In New York City there are numerous uneven sidewalks, or sidewalks with raised flagstones. Unfortunately, these sidewalk conditions can cause pedestrian slip and falls, or bicycle accidents, leading to serious personal injury.
Uneven sidewalks or raised flagstones in sidewalks can be caused by abutting tree roots, below standard construction and design, environmental factors, and other reasons. At first thought, one may assume that the City is responsible for all sidewalk maintenance and repair and any accidents that occur from sidewalks in disrepair. However, the City is only responsible where the adjoining property is a one, two or three family residential dwelling, is owner occupied and is used exclusively for residential purposes. For those properties that are greater than three family dwellings or are commercial in nature (office and apartment buildings), the adjoining property owner will be responsible for the sidewalk.
Liability in New York City Slip and Fall Accidents
In New York, office and apartment building owners are responsible for the maintenance and repair of sidewalks adjoining their properties, and possess the sole responsibility to maintain the adjoining sidewalks in a reasonably safe condition. New York courts have also ruled that the building owner's responsibility for sidewalk maintenance may not be delegated to others, i.e., the City. If adjoining sidewalks are not properly maintained by the building owners, the owners may be held liable for trips, slips, falls or bicycle accidents.
If you are a victim of a personal injury resulting from an uneven sidewalk, or a sidewalk with raised flagstones, seeking advice from an experienced personal injury attorney is in your best interest. The attorney can help determine if you have a viable negligence claim action against the building owner.
Contact the Law Offices of Nussin S. Fogel to Discuss Your Injury
The Law Offices of Nussin S. Fogel specializes in premises liability and personal injury actions. We will provide guidance and counsel to help resolve the accident victim's medical and financial issues, never losing sight of the victim's plight. We will seek the maximum recovery for pain and suffering, medical and hospital expenses, and any lost wages/income resulting from the accident. The initial consultation is free and a fee is only charged if the claim against the city or property owner is successful. Call for an appointment toll-free at 888-391-8664, locally at 646-736-2777, or via email.