Broken Sidewalk Accidents in Brooklyn
Were you or a loved one injured after falling on a broken sidewalk in Brooklyn, New York? You may be entitled to file a premises liability claim for compensation. Rosenbaum Meier Personal Injury Lawyers can help you through the claims process while you rest and recover from your injuries. Contact us today at (718) 550-3601 for a free consultation with a Brooklyn slip and fall accident lawyer.
Our Brooklyn broken sidewalk accident lawyers have over 40 years of combined experience and have recovered tens of millions of dollars for our clients. If you hire us, we’ll be committed to securing the best possible result for you from the beginning.
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How Rosenbaum Meier Personal Injury Lawyers Can Help After a Broken Sidewalk Accident in Brooklyn, NY
Broken sidewalk accidents can lead to lucrative legal claims, but they usually involve going up against a powerful commercial property owner or government agency. These are entities with vast resources on their side, but so is Rosenbaum Meier Personal Injury Lawyers.
Our Brooklyn personal injury lawyers can assist you with your claim by:
- Investigating the accident scene and identifying the responsible party
- Determining whether a property owner or the City is liable under the NYC Administrative Code
- Collecting evidence, including maintenance records and prior complaints
- Working with experts to strengthen your case
- Filing a Notice of Claim within the required deadline if the government is at fault
- Negotiating on your behalf for full and fair compensation
- Taking your case to court if necessary
Contact our law offices in Brooklyn, NY, today to learn more. Your initial consultation with an experienced Brooklyn premises liability attorney is completely free of charge.
Who Is Legally Responsible for Sidewalk Maintenance in Brooklyn?
Many people assume the City of New York is automatically responsible for every sidewalk defect, but that is not how the law works in most cases. Under NYC Administrative Code § 7-210, certain owners of properties that abut public sidewalks have a legal duty to maintain those sidewalks in a reasonably safe condition.
This means that if you trip on a broken sidewalk in front of a commercial property, for instance, the building’s owner may be legally responsible. The duty imposed by § 7-210 is non-delegable, so an owner subject to the law cannot avoid that statutory duty simply by assigning sidewalk maintenance to a tenant or contractor.
Are Homeowners Responsible for Broken Sidewalks in Brooklyn?
There is an important exception for certain residential properties. Owner-occupied one-, two-, and three-family residential properties used exclusively for residential purposes are exempt from the liability imposed on property owners by § 7-210.
However, that exemption does not necessarily protect a homeowner from every sidewalk claim. An exempt homeowner may still face liability under other legal principles if, for example, the homeowner created the dangerous condition or a special use of the sidewalk caused or contributed to the defect.
When § 7-210 does not shift liability to the abutting property owner, the City may potentially be responsible for a sidewalk defect. Claims against the City involve additional requirements, including New York City’s prior written notice rules, subject to limited exceptions.
What Types of Broken Sidewalks Can Cause Accidents?
Broken and uneven sidewalks can create tripping hazards for pedestrians throughout Brooklyn.
Common sidewalk defects that may lead to accidents include:
- Cracked concrete slabs
- Raised sections caused by tree roots
- Uneven joints between sidewalk panels
- Shifted pavement
- Sharp height differences between slabs
Not every sidewalk defect automatically makes someone legally responsible for an accident. The facts surrounding the condition, including its size and characteristics, how long it existed, how it developed, and who was responsible for the sidewalk, can affect a claim.
Determining who is responsible is one of the most important first steps in a broken sidewalk case. Our attorneys can investigate your accident and build a claim against the parties who may share responsibility.
What Do I Need to Prove to Win a Broken Sidewalk Accident Case?
Broken sidewalk cases fall under premises liability law. To recover compensation, you need to show that the responsible party failed to maintain the sidewalk and that their failure directly caused your injuries.
Specifically, you will need to establish four things:
- The property owner or the city had a legal duty to keep the sidewalk in a safe condition
- They breached that duty by failing to repair a known hazard
- The dangerous condition directly caused your fall
- You suffered actual injuries and damages as a result
One critical piece of the puzzle is notice. You generally will need to show that the property owner knew about the defect or should have known about it if they had been properly maintaining the sidewalk. We can fill you in on how this might work in your case during your free consultation.
Contact Our Brooklyn Broken Sidewalk Accident Attorneys for a Free Consultation
An accident on a broken sidewalk in Brooklyn, NY, can lead to painful injuries and a complicated legal process, but you do not have to go through it without an experienced attorney on your side to level the playing field. Rosenbaum Meier Personal Injury Lawyers is here to help you maximize what you recover.
Call our Brooklyn broken sidewalk lawyers for a free consultation and learn more about your best course of action. We work on a contingency basis, so you’ll only pay attorney’s fees if we successfully handle your claim.