A recent court case highlights the importance of documenting the location of any slip and fall you may have suffered accurately and in a timely fashion. The court case in question centered on the raised lip of a sidewalk cellar door in front of a building owned by East 91 Realty Corp. The victim in the case argued that the lip caught their foot and caused them to fall. This is a classic example of one of the many sidewalk cellar door accidents in New York City which injure hundreds every year.
The judge who heard the case didn’t believe that the lip was raised enough to pose a hazard and dismissed the case.
Property owners may be responsible for injuries you may have suffered because of their negligence but proving that liability in court can be difficult. Any evidence you have to back up your claim can only make your case stronger.
Expert sidewalk cellar door accident attorneys recommend documenting the accident site immediately. Liability can hinge upon factors like:
•· Weather conditions
•· Trip hazards such as debris (snow, leaves, etc.)
•· Foot traffic patterns
•· Temporary barriers
For example, if sub-zero temperatures has caused a sidewalk to remain icy, it becomes a trip hazard that must be clearly marked or blocked off. However, if you wait to document the accident site and the weather improves, the ice will melt and now you no longer have objective proof that the sidewalk was dangerous.
Similarly, if the accident was caused by a trip hazard (raised or cracked sidewalk), waiting to document the site would give the property owner time to fix the defect.
If you have been injured in a sidewalk cellar door accident in New York City, you need a lawyer. Proving that a sidewalk was dangerous can be difficult and it’s best to have an expert on your side. Call the Law Offices of Nussin S. Fogel for a free consultation at (800) 734-9338 or (212) 385-1122.