A cracked sidewalk or an icy walkway may seem like a minor inconvenience until you are the one who ends up on the ground. A sidewalk slip and fall accident might be the reason you sustain an injury. If so, you may want to consult a slip and fall lawyer in New York who can represent you while determining who may be liable for your injuries.
If you are looking for a slip and fall accident lawyer in New York, the Wohlgemuth Law Firm PLLC is available to help. Our post below covers liability in NYC sidewalk slip and fall cases and what steps to take to protect your rights.
Who Is Responsible for Sidewalk Slip and Fall Injuries in New York?
In New York City, the responsibility for sidewalk maintenance usually falls on the property owner adjacent to that surface. Generally, under New York City Administrative Code §7-210, commercial property owners and owners of multifamily residential buildings should keep these sidewalks safe and clear of hazards.
Depending on the circumstances, responsibility for your accident may fall on:
- The adjacent property owner should repair cracks, uneven pavement, and other structural hazards
- A third-party contractor may be liable if their construction or repair work contributed to the dangerous condition of the sidewalk
- Another pedestrian may be liable if their reckless behavior or failure to clean up after their pet caused your fall
Of course, accident liability is not always limited to just one party.
Legal Responsibility for Sidewalk Slip and Fall Accidents Involving the City
Not every sidewalk falls under a private property owner’s responsibility. Your slip and fall lawyer in New York may want to evaluate whether the city or county bears liability for your sidewalk accident. The city is generally responsible for sidewalks adjacent to:
- One-, two-, or three-family owner-occupied homes used for residential purposes
- Municipal buildings, parks, and other government-owned properties
- Subway entrances and other transit-related infrastructure
According to the New York City Comptroller’s Office, residents filed 2,350 sidewalk-related personal injury claims in New York City in 2023. With the prevalence of these incidents around the city, the question of legal responsibility for sidewalk slip and fall accidents may come up.
Suing the city for an accident that happens on a publicly owned sidewalk involves strict procedural rules. You will need to file your Notice of Claim within 90 days of the accident, and you generally have one year after that to pursue legal action if this claim cannot be resolved. Since many sidewalks are adjacent to property of the city, county, or state, it may be helpful to consult a local slip and fall lawyer in New York for guidance.
How a Slip and Fall Attorney Approaches Premises Liability for Sidewalk Accidents in New York
Sidewalk injury claims are usually part of premises liability law, which holds owners and occupiers accountable for their property’s unsafe conditions. New York’s slip and fall laws require that the injured party establish several key elements:
- A dangerous condition existed, such as broken pavement, ice, or debris.
- The responsible party knew or should have known about the hazard and failed to address it.
- The hazard caused your injury or direct harm.
According to the New York State Department of Health, fall injuries caused over 78,000 hospitalizations and over 182,000 emergency department visits in the state in 2023. These figures demonstrate that hazardous surfaces can be a genuine public safety concern, not just a legal technicality.
Compensation for Sidewalk Slip and Fall Injuries in NYC
If you sustain injuries in a sidewalk accident, a slip and fall lawyer in New York can help you evaluate what compensation may be available through a personal injury claim. Recoverable damages can vary depending on the severity of your injuries and the facts of your case.
According to the New York State Department of Health, more than 155,000 people in New York are hospitalized annually due to injuries, and the medical costs associated with these injuries can be substantial. A slip and fall attorney can evaluate the details of your situation to identify which parties may be liable and advise you on possible legal options. Compensation may include items like recovery for medical expenses, lost income, and pain and suffering.
Contact Wohlgemuth Law Firm PLLC’s Personal Injury Lawyer in New York for Guidance After Your Sidewalk Slip and Fall
When it comes to slip and fall accidents on NYC sidewalks, liability can be complex. Understanding how to prove negligence in New York slip and fall accidents may help you build a stronger case.
The Wohlgemuth Law Firm PLLC represents individuals with injuries due to negligent property maintenance across the region. If you need a slip and fall lawyer in New York, call us today at (718) 474-9100 to discuss your case and learn more about the claims process.
Frequently Asked Questions About Sidewalk Slip and Fall Accidents in New York
Here are answers to some common questions about sidewalk injury claims in New York.
How Long Do You Have To File a Sidewalk Injury Claim in New York?
The statute of limitations for personal injury claims that reference commercial or private property in New York is three years. If it happened on property owned by a public entity, the injured party only has 90 days to file a notice, and one year after that to initiate a lawsuit.
What Evidence Might a Slip and Fall Accident Lawyer in New York Use?
Your lawyer may use photographs of the hazard, witness statements, maintenance records, and medical documentation. These items are all types of evidence that can support a sidewalk injury claim in New York.
Can You File a Claim If You Were Partially at Fault for the Fall?
Yes, New York follows a pure comparative negligence rule, so you may still pursue damages even if you were partially responsible for the accident.
What Can a Personal Injury Lawyer in New York Do for a Slip and Fall Case?
Your slip and fall lawyer in New York may investigate the cause of your accident, identify liable parties, and represent your interests throughout the claims process.
