Sidewalks are essential to transportation around NYC, as millions of New Yorkers walk to work and other destinations each day. When sidewalks aren’t properly maintained, pedestrians can trip and fall, suffering serious injuries.
If you were injured due to a raised sidewalk, understanding who was responsible for maintaining that sidewalk and whether they may be liable for your accident is key to exploring your legal options. A sidewalk accident lawyer in NYC can review your case and guide your next steps.
Understanding Raised Sidewalk Accidents in NYC
Over 12,000 miles of sidewalks allow pedestrians to traverse around New York City, creating one of the largest pedestrian networks in the world. New Yorkers make good use of these sidewalks, as approximately 41% of trips citywide are made on foot, compared to just 28% made by vehicle.
Foot traffic is often dense on NYC sidewalks, making it hard to avoid tripping hazards like raised sidewalks. These conditions can pose hazards to hundreds or even thousands of passersby if left unaddressed.
Flat concrete sidewalks can become uneven over time as the ground beneath the slabs naturally shifts. The NYC Department of Transportation (DOT) considers raised and uneven sidewalk flags, or the concrete slabs that make up the sidewalk, to be defects that must be addressed to avoid injuries. An elevation difference of just one-half inch between sidewalk flags is often enough to receive a sidewalk violation from the City.
Are Property Owners Responsible for Sidewalk Maintenance in NYC?
Sidewalk defects can cause serious injuries, so property owners should repair them promptly. But who is required to schedule or perform these repairs?
According to the NYC 311 website, property owners must maintain sidewalks next to their property. This includes performing general maintenance to keep sidewalks safe and free of defects, cracks, and snow.
The City issues sidewalk violations for issues like:
- Gaps or voids below the sidewalk flags
- Loose, uneven, cracked, or missing sections
- Patchwork or hardware sticking out
- Improper slope, causing drainage issues
Meanwhile, the City no longer issues violations for sidewalks abutting one-, two-, and three-family properties that were damaged by City trees.
If a property owner receives a Notice of Violation and agrees with it, they should hire an approved contractor to make the necessary repairs. If they fail to repair the sidewalk within 75 days, DOT may perform the work and bill the owner.
When Raised Sidewalk Accidents Can Give Rise to Liability Cases
Property owners are responsible for repairing the sidewalks next to their properties, but does this make them liable for injuries that occur? In most cases, yes. Under premises liability law, property owners are generally liable for personal injuries caused by failing to maintain the sidewalk.
The main exception is owners of one-, two-, or three-family owner-occupied residential properties. These owners typically are not liable for personal injury caused solely by sidewalk defects unless the defect resulted from their own negligence.
To have a valid premises liability claim against a property owner, you would generally need to prove that:
- The property owner had actual or constructive notice of the raised sidewalk hazard.
- The property owner failed to repair or mitigate the hazard.
- You suffered injuries directly due to the raised sidewalk.
What if the City Was Liable for the Sidewalk Injury?
If the City was responsible for repairing that stretch of sidewalk, you may have a claim against the City instead. You must follow specific guidelines for filing municipal premises liability claims in New York.
You must first submit a formal Notice of Claim within 90 days of the accident, and missing this deadline could permanently bar your case. You also have only one year and 90 days from the date of the incident to file a lawsuit, which is much shorter than the standard three-year limit for personal injury cases.
To prove premises liability, you would generally need to show that the City had prior written notice of the sidewalk defect, unless it was created by the City’s negligence. An NYC sidewalk accident lawyer can help you explore your options for pursuing a case against the City.
Pursuing a Premises Liability Case Against a Property Owner
If you can establish that a property owner was liable for your raised sidewalk accident, your first step may be pursuing a claim through the owner’s liability insurance. Many property owners, including those with mortgages, must carry this coverage. Others may voluntarily carry it to protect themselves against liability.
If an insurance claim does not fully cover your accident damages, you may consider a personal injury lawsuit. This could allow you to pursue both economic and non-economic damages. The former may include medical expenses, lost wages, and loss of future earning capacity. The latter might cover the non-monetary costs of the accident, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
What if You Are Found Partially At Fault for Your Own Injuries?
New York follows a pure comparative negligence doctrine that allows multiple parties to be held partially liable for premises liability incidents. The insurance company or court may assign you a percentage of the liability determination if you in some way contributed to your own accident, such as:
- Your shoes were loose, increasing your risk of tripping.
- You were texting at the time and not watching where you were going.
- You were distracted by something happening on the street.
If you are assigned a percentage of liability, your compensation award would be reduced by that amount. New York’s pure comparative negligence doctrine allows you to pursue compensation even if you are 99% responsible for the accident. But in that case, you would only be eligible to seek 1% of your damages.
A sidewalk accident attorney in New York can help you understand whether liability determinations may impact your potential payout.
Consult a Sidewalk Accident Lawyer in NYC
If you were injured in a sidewalk trip-and-fall accident, exploring potential liable parties is a key step in seeking compensation. Ross & Hill provides legal representation and support for clients injured in premises liability accidents. Contact our NYC sidewalk accident lawyers today at 646-351-6222 to request a free consultation.
Frequently Asked Questions
What if you had pre-existing injuries that contributed to the severity of your sidewalk accident injuries?
If you had pre-existing injuries that contributed to the severity of your sidewalk accident, this likely will not impact your ability to pursue a premises liability claim. New York’s eggshell plaintiff rule dictates that a negligent defendant must take an accident victim “as they find them.” The defendant is fully liable for all injuries caused by the accident, even if a person’s medical condition predisposed them to that level of harm.
How much compensation can you seek after falling on a sidewalk?
If you can prove premises liability after falling on a sidewalk, you may be able to seek both economic and non-economic damages. The former account for your actual costs incurred from the accident, like medical bills and lost wages. The latter help make up for the physical and emotional toll the accident has placed on you.
How can you prove actual or constructive notice in a sidewalk accident case?
You can support claims of actual or constructive notice of sidewalk defects through photos or videos of the hazardous sidewalk condition, witness testimony, or even Notice of Violations from the City. Your NYC sidewalk accident lawyer can help you explore all avenues for gathering evidence to build a strong case.
