When Does a Slip and Fall on the Sidewalk Lead to a Personal Injury Lawsuit?

Not every fall on a New York City sidewalk results in a personal injury claim. In order to hold an individual or an entity accountable for slip and fall injuries, the injured victim must prove the defendant’s negligence in the cause of the accident. It is highly recommended that you speak with a personal injury attorney with experience handling sidewalk accident cases to discuss your case in more detail and learn more about your legal options for pursuing compensation.

Some of the questions that your personal injury attorney may ask you could include the location of the sidewalk where you fell, what condition caused the fall, was anyone present when the fall occurred, who owned the property adjacent to the sidewalk, and whether or not your actions contributed to the accident.

What Should You Do After a Slip and Fall Accident on a NYC Sidewalk?

If you have been injured after a slip and fall on a New York sidewalk, you must first seek immediate medical attention. Call 911 for emergency medical assistance. Your medical records following the accident could prove to be valuable evidence in support of your case.

While you are still at the scene of the accident, take photographs or videos of your injuries, any personal property that might have been damaged, and the dangerous conditions that caused it, such as ice or broken cement.

If anyone was present when you fell and hurt yourself, attempt to speak to these witnesses and get their testimony about what happened. Additionally, look around for surveillance cameras in the vicinity. If there are any cameras pointing your way, you may be able to obtain footage of the slip and fall accident that could help your case.

It’s important to keep and preserve all medical records, police reports, medication prescriptions, and other relevant evidence following an accident injury.

If you have not done so already, now is the time to contact an experienced slip-and-fall accident lawyer for legal assistance. Our law firm has extensive experience representing clients in complex personal injury cases, including premises liability claims and slip and fall accident lawsuits. To learn more about our legal services, please get in touch with our law firm for a free initial consultation.

Who is Responsible for Slip and Fall Sidewalk Accident Injuries in New York City?

New York City’s Sidewalk Law states that the owner of real estate property adjacent to a sidewalk is responsible for maintaining that sidewalk in front of the property. These responsibilities include the removal of snow and ice, repairing cracks in the sidewalk, and keeping the sidewalk free of dangerous debris.

Additionally, New York City law states that owners of property adjacent to sidewalks will be held liable for injuries resulting from failing to maintain those sidewalks safely.

However, certain exceptions apply. The municipality could be held responsible instead of the adjacent property owner in certain cases. For example, the city of New York may be held liable for damages if they were responsible for causing or creating the defect in the sidewalk.

What is Not Considered Part of the Sidewalk and Who is Responsible?

If you were injured in a fall on public property or on a street owned by the government, you could potentially be able to hold the local government liable for damages. Like resident property owners, government entities are required to maintain sidewalks in safe and clean conditions.

New York courts have held that the sidewalk does not include the actual curb because the curb was not intended for pedestrians to walk along. Under this understanding of the law, the local municipality will remain responsible for dangerous or defective curbs.

Additionally, civil liability is not imposed upon property owners for injuries that occur in city-owned tree wells.

What Other Legal Considerations May Affect Liability in Sidewalk Accident Cases?

The New York City Sidewalk Law does not apply to one-, two-, or three-family residential real estate property that is partially or wholly occupied by the owner and used exclusively for residential purposes.

What is a Premises Liability Case?

Premises liability is a legal term that holds property owners responsible for compensating for accident injuries that occur on or inside their buildings and lands under certain circumstances. Premises liability claims can arise from several different types of scenarios, but a large number of such claims involve slip-and-fall accident injuries.

The plaintiff has the burden of proof to establish the existence of certain facts relevant to their lawsuit if they are to be awarded financial recovery by a jury of their peers.

How to Prove Negligence in a Sidewalk Slip and Fall Case?

Proving negligence in a New York City sidewalk accident case involves the following:

  • The adjacent property owner had a duty of care to maintain a sidewalk in a safe condition for lawful pedestrians
  • The property owner breached this duty of care by failing to take reasonable steps to repair or remove dangerous conditions
  • As a result of this breach of duty, the victim suffered injuries and financial losses

Schedule a Free Case Evaluation with Experienced NYC Personal Injury Attorneys Today

Slip and fall accident injuries are fairly common in New York City. But despite the commonality, injured victims still deserve the right to seek justice and financial compensation for their pain and suffering.

To win your slip-and-fall accident case, you must prove the at-fault party’s liability and negligence. This can be a complex process, one that is made easier with the help of professional legal representation.

Contact our law firm to speak with our personal injury lawyers in a free, no-obligation case evaluation today. You may reach us at 718-957-8695.