When those responsible for maintaining sidewalks neglect their duties, the resulting sidewalk hazards can cause serious accidents and devastating injuries. If you’ve been injured in a sidewalk accident in New York, it’s crucial to understand your rights and legal options. Please continue reading to learn who can be held liable for your damages and how an experienced Bronx Sidewalk Accident Lawyer can help you fight for the compensation you deserve.
What Are the Most Common Sidewalk Hazards?
Sidewalk conditions that are ignored can deteriorate over time and become increasingly unsafe, posing a significant risk to pedestrians. When sidewalks are poorly maintained, individuals are more likely to trip, fall, and sustain injuries, which can range from minor cuts and bruises to severe fractures, head trauma, and spinal cord damage. The responsibility for sidewalk maintenance can vary depending on local laws and regulations. The following include, but are by no means limited to the most common sidewalk hazards:
- Uneven, cracked, and raised surfaces
- Slippery surfaces
- Loose debris
- Inclement weather (snow, ice, sleet, standing water, etc.)
- Inadequate lighting
- Obstructions (trash cans, bicycles, construction materials)
Who Can Be Held Liable for My Damages?
When pursuing legal action for injuries sustained on a sidewalk, it’s crucial to determine who was responsible for maintaining the sidewalk where the accident happened. In New York, property owners are required to keep sidewalks safe and free of hazards. While the adjacent property owner is typically liable for accidents on their premises, in some cases, the responsibility may fall on the local municipality or government.
Some municipalities have ordinances that explicitly assign responsibility for sidewalk maintenance to the local government. In addition, sidewalks that are adjacent to government properties are usually maintained by the government. Sidewalks that are heavily used by the public or are part of a larger public infrastructure may also be the responsibility of the municipality. If a government agency is responsible for maintaining the sidewalk that caused your injury, you must file a formal notice of claim within 90 days of the accident. This informs the government agency they may be subject to a lawsuit and provides them time to investigate the merits of a claim.
Accurately determining the responsible party for maintaining the sidewalk is crucial. Filing a claim against the wrong party can result in delays, the dismissal of the case, and additional costs. Therefore, it’s essential to enlist the help of a determined lawyer from James Newman, P.C., who can conduct a thorough investigation to identify the liable party and ensure you file your claim within the right timeframe. Connect with our firm today to learn how we can help you fight for the justice you deserve.
