You may visit New York City parks for all sorts of reasons: relaxation, recreation, and simply walking to work. Probably the last thing on your mind when you do so is a potential injury. However, as any premises liability lawyer in NYC knows, accidents happen all too often in public spaces.
Perhaps you tripped over an uneven sidewalk, fell down a crumbling staircase, or were hit by a falling tree branch. Can you sue the city for your medical bills and lost wages? In this post, an experienced New York premises liability lawyer discusses what you need to know about seeking compensation for injuries in public parks.
What Is a Premises Liability Claim?
In the United States, over 17.4 million medically consulted preventable injuries occurred in public spaces in 2022. Some of the leading causes of preventable injury-related deaths in public places are falls, drowning, and suffocation.
Premises liability claims seek to hold property owners accountable for accidents occurring on their premises. This includes government-owned spaces like parks, public transport, and city sidewalks. It also includes privately owned spaces like retail stores, hotels, and restaurants.
Property owners, whether private or public, have a duty of care to keep their premises reasonably safe for visitors. When they don’t, you can sue them for your injuries. Successful premises liability claims require you to demonstrate the following:
- The defendant owned or maintained the property
- The defendant knew (or should have known) about the dangerous condition that caused your injury
- The defendant failed to fix the problem or warn the public about the hazard
- The hazard directly caused your injury
- You sustained financial, physical, and/or psychological losses from your injury
If you prove the above elements against the property owner or manager, they may owe you financial compensation.
Premise Liability Claims for Accidents on Public Property
When using a public park in NYC, you can help keep yourself safe by staying aware of your surroundings, exercising reasonable caution, and following applicable rules and regulations. However, accidents still happen.
New York law typically gives victims three years to file lawsuits for personal injury accidents, such as slip and falls, pedestrian accidents, and bicycle crashes. However, lawsuits against the government follow different rules than against private parties.
You must first file a notice of claim with the New York City Comptroller within 90 days of your accident. The city will investigate your claim and either pay it or deny it. If the city denies it or offers a settlement amount that won’t cover your damages, you can file a lawsuit. You have only one year and 90 days to do so.
A knowledgeable New York premises liability lawyer can help you understand and follow the complex regulations involved in government lawsuits.
Compensation for Injuries in New York Parks
According to 2023 data, 85% of New Yorkers live within walking distance of a park. The majority of visits to public parks are likely trouble-free. However, if you are injured due to the negligence of the City of New York (or any other property owner), state law entitles you to seek fair compensation for your losses.
Personal injury compensation typically falls into two broad categories:
Economic Damages
Economic damages refer to the financial consequences of your accident. These include the following:
- Medical expenses (past and future)
- Rehabilitation costs
- In-home assistance
- Long-term nursing care
- Medications
- Lost wages and benefits
- Diminished future earning potential
- Other out-of-pocket expenses, such as medical supplies, transportation to healthcare appointments, and necessary modifications to your home
Non-Economic Damages
Non-economic damages refer to the pain and suffering that victims may experience after an accident. While they are harder to calculate in dollars, they often have a significant impact on the outcome of a case. Non-economic damages include the following:
- Physical pain
- Mental anguish
- Emotional distress
- Future pain and suffering
- Reduced quality of life
- Loss of enjoyment of life
- Serious scarring and disfigurement
- Permanent impairments and disabilities
Past medical bills and lost income are relatively easy to demonstrate, but other damages are harder to prove. An attorney will help you calculate the value of more complex losses such as pain and suffering, future medical expenses, and diminished earning capacity.
Contact a New York Premises Liability Attorney Today
Every year, 1.5 million New Yorkers are treated in the ER. More than 155,000 are hurt severely enough to require hospitalization, and nearly 8,000 die from their injuries. If you or a family member has been hurt in New York City, let Ross & Hill help you seek justice and compensation.
Our highly respected New York premises liability lawyers will work hard to protect your rights and advocate for your interests. We are skilled in gathering evidence, negotiating with insurance companies, and proving negligence in premises liability claims. In fact, our accident law firm has archived over $100 million on behalf of our clients.
Contact us 24/7 for a free consultation on your premises liability case.
Frequently Asked Questions
Can I sue New York City if I was hurt in a public park?
Yes, you can sue New York City if you were hurt in a public park. A successful claim must demonstrate that your injury was caused due to the city’s negligence. Claims against the government have special requirements, so consult a New York premises liability lawyer for assistance.
What should I do if I am hurt at a NYC park?
If you are hurt in a public park, you should first document the scene. This includes calling the police, requesting witness contact information, and taking photos of the conditions that caused your accident. Next, seek medical attention and contact a New York premises liability lawyer as soon as possible.
How long does a NY premises liability claim take?
NY premises liability claims can take anywhere from a couple of months to several years. The timeline depends on the facts of the case, including the extent of your injuries, the losses you incurred, and the parties’ willingness to settle.
