If you suffered injuries due to falling on a public sidewalk in New York, you might be wondering whether you can sue for your injuries.
The answer is yes, you can sue to recover damages after being injured in a sidewalk accident in New York. But it is crucial to understand the legal requirements and factors you must prove to resolve your claim successfully.
Injured from a fall on a New York sidewalk? Reach Out to Ferrante & Koenig 24/7 for qualified legal guidance.
Sidewalk accident claims are complicated because they are public property. However, local regulations mandate property owners be responsible for maintenance issues. Before you can sue for your injuries, you must determine the cause of your accident and who is legally responsible.
Rather than try to handle a slip and fall accident yourself, contact Ferrante & Koenig. We understand the complicated nature of these claims and can help you determine whether you have a valid claim for damages.
What Are New York’s Sidewalk Laws?
In New York City, § 7-210 of the Administrative Code is also known as the “Sidewalk Law.” It states that the owner of real property adjacent to a sidewalk is responsible for maintaining the sidewalk in front of the property. This responsibility includes removing snow and ice, repairing cracks, and keeping the sidewalk free of debris.
Additionally, § 19-152 of the Administrative Code is the “Duties And Obligations of Property Owners.” It states that owners of property adjacent to the sidewalks are liable for any injury resulting from the failure to maintain sidewalks adjacent to their property in a safe condition.
These administrative codes indicate that your primary source of recovery could be against the property owner rather than the city. However, some exceptions exist, meaning the municipality could be responsible. To prove that the municipality’s negligence caused your injuries, you must show it had prior written notice of the hazardous condition.
Can I Sue if I Fall on a Sidewalk in New York City?
Yes, you can sue if you’ve been injured due to a fall on a public sidewalk in New York City. However, you must establish the property owner’s negligence and prove that it directly led to your injuries.
Related: How Much Is My New York Slip-and-Fall Case Worth?
How Is Negligence Proved in a New York Sidewalk Injury Case?
Proving negligence in a sidewalk injury case requires you to provide evidence of the following:
- The property owner had a duty to maintain the sidewalk in a safe condition;
- They breached this duty by failing to take reasonable steps to repair or remove hazards; and
- This breach of duty caused your injuries and financial losses.
To prove that a property owner owed you a duty, you must show that they were responsible for maintaining the sidewalk in question. In some cities, such as New York City, specific administrative codes address legal responsibility, shifting responsibility from the city to individual property owners.
RECENT CASE RESULT
$225,000 Settlement Sidewalk Fall Knee Injury
We secured a $225,000.00 settlement for a 72-year-old Brooklyn housewife who tripped on a broken sidewalk while leaving a family party. She suffered a severe knee fracture and needed a total knee replacement. Although the defendants contested the connection between the fall and the surgery, we reached a favorable settlement shortly before the trial.
To prove that the property owner breached their duty, you must show that they knew or should have known about the hazardous condition on the sidewalk and failed to take reasonable steps to fix it. That may require gathering evidence such as photographs, witness statements, and expert testimony.
In addition, New York State’s laws also have a “comparative negligence” rule, which means that if you are partly responsible for the accident, your potential settlement will be lower. Your percentage of fault will reduce the overall amount you can receive. It’s crucial to fully understand the laws and regulations that apply to sidewalk injuries to determine the feasibility of a claim.
Related: What Are the Most Common Fact Patterns in Viable Slip & Fall Cases?
Who Is Responsible for Sidewalks in NYC?
Property owners in New York are responsible for the maintenance of sidewalks adjacent to their properties, including clearing snow, ice, and other debris.
What Is the Sidewalk Rule in New York City?
The NYC Administrative Code §7-210 mandates property owners to maintain sidewalks bordering their property in a safe condition. It holds them liable for personal injuries caused by their failure to do so.
Are Sidewalks Public Property in NYC?
Yes, sidewalks are considered public property in NYC. However, the maintenance responsibility lies with ground floor businesses and property owners for the sidewalk area in front of their premises.
Who Is Responsible for Curb Repair in NYC?
While the City of New York may repair or replace damaged curbs at no cost to the property owner, the onus for the upkeep and repair of the sidewalk lies with residential and commercial property owners.
What Is the Statute of Limitations for Slip and Fall Accidents on New York Sidewalks?
In standard premises liability cases, you typically have three years from the accident date to file a lawsuit. However, there are some exceptions. One of these exceptions involves claims against government municipalities. You must file a Notice of Claim within 90 days of the date of the accident. Failure to do so means you might be barred from any recovery. That’s why hiring a New York slip and fall accident lawyer is crucial.
Related: How Long Do I Have to File a Personal Injury Claim in New York?
What Are Some Common Defenses Under New York’s Sidewalk Laws?
In New York City, defending against sidewalk slip and fall claims often involves common defenses like the following:
- Lack of notice. A key defense is arguing that the property owner was not aware of the dangerous condition. Generally, the defendant must have had either actual or constructive notice of the hazard. Constructive notice means the defect was present for such a period that it should have been discovered and corrected.
- Open and obvious condition. Defendants may argue that the dangerous condition (such as a crack or icy patch) was open and obvious, meaning that a reasonable person should have seen and avoided it.
- Comparative negligence. New York follows a comparative negligence rule, meaning that if the plaintiff contributed to their injury (for example, by not paying attention, wearing inappropriate footwear, or ignoring warnings), their compensation could be reduced in proportion to their own fault.
These defenses can vary in effectiveness depending on the details of each case. This is why it’s important to consult with an attorney on New York sidewalk laws before pursuing a claim.
Discuss Your Sidewalk Injury Claim With Ferrante & Koenig
When you suffer injuries from falling on a public sidewalk in New York, you might be able to sue for your injuries. However, you can only collect compensation if you can prove another party is responsible for your injuries. Because these claims are complicated and deadlines might be short, we recommend seeking legal advice immediately.
Read: New York Slip & Fall Lawyers Who I Recommend
Ferrante & Koenig understand the serious nature of these claims and how to build a solid case for liability. Please contact our office right away to schedule an initial consultation. Let us review your case and help you identify all potential sources of recovery.
