If you live in NYC, sidewalks are your lifeline. New York City is considered a highly walkable city, but this depends on the sidewalks being in safe condition. If you tripped and fell on uneven sidewalks or pavement, exploring your legal options can help you understand how to move forward.
Can you sue after a trip-and-fall accident on uneven pavement? Let an experienced trip-and-fall lawyer in NYC evaluate your accident case and help you understand your options.
Understanding Trip-and-Fall Accidents Due to Uneven Pavement
New York City has more than 12,750 miles of sidewalks, and they receive a lot of use. In Midtown Manhattan, more than 1,697 pedestrians use the sidewalks per hour during peak foot traffic times. Even in less busy areas of the city, this number is well over 200.
When sidewalks are not maintained to the necessary standards, trip-and-fall accidents can easily occur. Several issues can lead to uneven pavement in NYC:
- Wear and tear due to heavy foot traffic
- Tree root upheaval
- Freeze-thaw weather cycles
- Poor construction or repair jobs
- Damage from construction vehicles
Who Is Responsible for Maintaining Sidewalks and Pavement in NYC?
Sidewalks can and will deteriorate without the proper maintenance and upkeep. So, who is responsible for maintaining sidewalks in NYC?
According to NYC.gov, property owners are responsible for maintaining, installing, and repairing sidewalks adjacent to their properties. They could face violations for loose, cracked, or uneven sidewalks, along with other issues that can create tripping hazards. When property owners receive a Notice of Violation, they are responsible for hiring a licensed contractor to perform the repair work.
When sidewalk damage occurs due to city trees, the city may be responsible for repairing the damage and addressing tree root issues. The city may also address sidewalk defects that the property owner does not repair within 75 days of issuing a violation notice, then bill the property owner for the repair.
When Is a Property Owner Liable for Uneven Pavement Accidents?
If you were injured on uneven pavement in NYC, you may be able to hold either the property owner or the city liable through a negligence claim, depending on a few factors.
- How long the hazard existed: The property owner must have reasonably known, or should have known, about the uneven pavement through actual or constructive knowledge. If the pavement just became cracked and the property owner didn’t reasonably have time to learn about the problem, they may not be liable.
- Whether the uneven pavement directly contributed to the injury: You would need to prove, with the help of a trip-and-fall lawyer in NYC, that the uneven pavement directly caused your accident and injuries. This means showing that your injuries were not attributed to another cause and that the same accident could have reasonably happened to someone else in your position.
- There were no measures in place to mitigate the hazard: Sidewalk repairs can take some time, but the property owner may have been responsible for placing signage or other barriers around the uneven pavement to prevent injury.
New York City sidewalks are generally not completely flat and even, and small amounts of unevenness may not require repair. But if a sidewalk was significantly damaged or posed a serious safety hazard, the property owner or the City may be liable for accidents.
What Compensation Can You Seek After a Sidewalk Injury?
If you can prove that another party was liable for your sidewalk accident, you may be able to pursue a premises liability insurance claim or lawsuit.
In a liability insurance claim, you can generally seek reimbursement for your expenses related to the accident, such as medical bills or time off work. In a personal injury lawsuit, you may also be able to claim non-economic damages, such as pain and suffering or loss of quality of life.
If you are pursuing a claim against the City of New York, you must adhere to tight deadlines. You have 90 days to file a formal Notice of Claim before proceeding with a lawsuit. Missing this deadline could bar you from pursuing compensation.
A New York trip-and-fall lawyer can help you understand your options for seeking compensation and guide you through the legal process.
Consult Our Personal Injury Law Firm in New York
Experiencing an injury due to someone else’s negligence can be extremely frustrating. Perhaps you feel that if the property owner had just maintained their sidewalk, you would still be happy and healthy. While pursuing a claim won’t turn back the clock, it can provide you with peace of mind as you move forward from this incident.
A trip-and-fall lawyer in NYC can help you understand the differences between premises liability and personal injury and explore all of your options for seeking compensation. At Ross & Hill, we represent accident victims across the city. Schedule a free consultation with a trip-and-fall attorney today by calling 646-351-6222.
Frequently Asked Questions
How much compensation can you expect for a fall on pavement?
The amount of compensation you can seek for a fall on pavement depends on whether or not you can prove negligence and how severe your injuries are. A trip-and-fall lawyer in NYC can evaluate your accident details and help you understand your potential case value.
What is the statute of limitations for a trip-and-fall claim in NY?
The statute of limitations for trip-and-fall and other premises liability claims is generally three years from the accident date in New York. It’s often a good idea to speak with an attorney sooner rather than later to avoid missing this deadline and preserve evidence related to your case.
How can a trip-and-fall lawyer in NYC assist you with your case?
A trip-and-fall lawyer can assist with your case by filing all legal and court documents, gathering evidence to support your claim against the opposing party, communicating with other parties on your behalf, and providing legal guidance through the entire process. You can focus on recovering from your injuries while your attorney handles as much of the case as possible for you.
