises liability claims can be challenging. Consider consulting a trip and fall attorney in NYC who can protect your rights.
What Is a Sidewalk Defect?
Sidewalk defects in NYC pose significant risks and potentially cause severe injuries to pedestrians. Here are some examples of serious sidewalk defects:
- Cracked Concrete and Uneven Pavements. Large cracks and uneven sidewalk slabs can catch on shoes or wheelchairs and create tripping hazards. Cracks and uneven walking surfaces are particularly challenging for the elderly and those with reduced mobility.
- Cellar Door or Utility Cover Defects. Deteriorating hardware on utility covers or sidewalk cellar doors can create potential openings that catch pedestrians unaware and could lead to severe trips and falls.
- Improper Sidewalk Repairs. Poor and haphazard sidewalk repairs can create dangers due to inadequate materials used or mismatched heights.
- Construction Vehicle Damage. In New York, construction is a permanent feature. Heavy vehicles and equipment used at construction sites can crack or destabilize sidewalk sections, creating uneven walking surfaces and trip hazards for pedestrians.
If you or a loved one suffered injuries due to a sidewalk defect in NYC, don’t wait to seek legal guidance from a New York trip and fall attorney. The time to file a personal injury claim for a sidewalk defect in NYC is limited, especially if the municipal government is responsible for your fall.
Who is Liable for Sidewalk Defects in NYC?
If you were hurt in a trip and fall accident on a New York City sidewalk, someone else might be responsible for your injuries. Determining liability and who is at fault is crucial to pursuing compensation.
Property Owners’ Responsibilities
Property owners in NYC have certain responsibilities and obligations under the law. For example, according to NYC Administrative Code Section 7-210, owners must keep the sidewalks adjacent to their properties in a reasonably safe condition and in good repair.
This means property owners or property management should regularly inspect sidewalks for hazards like cracks or uneven surfaces and repair any issues as soon as possible. If a property owner neglects their duties and you are hurt as a result, you could hold the property owner liable for your injuries and financial losses.
To successfully pursue a negligence lawsuit in a trip and fall case, several key elements must be proven:
- Knowledge of the Defect: You must demonstrate that the property owner knew or should have known about the defect that caused your accident. This knowledge establishes the owner’s responsibility to address the hazard.
- Failure to Make Necessary Repairs: It is essential to show that the owner failed to take appropriate action to repair or warn about the defect. This negligence in maintaining a safe environment is central to the claim.
- Direct and Proximate Cause of Injuries: Finally, your injuries must be shown to be a direct and proximate result of the accident caused by the defect. This connection between the defect and your injuries is crucial to establish liability.
By understanding and proving these elements, you strengthen your case for holding a negligent property owner accountable for the harm you’ve suffered.
New York City’s Role in Sidewalk Maintenance
While private property owners and businesses in NYC bear most of the responsibility for sidewalk maintenance, the city also has a role to play. The municipal government in NYC is responsible for maintaining sidewalks next to government buildings and other city-owned properties, including parks.
If a pedestrian is hurt due to a defect on a municipal sidewalk, they could hold the city accountable for damages. However, suing the government can be tricky due to additional administrative hurdles and tighter deadlines. For example, to file a lawsuit against the city, you must first file a notice of claim within 90 days of the accident. The notice must include detailed information, such as the specific dollar amount you are seeking in damages.
- Notice of Claim: Submit within 90 days of the accident.
- Required Information: Include the exact amount sought for recovery.
Once the notice is filed, the statute of limitations is also shorter, as victims only have one year and 90 days to file suit. This is significantly less time compared to New York’s three-year statute of limitations for trip and fall lawsuits against private property owners.
Understanding these critical deadlines is essential to ensure your claim is valid and timely, especially when dealing with the complexities of government-related legal processes.
To ensure a claim against the city is valid, it must include several essential details. Here’s a breakdown:
- Personal Information: Start with the claimant’s full name, address, and contact details. This ensures that there’s clarity about who is filing the claim.
- Incident Details: Clearly describe the incident, including the date, time, and exact location. The more precise the information, the better the city can assess the claim.
- Description of Damages: Outline what damages or injuries were sustained. Be specific in detailing the nature and extent of these damages.
- Financial Details: Include the exact amount of compensation being sought. This should reflect costs incurred or expected as a result of the incident.
- Supporting Evidence: Attach any relevant documents or evidence. This could include photographs, medical records, or witness statements that corroborate the claim.
By including all these crucial details, the claim can be processed smoothly and efficiently. Make sure each section is complete to avoid unnecessary delays.
When investigating whether the city had prior knowledge of a damaged sidewalk, a trip and fall accident attorney takes a methodical approach. Here’s a breakdown of the essential steps they’ll undertake:
- Initiate Discovery Requests: The attorney will formally request documentation from the city. This might include accessing records that highlight previous complaints or incidents at the same location.
