Sidewalk Accident Lawyer New York
What is a Sidewalk Accident?
An unmaintained sidewalk can be dangerous to the citizens who must walk on it. Sidewalk accidents can be caused by a multitude of conditions, and most of the time they result in a slip and fall or a trip and fall accident. Sidewalk accidents are usually caused by one of the following unsafe walking conditions:
- Snow or ice on the sidewalk
- Missing piece of sidewalk
- Cracked or loosened sidewalk
- Unsecure piece of sidewalk
- A sidewalk that seesaws or tilts
- A tripping hazard caused by uneven elevation by more than ½ inch
- Improper sloping of the sidewalk
- Improper drainage of the sidewalk
- Improper patchwork of the sidewalk
- Improper placement of the sidewalk
- A hole in the sidewalk
- Accumulation of debris or dirt
How common are Sidewalk Accidents?
With more than 13,000 miles of sidewalks in New York City alone, the occurrence of sidewalk defects in the state of New York are frightening. According to the New York Times, there are more than 700,000 new sidewalk defects each year. Without the proper maintenance these defects can result in serious personal injury to the citizens of New York. Proof of this is New York City’s pay out of approximately $50 million annually to families that have been injured by sidewalk defects.
Have you, a family member, or a close friend been injured in a New York sidewalk accident? Did a negligent property owner fail to follow New York rules and safety regulations for sidewalks? A serious injury may lead to unaffordable medical expenses, lost wages and pain and suffering. Contact a New York Sidewalk Accident Lawyer at Finz & Finz P.C. today to recover the compensation you deserve for your accident injuries. Simply fill out a Free Sidewalk Accident Case Evaluation form or call toll free (855) TOP-FIRM. There is always someone at the Finz Firm here to help.
When is the Landlord at Fault?
Prior to September 2003 the city of New York was required to maintain every piece of sidewalk in NYC. This meant that New York City was at fault if someone was injured as a result of improper maintenance or construction of a sidewalk. Because New York City was liable for all damages, citizens riddled the city with thousands of lawsuits each year. However, to reduce the burden of lawsuits New York City passed an amendment to Administrative Code 7-210 in September 2003 that shifted most of the sidewalk accident liability to New York City landlords.
It is now the responsibility of the property owner to maintain a safe sidewalk in front of his property. Administrative Code 7-210 applies to all commercial property as well as residential property that is not used for residential purposes. Code 7-210 also applies to any property that houses more than three families.
When is New York City at Fault?
Although New York City has shifted most of the liability in sidewalk accidents to NYC landlords, there are some situations when NYC is still at fault. New York City is legally obligated to maintain sidewalks in front of property that houses three or less families, is owner occupied and used exclusively for residential purposes.
If New York City is at fault it is very important to contact an attorney immediately. A written notice of claim must be presented to the city of New York within 90 days of the accident.
What you should do if a Sidewalk Accident Has Occurred
If a sidewalk accident has occurred it is important to seek the necessary medical attention immediately. If the accident was caused, in whole or in part, by another party you should seek the assistance of an attorney.
It is important to file an accident report with the local police department. The following information should be included:
- Date and Time of the accident
- Exact location of the accident, listing cross streets and estimated distance from landmarks
- Witness names and contact information should be obtained
- Detailed description of your injury should be recorded
- Identify the exact cause of your injury
- Document the defective condition of the sidewalk with pictures
A detailed accident report and photographs of the defect will help validate your claim in a sidewalk accident lawsuit.
Legal Help for Sidewalk Accident Victims
Sorting out who is at fault and what compensation is deserved in a New York Sidewalk Accident can be difficult. If you or someone you know has suffered from a serious injury caused by a defect in a sidewalk you should contact an experienced New York Sidewalk Accident Lawyer at the Finz Firm today for a Free Sidewalk Accident Case Evaluation or simply call toll free at (855) TOP-FIRM.