Even as we near the end of summer, property owners and businesses should plan ahead for the inevitable storms that will continue to pelt our area. With each storm comes the possibility of a person slipping and falling on the sidewalk outside of a property. For more information on who you can sue for a sidewalk accident, please read on, then contact an experienced New York City sidewalk accidents lawyer today. Here are some questions you may have:
Who is responsible for a sidewalk accident in New York?
Some cities or towns have specific laws that determine who is responsible for a sidewalk. Either the owner of the property abutting the sidewalk or the municipality where the sidewalk is located have that responsibility. For instance, under New York City Administrative Code Section 7-210, New York City property owners whose premises abut the sidewalk must maintain the sidewalk in a reasonably safe condition. The one exception to this rule is that the City of New York must maintain any sidewalk that abuts a one-, two- or three-family residential home where the owner lives.
What happens when New York City is responsible for sidewalk accidents?
New York City Administrative Code Section 7-201 states that in order to sue the City of New York for the failure to properly maintain a sidewalk, an injured person must prove that the City of New York had received “prior written notice” of the defective sidewalk condition that caused the injury. Such defective sidewalk conditions include:
Keep in mind that each municipality may have its own rules governing sidewalk liability. Before you or your loved one file a personal injury claim for a sidewalk accident, you should speak with a skilled New York City slip and fall lawyer immediately to discuss your rights and responsibilities as well as which parties you may hold accountable for your injuries.
How do you prove a sidewalk accident case in New York?
In order for a plaintiff to hold any party liable for a sidewalk accident, the plaintiff must prove the following:
- The defendant had either actual or constructive notice of the defective condition
- After having notice of the claimed defect, and having had a reasonable opportunity to remedy the defect, the defendant failed to do so
- Despite using reasonable care, the plaintiff suffered actual damages due to the defective condition
- The defendant’s failure to remedy the defective condition was the only substantial factor causing the accident
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The Law Offices of Brian J. Elbaum handles a wide variety of personal injury cases, including those involving auto accidents, catastrophic injuries, and more. Contact us today to schedule your free initial consultation.