There are hundreds of miles of sidewalks in New York City. Unfortunately, some have broken or cracked flagstones and others are uneven. All of which can cause serious trip and fall accidents. In some circumstances, pedestrians who have been hurt by a defective sidewalk in New York City can now hold the adjacent property owners financially liable for their injuries.
The NYDOT states that: “Section 7-210 of the New York City Administrative Code makes property owners potentially liable for personal injuries caused by their failure to maintain reasonably safe sidewalks.” This amendment took effect in 2013 and pertains to all commercial properties or residences which are home to more than three families, owner occupied and used exclusively for residential purposes. The City of New York still remains responsible for all other sidewalks. However, it’s still essential to prove that the City had prior written notice of the sidewalk defect in order to establish liability.
Liability against a private property owner cases hinges upon whether or not the property owner knew or should have known about the defect. Generally, this is not difficult to prove because the defect is in clear view and can be seen just by walking on the sidewalk. Even in the case of an out of possession property owner, an injured party can prove knowledge of the defect by showing that when the sidewalk was cleaned or when the owner came to collect rent or do repairs, he or she would have had to pass over the defect. The Courts have even permitted a photograph of the defect to be shown to the jury for their determination whether the defect looked old enough for the property owner or even the City to have discovered and repaired the defect.
If you’ve been hurt in a slip and fall accident caused by a defective sidewalk in New York, having a lawyer on your side is essential to proving liability. Contact the experienced New York City sidewalk accident attorneys at the Law offices of Nussin S. Fogel. Call 800-734-9338 or 212-385-1122 right now.