In New York City, sidewalks are virtually everywhere, providing a safe space for pedestrians and other vulnerable road users to navigate the roadways without endangering anyone else. In the Big Apple, many people walk instead of driving to reduce their carbon footprint and maintain an active lifestyle. However, severe accidents and injuries can occur when sidewalks are not adequately maintained by those who are obligated to do so. In such cases, injured parties often wonder whether they can take legal action against the city for the damages they’ve incurred. Please continue reading to learn whether slips and falls on public sidewalks are the city’s responsibility and how a reliable Bronx Sidewalk Accident Lawyer can help you navigate your legal options.
Are Slip and Falls on Public Sidewalks the City’s Responsibility?
In New York, if a business privately owns a sidewalk, that party must regularly maintain their sidewalks, ensuring they’re in good condition to prevent accidents and injuries. If the sidewalk is public, which adjoins a public road, it is on publicly owned property. This means that a public entity controls it. Therefore, liability for a slip and fall on a public sidewalk may attach to the government entity responsible for maintaining the sidewalk. If a municipality fails to keep the sidewalks they are responsible for reasonably clear of hazardous defects or conditions that might cause injury, they can be held accountable for their negligence.
How long do I have to pursue legal action for my injuries in New York?
New York imposes a very strict 90-day notice period for an accident victim to file their claim against another party to seek reasonable compensation for their economic and non-economic damages. The statute of limitations for filing a claim against a municipality is much shorter, as victims typically have three years from the accident date. However, you cannot take legal action against a municipality unless you file a Notice of Claim within the fixed deadline after the accident. This legal document provides advanced notice to the government entity before the commencement of an actual lawsuit that it may be subject to a claim for damages. Failure to file a Notice of Claim on time will result in the dismissal of your case and the absolute bar of recovery.
Contact a determined Bronx sidewalk accident lawyer to ensure you file your claim within the right timeframe. At James Newman, P.C., we are prepared to help you fight to obtain the just compensation you deserve and need to get back on your feet. Allow our firm to represent your interests today.