It’s easy to get distracted by the hustle and bustle of New York City — or your children, shopping bags, phone, or even a conversation — and miss hazards like a broken or damaged sidewalk. It only takes a second to trip on uneven pavement and fall, but your injuries can mean weeks, months, or even a lifetime of pain and suffering.
At that point, you might wonder who is responsible for your injuries and what you can do about them. Having a New York sidewalk accident lawyer from Elliot Ifraimoff & Associates, PC, review the facts of your case might reveal that someone is accountable, and you may be able to seek compensation.
Understanding Sidewalk Liability in NYC
Although the first step in any case is determining who is responsible for the sidewalk, this isn’t always straightforward. A sidewalk injury lawyer in New York can find out who is liable — and, contrary to common assumptions, the responsibility for maintaining sidewalks doesn’t always fall on the city.
According to NYC Administrative Code § 7-210, property owners are required to keep the sidewalks adjacent to their properties in reasonably good condition. Failing to do so makes them liable for injuries that result from broken or damaged pavement.
However, there are exceptions. For instance, if the sidewalk is adjacent to an owner-occupied, multi-family residential property, the city retains responsibility for maintenance and liability for accidents. Homeowners are not responsible for damage to sidewalks caused by natural disasters, city-owned trees, or other factors beyond their control.
Regardless of who is liable for taking care of the sidewalk, if you fall and sustain an injury, you have the right to file a claim to seek compensation. To be successful, a pedestrian sidewalk accident attorney must prove that the owner’s negligence caused your injuries.
This means providing clear and compelling evidence that:
- The property owner had a duty to keep the sidewalk safe
- They failed to do this or take steps to address hazards
- Your injuries and financial losses directly resulted from this breach of duty.
However, when filing a claim against the city, NYC walkway injury lawyers must work within some significant restrictions compared to claims against property owners. To make a claim against the city, plaintiffs can only make claims within 90 days and have to show that the city created the hazard (for example, with shoddy repair work) or that they knew of the defect but didn’t fix it.
An NYC sidewalk injury attorney can investigate to determine the responsibility for the sidewalk and find evidence of negligence. For example, if the property owner received notice from the city that the sidewalk was in disrepair, or the city received complaints about a hazard, that’s clear proof of the duty of care.
Common Causes of Sidewalk Accidents and Their Impact
Tripping over a broken sidewalk and falling isn’t always just a minor mishap that doesn’t hurt anything but your pride. The National Safety Council reports that falls account for 35% of all preventable nonfatal injuries and 21% of preventable deaths. More than 30,000 adults in New York visit emergency rooms annually for fall injuries, underscoring the importance of reducing risks.
New York sidewalk accident lawyers see many common themes among sidewalk-related injuries. Most accidents are due to:
- Cracks and Uneven Surfaces: Weather conditions, tree roots, and general wear and tear can cause sidewalk deterioration.
- Debris and Obstructions: Construction materials, litter, or other obstacles can create tripping hazards.
- Snow and Ice: Failing to remove snow and ice promptly can lead to slippery conditions.
Ultimately, your claim’s success depends on your ability to prove that your injuries were a direct result of the property owner’s negligence.
What To Do If You Trip on a New York Sidewalk and Get Hurt
If you trip over a broken sidewalk and sustain any injury, from a broken bone or cut to a head injury, you might be able to make a claim against the sidewalk’s owner. To increase the likelihood of success:
- Get medical attention. Even if you don’t think you’re seriously hurt, getting checked out ensures you don’t have any hidden injuries and provides evidence for your case. For example, the American Academy of Neurology notes that concussion symptoms can take days or weeks to appear, and about 50% of brain injuries go unreported.
- Document what happened. Take photos of the sidewalk and your injuries, and get contact information from any witnesses who can corroborate what happened.
- Report the incident. Notify the property owner or the city, depending on who is responsible.
- Consult a lawyer. A broken pavement fall lawyer can help you determine who’s liable for your injuries and guide you through the legal process.
Again, you only have 90 days to file a claim against the city; if a private property owner bears responsibility, you have three years to file a claim.
Get Help From an Experienced Trip Hazard Attorney in New York
Navigating the aftermath of a sidewalk accident can be a complex process. Working with a knowledgeable New York sidewalk accident lawyer protects your rights and ensures guidance at every step.
To get expert help understanding pedestrian accident laws and your rights, get in touch with Elliot Ifraimoff & Associates, PC, at (718) 205-1010.
FAQs
What Compensation Can I Seek After a Sidewalk Injury?
You can sue the city or property owner for compensation for medical expenses, lost wages, and other costs. A pedestrian sidewalk accident attorney can provide clarity on potential damages.
Can I File a Claim If I Was Partially At Fault for the Accident?
Under New York’s comparative negligence rules, the court may reduce your compensation by your percentage of fault, but a cracked sidewalk claim lawyer can still help you recover damages.
What If Tree Roots or Utility Work Caused the Defect?
If the roots of a city-owned tree or utility work cause sidewalk damage, the city is most likely responsible for your injuries. A New York sidewalk accident lawyer will help confirm liability.