If you were injured in a sidewalk accident in Queens, the Bronx, or anywhere in New York City, you may be entitled to financial compensation for medical expenses, lost wages, and other financial harm you’ve suffered as a result. However, it’s important to understand that liability depends on whether or not the entity responsible for the sidewalk, whether it be the City or a property owner, maintained reasonably safe conditions. Understanding the common causes of sidewalk accidents can help ensure you take the necessary steps to recover the compensation you deserve for the damages you have endured as a result of another party’s negligence.
What Can Cause a Sidewalk Accident in New York City?
You may be surprised to learn that most property owners are unaware that they are generally responsible for ensuring that the sidewalks adjacent to their property are maintained for passing pedestrians. Some of the most common causes of sidewalk accidents stem from this negligence, and can include issues such as loose debris, standing water, uneven surfaces, potholes, and weather-related hazards, such as snow, left unattended past a reasonably acceptable period of time.
In New York City, sidewalk maintenance obligations generally fall on the adjacent property owner rather than the city, in accordance with NYC Administrative Code § 7-20.
Common Causes of Sidewalk Accidents
- Debris, like garbage, equipment, and other loose objects
- Standing water
- Uneven surfaces
- Snow left past a reasonable time
- Potholes
- Broken or cracked sidewalk slabs
- Tree root damage causing the sidewalks to lift
- Improper or incomplete repairs
- Ice accumulation not properly treated
Who Is Responsible for a Sidewalk Accident in New York?
Determining liability for the damages you have suffered is one of the most important parts of filing a sidewalk accident claim in New York. This is because responsibility for maintenance generally falls to private property owners, and in some cases, municipalities.
Parties That May Ultimately Face Liability
- Adjacent property owners
- Commercial property owners, in accordance with NYC Administrative Code § 7-20
- In some instances, municipalities
- Contractors responsible for maintenance and repairs
- Property managers
How Do I Recover Financial Compensation After A New York Sidewalk Accident?
The first thing you will have to do is hire an experienced attorney who is capable of determining whether a municipality or a private sidewalk owner is liable for the injuries you have sustained. Once your attorney has determined who is in charge of keeping the sidewalk hazard-free, he or she can then begin gathering and assembling evidence to prove that the accident was, indeed, their fault.
To prove your personal injury claim, your attorney will work to obtain pictures or videos of the accident, witness testimony verifying your claim, police reports documenting the incident, pictures of the safety hazard that caused the accident, medical documents detailing the origin and extent of your injuries, and more.
Evidence Used to Prove a Sidewalk Accident Claim
- Pictures and videos of the accident
- Witness testimony corroborating your account of the incident
- Police reports
- Photos and videos of the hazardous conditions
- Medical records linking your injuries to the accident
- Prior complaints regarding the condition of the sidewalk
- Maintenance and inspection records
What Compensation Can Be Recovered After an NYC Sidewalk Accident?
If you are hurt on a negligently maintained sidewalk in Queens, the Bronx, or anywhere in the Five Boroughs, you can suffer serious damage as a result of your injuries. However, it’s important to understand that you can seek compensation for the economic and non-economic damages you have suffered as a result of the negligence of another party.
Types of Compensation Available
- Medical expenses, including ongoing and future care
- Lost wages and reduced earning capacity
- Physical therapy and rehabilitation
- Scarring and disfiguration
- Permanent disability
- Loss of enjoyment of life
- Pain and suffering
What Is the Statute of Limitations for Personal Injury Claims in New York State?
The phrase “statute of limitations” simply describes the window of time you have to take legal action against another person. Since the statute of limitations for personal injury claims in New York is three years, you will have three years from the date of your accident to file a premises liability lawsuit against a negligent party. If you wait any longer than the legally acceptable period of time, you will most likely be denied your right to sue. Our firm is ready to begin fighting for the compensation you need to get back on your feet again.
Contact Our Experienced New York Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.