New York City Broken Sidewalk Accident Lawyer
Were you injured because of a broken or uneven sidewalk in New York City, NY? A dangerous sidewalk can cause a sudden fall that leads to broken bones, head injuries, back injuries, and other serious harm.
Depending on where the accident happened, a property owner, New York City, or another party may be responsible. A New York City broken sidewalk accident lawyer can investigate the condition that caused your fall and determine who may be liable. Call Rosenbaum Meier Personal Injury Lawyers at (212) 514-5007 today for a free consultation. We also handle a wide range of related premises liability cases, including negligent security, apartment fires, elevator and escalator accidents, school injuries, bed bug infestations, hotel and motel security incidents, snow and ice falls, ceiling collapses, accidents at retail stores such as Target and Home Depot, and more.
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How Can Rosenbaum Meier Personal Injury Lawyers Help After a Broken Sidewalk Accident in New York City?
Broken sidewalk cases can be complicated because responsibility for maintaining a sidewalk depends on the property next to it and other facts surrounding the incident. A New York City slip and fall accident attorney can identify the responsible party and gather evidence showing why the sidewalk was unsafe.
At Rosenbaum Meier Personal Injury Lawyers, we can help by:
- Photographing and documenting the sidewalk defect
- Identifying the owner of the adjoining property
- Reviewing maintenance and repair records
- Searching for prior complaints about the condition
- Interviewing witnesses
- Obtaining surveillance footage when available
- Reviewing your medical records
- Calculating your accident-related losses
- Handling negotiations with insurance companies
- Taking your case to court when necessary
Our NYC premises liability lawyers have over 40 years of experience and have recovered tens of millions of dollars for injured clients.
Sidewalk conditions can change quickly. Promptly investigating the scene may help preserve important evidence before repairs are made. Call our law office in NYC, New York, to schedule a free consultation.
Who Is Responsible for Broken Sidewalks in New York City?
New York City regulations generally place responsibility for maintaining sidewalks in a reasonably safe condition on the owner of the property next to the sidewalk. This duty can include repairing defective sidewalk flags and removing snow, ice, dirt, or other materials.
There is an important exception for certain residential properties. The general liability rule does not apply in the same way to one-, two-, or three-family residential properties that are at least partly owner-occupied and used only for residential purposes.
As a result, determining liability often starts with identifying the property and how it is used. Commercial buildings, apartment buildings, mixed-use properties, and qualifying owner-occupied homes may be treated differently.
What Types of Sidewalk Defects Can Cause Accidents?
Sidewalk hazards can develop because of age, weather, construction, tree roots, poor repairs, or lack of maintenance. Even a relatively small defect can cause someone to lose their balance.
Common hazards include:
- Raised or uneven sidewalk slabs
- Cracked pavement
- Holes or depressions
- Loose or broken concrete
- Tree roots pushing up sidewalk sections
- Poorly repaired surfaces
- Snow and ice
- Debris or other obstructions
- Unsafe cellar doors or grates
A defect does not automatically make a property owner liable. The circumstances surrounding the condition and the accident must be examined.
What Do I Have to Prove After a Broken Sidewalk Accident?
A successful negligence claim generally requires proof that the responsible party owed you a duty of care, failed to meet that duty, and caused your injuries.
One important issue may be whether the responsible party created the dangerous condition or knew, or reasonably should have known, about it. Evidence showing how long a defect existed can therefore be important.
Photographs, surveillance footage, witness statements, inspection records, repair records, complaints, and other documents may help establish what happened. Medical records can also connect your injuries to the fall.
What if I Am Partly Responsible for My Sidewalk Accident?
It may affect your compensation because New York follows a pure comparative negligence rule. This means you can potentially recover compensation even if you share some responsibility for your accident. However, your compensation may be reduced based on your percentage of fault.
For example, an insurance company might argue that you were distracted, wearing unsafe footwear, or should have noticed an obvious defect. If they are successful, they can use these arguments to assign you a percentage of the blame and reduce your total compensation award by that percentage.
Sharing some fault does not automatically prevent recovery. Evidence from the accident scene can be important when responding to allegations that you caused or contributed to your fall. An experienced slip and fall accident lawyer in New York City can gather the evidence needed to fight against any unfair blame.
How Long Do I Have to File a Broken Sidewalk Accident Lawsuit in New York?
New York generally gives injured people three years from the date of an accident to file a negligence lawsuit. However, a much shorter deadline may apply if New York City or another government entity could be responsible.
Claims against New York City can require a Notice of Claim within 90 days of the incident. A lawsuit against the City generally must also be commenced within one year and 90 days of the event. Other procedural requirements and exceptions may apply.
Because it may not be obvious at first whether a private property owner or government entity is responsible, investigating a sidewalk accident early can help protect your rights.
Contact a New York City Broken Sidewalk Accident Lawyer for a Free Consultation
A broken sidewalk can cause serious injuries and leave you facing medical expenses, lost income, and a difficult recovery. Identifying who was responsible for maintaining the sidewalk is an important part of pursuing a claim.
The attorneys at Rosenbaum Meier Personal Injury Lawyers can investigate your sidewalk accident, determine who may be liable, and explain your legal options. Contact us today to schedule a free consultation with a New York City broken sidewalk accident attorney.