Visiting the big city can be filled with lots of fun experiences. The vibrant streets of New York City are always an adventure, but the cracked sidewalks pose a potential hazard. This can mean that if you’re not paying attention, it might lead to an accident.
If you’ve taken a tumble on uneven pavement, you might be wondering who is technically responsible. The situation can get tedious trying to work through the details. It’s important to understand where to start before going around and questioning different entities.
Property Owners
In a city that never sleeps, property owners, whether homeowners or businesses, bear the primary responsibility for sidewalk maintenance. They have a responsibility to keep their establishment safe for those who want to walk around.
That means they need to inspect everything that goes on around the area, especially the sidewalk. So, if you trip and fall on a cracked sidewalk, the adjacent property owner might be the one held accountable for your injuries. Hold on, though—this rule doesn’t apply to certain residential properties.
The Sidewalk Law Unveiled
The Sidewalk Law is meant for property owners and their responsibility to keep the sidewalk clear and safe. It’s designed to help the city work on the sidewalks and to ensure that everyone is good to walk around the area. This helps those who are involved in sidewalk slip-and-falls and to point out who is liable.
However, it is not always a walk in park. Determining property ownership boundaries can be murky, and understanding who should maintain what requires some detective work in property records and city ordinances.
City’s Sidewalk Inspection Program
To stay one step ahead, NYC has a sidewalk inspection program. This is meant to try and limit the number of slip-and-fall accidents that are bound to happen on these busy sidewalks.
Property owners must regularly inspect and promptly repair any sidewalk defects. If they aren’t keeping up with inspections, they run the risk of receiving fines and penalties. Even with all the help, there’s still a slight chance of dealing with an accident.
Reaching Out to a Legal Team
If a cracked sidewalk in NYC has left you with nursing injuries, knowing your rights is crucial. Working with a personal injury lawyer can give you the help you need. These professionals know what to look out for and how to keep you protected.
They can go over your accident and see what went wrong. If they need to, your attorney will go to court and fight on your behalf. Meeting statutory deadlines for filing claims is vital, as NYC has strict time limits for personal injury lawsuits.
Proving Liability
Determining who’s to blame in a trip and fall case involves considering factors like the crack’s location, how long it’s been there, and the property owner’s knowledge. This all requires the details that you provide when you first meet with your lawyer.
If, for instance, a tree root caused the crack, the City might be responsible for maintenance. On the flip side, a negligent property owner failing to fix a known hazard could face liability.
Gathering Evidence
To prove liability, evidence is your ally. It’s important to take pictures of the accident and the location where it happened. If you sustained obvious injuries, be sure to take pictures of those immediately.
Document the scene promptly, seek medical attention right away, and connect your injuries to the accident. With this type of evidence, you’ll be able to build a strong case. Don’t throw away any of the clothing you wore that day, as that can be used as evidence to help your claim.
Determining liability in a trip and fall case involves various considerations. You have a right to have all of your expenses covered if this accident could have been avoided. The best way to work through who is liable is by collecting evidence and bringing it to a trusted legal team.
They will review what you have and see if your case is strong enough. If it is, then your attorney will guide you through the process and fight for you. With their help, you’ll receive the compensation you need from the right person and work on your recovery.
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