A woman was seriously injured after falling into a pit in a parking lot and now NYC may be on the hook for her injuries. This New York City sidewalk accident happened after a snow plowing company dislodged a metal platform covering a cavern allowing access to an underground storage tank situated in a parking lot. While the parking lot in question was leased to a fitness club from the City of New York, the City may still end up being partially liable for the woman’s medical expenses and lost wages.
The issue at hand stems from the fact that the City still exercised control over the parking lot by virtue of an agreement which allowed them to inspect and use it in conjunction with special events held nearby. Absent this agreement, control over the parking lot (and thus the legal liability) would have rested primarily with the fitness club and not the City. However, according to at least one court decision, because of the agreement, the City could not claim that it legally surrendered control of the lot prior to the victim tumbling into the subterranean cavern.
Parking lots are regarded much the same as private sidewalks and building lobbies. Under the law, the responsibility for a private sidewalk, parking lot or building accident in New York would normally fall on the shoulders of the property owner. Liability for this unusual premises accident in New York is not so clear because of the issue of control of the parking lot.
Moreover, because of the arrangement the fitness club had with NYC and that the cavern was uncovered by a contractor clearing snow, the victim will have a much more complicated claim stemming from this sidewalk accident in New York City.
If you’ve been injured in a sidewalk, parking lot or building accident in New York City, retaining an experienced New York City sidewalk accident attorney is the best way to get the compensation you deserve. Call the Law Offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 for your free consultation.