Sidewalk slip and fall accidents in New York City are not just common occurrences; they often lead to complex legal battles. Understanding the intricacies of these cases is crucial, especially considering the involvement of public property and specific local laws.
Understanding New York’s Sidewalk Laws
New York City’s Administrative Code plays a pivotal role in sidewalk slip and fall cases. Section 7-210 clearly states that property owners are responsible for maintaining the sidewalks adjacent to their properties in a safe condition. This includes snow and ice removal, repairing cracks, and keeping the sidewalk free of debris. Additionally, Section 19-152 outlines the obligations of property owners regarding sidewalk and lot maintenance, emphasizing their liability for injuries resulting from failure to maintain safe conditions.
Can You Sue for a Sidewalk Slip & Fall in New York City?
Yes, you can sue for injuries sustained from a sidewalk slip and fall in New York City. However, to successfully claim damages, it’s essential to establish the property owner’s negligence and prove that this negligence directly led to your injuries.
Proving Negligence in Sidewalk Injury Cases
Proving negligence in a sidewalk injury case involves demonstrating that:
- The property owner had a duty to maintain the sidewalk in a safe condition;
- They breached this duty by failing to repair or remove hazards; and
- This breach directly caused your injuries and financial losses.
Evidence such as photographs, witness statements, and expert testimony can be crucial evidence needed to establish the elements of negligence as listed above.
Who Is Responsible for Sidewalk Maintenance in NYC?
In New York City, property owners are generally responsible for the maintenance of sidewalks adjacent to their properties. This includes clearing snow, ice, and other debris. However, there are exceptions, such as curbs, tree wells, and pedestrian ramps, where the City of New York retains responsibility.
Statute of Limitations for Sidewalk Slip & Fall Accidents
The standard time limit for filing a lawsuit in premises liability cases in New York is three years from the accident date. However, if your claim is against a government municipality, you must file a Notice of Claim within 90 days of the accident.
Case Example and Settlements
Real-world examples, such as the case of Gibbons v. The City of New York, illustrate the application of these laws. Settlement amounts are calculated based largely on the property owner’s negligence and the severity of the plaintiff’s injuries and losses.
Seeking Legal Assistance
Navigating a sidewalk slip and fall lawsuit in New York can be challenging. If you’ve been injured in such an accident, consulting with an experienced personal injury lawyer is vital. An attorney can help you understand your rights, gather necessary evidence, and represent your interests effectively.
For a detailed discussion about your specific case and to explore your legal options, feel free to contact me at 480-381-1015.