New York City sidewalks are notorious for being rough, but even so, you likely never expected to become a victim of a sidewalk accident. If you experienced serious injuries after slipping, tripping, or falling on an NYC sidewalk, you may have the right to compensation. Your case hinges on your ability to prove another party’s negligence in your accident.
Working with an experienced sidewalk injury attorney can help you build a strong claim or lawsuit. Learn how sidewalk accident lawyers in NYC prove negligence.
Common Causes of Sidewalk Accidents in NYC
If you have lived in NYC for some time, you likely agree that walking down the sidewalk isn’t always a pleasant experience. Sidewalks are often congested, cracked, and littered with trash. One researcher even studied how confining NYC sidewalks can be, finding that those in Times Square are seven times more claustrophobic than the average density across the city, among other observations.
Still, the city is home to over 12,000 miles of sidewalk, and your commute likely requires some walking. Sidewalk accidents can quickly occur for many reasons, such as the following:
- Cracks or uneven pavement: When sidewalks are not maintained properly, they can quickly succumb to NYC’s heavy foot traffic. Cracks, splits, and uneven pavement make sidewalks unsafe to walk on, often causing pedestrians to trip and fall.
- Ice: Clearing ice and slush from NYC sidewalks is the responsibility of the property owner. If you slip and fall on an icy sidewalk, the property owner may be negligent.
- Car accidents: Pedestrian accidents have become increasingly common in NYC. In the first six months of 2024, over 4,000 people were injured in pedestrian accidents. That’s up 141 injuries from the same period in the previous year. Sometimes, pedestrians are struck by cars even when they are on sidewalks.
- Inadequate lighting: NYC has a reputation for being well-lit at night, but many neighborhoods do not have adequate lighting. Countless residents must walk down sidewalks as part of their commute home, and inadequate lighting can quickly lead to slip-and-fall accidents.
Determining the cause of your sidewalk accident is the first step in proving negligence. A sidewalk injury attorney can help you pinpoint the events that led to your accident.
Possible Negligent Parties in a Sidewalk Accident
Sometimes, falls occur simply because you tripped over your own two feet. But if a hazard led to your injury, you may be able to hold another party liable.
A pedestrian accident lawyer can help you explore possible negligent parties in your accident. A few examples may include:
- The property owner: If the property owner failed to clear snow and ice off their sidewalk or remove another hazard that was their responsibility, they may be responsible for your sidewalk injury. This is especially true if the sidewalk was clearly located on their private property rather than a public walkway.
- The city: The city is responsible for maintaining sidewalks on city-owned property. If you tripped over uneven pavement on a public walkway, you may be able to hold the city liable.
- A driver: If a driver struck you while on a sidewalk or caused an accident that led to your sidewalk injury, they may be negligent.
- A sidewalk repair company: Perhaps the property owner hired a repair company to fix a stretch of sidewalk, yet the company failed to perform long-lasting repairs, leading to deterioration that caused you to trip. The company may be negligent in your accident.
The Four Elements of Negligence in a Sidewalk Injury Case
A slip-and-fall attorney must prove four basic elements to have a sound personal injury case:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred due to the breach.
- You suffered damages in the accident.
The way your personal injury lawyer proves these elements depends largely on your type of case. Sidewalk injuries may involve premises liability cases, car accidents, or other case types.
In slip-and-fall cases, a property owner automatically owes you a duty of care if you were lawfully on their property, meaning you were not trespassing. Walking down a property owner’s stretch of sidewalk generally isn’t trespassing.
Meanwhile, drivers owe other drivers and pedestrians a duty of care. A person breaches their duty of care when they fail to take reasonable measures to protect you from harm. If the driver violated traffic laws, your sidewalk injury attorney likely won’t have any trouble proving that they breached their duty of care to you.
In the case of a broken sidewalk or slippery pavement, the party responsible for maintaining the sidewalk breaches their duty of care by not fixing the hazard that causes you to trip.
How a Sidewalk Injury Attorney Proves Negligence
Your sidewalk injury attorney can collect evidence to prove each of the four elements of negligence. Compelling evidence may include:
- Photos and videos of the accident scene
- Witness testimonies
- Accident reports from previous incidents in the same area
- Photos or videos showing that the hazard had existed for some time without the property owner’s interference
- A copy of the incident report
- Medical records showing the damages you incurred from the accident
- References to the definition of sidewalk defects that can be cited with violations, per section 19-152 of the New York City Administrative Code
By gathering as much evidence as possible, your trip hazard lawyer can build a strong case against the at-fault party and show the insurance company, judge, or jury why the negligent party owes you compensation.
New York follows a comparative negligence policy for personal injury cases. This means multiple parties can be partially at fault for an accident. If the insurer assigns you a percentage of fault, such as 30%, your compensation award will only cover 70% of your damages. Work with an experienced attorney who can help you minimize your fault percentage and maximize your compensation.
Ross & Hill: Your Premises Liability Attorneys in NYC
If you want to collect compensation for your sidewalk injury claim, you need an experienced attorney to be your trusted public walkway advocate. At Ross & Hill, we help clients across NYC prove negligence in a range of personal injury claims. Whether your sidewalk injury was the result of a premises liability incident, a pedestrian accident, or another personal injury event, we can pursue compensation on your behalf.
To learn more about hiring a sidewalk accident lawyer or request a free case evaluation from our sidewalk injury attorneys, contact Ross & Hill today at 646-351-6222.
Frequently Asked Questions
Who is responsible for sidewalk repairs in NYC?
Property owners, tenants, and anyone in charge of a building are responsible for sidewalk repairs in NYC. The city is also responsible for repairs on public property. If a property owner fails to adequately maintain their sidewalk, the city can issue a citation.
Can you sue NYC for falling on the sidewalk?
You can sue NYC for falling on the sidewalk if the city was responsible for maintaining that stretch of sidewalk and your accident occurred from a breach of duty of care. A sidewalk injury attorney can assess the details surrounding your accident and determine whether negligence was at play. If so, you may have the right to seek compensation through an insurance claim or lawsuit.
What is the statute of limitations for negligence in NYC?
The statute of limitations for negligence in NYC varies depending on the type of claim. However, the deadline for slip and fall claims and car accident cases is three years from the date of the accident.
