Concrete surfaces, especially the pathway in front of residential and commercial property, must be well maintained. Neglecting sidewalk upkeep can lead to the formation of deep cracks, potholes, and uneven surfaces and cause trip-and-fall accidents among pedestrians.
People suffering from personal injuries can file a lawsuit against the responsible party. The responsibility of maintaining sidewalks in NYC can vary. In some cases, property owners are responsible for tripping accidents, while in others, the city government is responsible.
Property owners can hire professionals to fix the damaged sidewalks and save themselves from heavy fines. However, in cases of negligence in concrete repair, they will have to fight against the lawsuit.
In this article, we will help you understand whom to sue when you experience a sidewalk accident.
New York Premises Liability Law
New York premises liability law dictates that it is the property owner’s legal duty to maintain their properties in a safe condition. It includes repairing cracked cement and smoothing out uneven surfaces.
If the property in question is in a reasonably safe condition, the owner will not be considered liable for the injuries. An injured person must be able to prove the following to win the lawsuit:
The property owner was unable to keep the sidewalks safe for the public
Owners caused the defective condition or knew about the defect but didn’t repair it properly.
The hazards on the sidewalks were directly responsible for causing the injury.
The injury must have resulted in economic loss, pain, and suffering.
What to Do After a Sidewalk Accident?
From the date of the slip and trip, the victim has about three years to take legal action against the property owner. However, the sooner the victim files the claim, the stronger it will be.
After facing the accident, the victim can take the following actions to get help:
Call the ambulance, document all the injuries, and record all medical opinions
Take photos and videos of the location of the accident as proof that the place was unsafe.
Record statements to keep it safe, as you might forget the incident.
Collect the contact details of the witnesses and get a statement from them.
Collect records of pain and suffering from the date of the accident.
Consult a personal injury attorney in NYC
Filling a Case Against NYC Government
Maintaining the sidewalks is the responsibility of the property owners but in some cases, the city is liable for injuries. Following are a few reasons why the city might be liable for your falls on damaged sidewalks:
The sidewalk is adjacent to public property or public area
The public pathway is not maintained as per city standards
The sidewalk doesn't have clear construction markings and notices
Damages to sidewalks near the construction zone
Maintaining sidewalks adjacent to public properties, including government and municipal departments, is also the government’s responsibility. If someone gets injured over it, they have the right to sue the city.
Filling a Case Against NYC Property Owner
As per NYC DOT regulations, property owners are responsible for maintaining the sidewalks adjacent to their property. If someone trips or falls over private residential or commercial property, they can file a case against the property owners.
To file a case, the injured person must have proof of the tripping hazard. To get the proof, you can use surveillance technology and programs like Google Maps, etc. Moreover, DOT violations and complaint calls are also a testament that the sidewalk is damaged.
In such cases, you can file a complaint against the property owner and if proven, can win the case.
Advice for the Property Owners
If the sidewalks are damaged on your property and you want to avoid potential trip and fall accidents, take immediate action to fix the damaged sidewalks. Hiring professional concrete repair contractors will allow you to make your sidewalks safe and accessible for everyone to use.
With years of knowledge and experience in the field, professionals remove the tripping hazards as per city guidelines and save you from heavy fines and legal liabilities.
Conclusion
Getting injured on the damaged sidewalks leads to physical and emotional pain and expensive hospital bills. Filling out a complaint and suing the relevant person can help you get compensation for your suffering.
We hope this article clarifies how to sue the responsible party for a sidewalk trip and fall. Hiring a personal injury lawyer is an efficient choice to make this process easier for you.