- Review Public Records: It’s crucial to examine surveys, construction logs, and maintenance reports that could indicate the sidewalk’s condition over time.
- Check for Previous Claims: The attorney will investigate if there have been prior claims related to similar accidents in the vicinity, which might suggest a pattern of negligence.
- Analyze Police Reports: Any police documents filed for similar accidents at that site will be thoroughly reviewed to gather evidence of recurring issues.
- Interview Witnesses and Experts: Speaking with individuals who frequent the area, or consulting with experts, can provide insights into how long the defect may have existed.
By meticulously piecing together this information, the attorney can effectively argue whether the city was aware of, but failed to address, the sidewalk’s hazardous condition.
Common Injuries in a Trip and Fall
Every trip and fall is unique and can lead to various injuries, depending on the individual’s age and health status. Serious fall injuries can include:
- Traumatic brain injury (TBI)
- Lacerations and cuts
- Bone fractures
- Neck and back injuries
- Spinal cord damage and paralysis
Tripping on a crack or pothole in a sidewalk can lead to significant injuries and long-term mobility and health consequences. According to the Centers for Disease Control and Prevention (CDC), older individuals could even lose their independence after a severe fall.
If you’re affected by a personal injury due to a sidewalk defect in NYC, consult a New York trip and fall attorney to learn about your options.
Your 5 Best Steps After a NYC Sidewalk Trip and Fall Accident
Knowing what to do after a fall can be the key to protecting your rights and pursuing the compensation you deserve. Take the following necessary steps if you’re hurt due to a hazard on the sidewalk:
1.See a Doctor
Seeing a doctor immediately after a sidewalk fall is essential for safeguarding your health. In addition, a medical report documents your injuries and provides vital evidence you need to prove your case and pursue damages from the responsible party.
2.Report the Fall
If you can, find the property owner or manager and file an official accident report. This helps establish a record of your fall and can be critical evidence in a lawsuit. If you are unable to file a proper report, note down how the trip and fall happened and why. Don’t forget to take photos of the hazardous condition, such as a pothole or missing sidewalk slab, and your injuries.
3. Collect Evidence
Evidence is vital to support your claim and recover compensation from the responsible party and can include the following:
- Photos and videos of the accident scene
- Eyewitness statements
- Medical reports and bills
- Receipts of accident-related expenses
4. Keep Meticulous Records
Keeping detailed records of your fall-related expenses, medical treatments, and insurance communication can be critical for your trip and fall claim. Keep such receipts and documents organized in a folder so you have the vital paperwork at hand for insurance claim purposes and for your attorney.
5. Contact a NYC Sidewalk Defect Lawyer
Speaking to a trip and fall attorney in New York is essential for understanding your legal options and the best next steps. They can guide you through filing a claim and negotiating with the insurance company. Crucially, should an insurer deny a fair settlement, your attorney can take your case to court and fight for the compensation you deserve.
Acting promptly is crucial for several reasons:
- Maximizing Compensation: Retaining a lawyer with experience in handling claims against both private property owners and the city can improve your chances of receiving a larger settlement.
- Timely Medical Attention: Seeking immediate medical treatment not only aids in your recovery but also strengthens your legal case by documenting your injuries.
- Complimentary Case Evaluation: Many attorneys offer a free initial consultation, allowing you to assess your legal standing without financial pressure.
By taking swift action, you ensure that all necessary steps are taken to protect your rights and enhance your recovery prospects.
You Could Qualify for Damages
Compensation victims can recover in a NYC sidewalk defect claim will depend on the scope of injuries, damages incurred, and other factors. Generally, you could receive awards for the following damages and others:
- Healthcare expenses
- Loss of income
- Property damage or loss
- Pain and suffering
- Loss of life enjoyment
- Disability
- Out-of-pocket accident-related expenses
Knowing what your case is worth is critical so you don’t risk getting shortchanged by an insurance company. An NYC sidewalk defect lawyer at Berkowitz & Weitz Law, P.C., can assess your case and calculate your damages.
A NYC Sidewalk Defect Lawyer Can Maximize Your Compensation
Dealing with the aftermath of a sidewalk defect injury in NYC can be challenging. Between steep medical bills, the stress of lost wages, and the worry of fighting a lawsuit, it’s easy to feel exhausted. That’s when a skilled NYC sidewalk defect lawyer can step in and take some of the burdens off your shoulders.
Our attorneys at Berkowitz & Weitz Law, P.C., have a proven track record of securing significant settlements and verdicts for our clients. We’re here to help you get the compensation you need to move forward with your life. Contact us today to get started with a free case review.