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If you suffered injuries due to falling on a public sidewalk in New York, you might be wondering whether you can sue for your injuries. The answer is yes, but it is crucial to understand the legal requirements and factors you must prove to resolve your claim successfully. Sidewalk accident claims are complicated because they are public property. However, local regulations mandate property owners to be responsible for maintenance issues. Before you can sue for your injuries, you must determine the cause of your accident and who is legally responsible.
Rather than try to handle a slip and fall accident independently, contact attorney Anthony A. Ferrante. Mr.Ferrante is an experienced premises liability lawyer in New York. He understands the complicated nature of these claims and can help you determine whether you have a valid claim for damages.
Proving Negligence in a New York Sidewalk Slip and Fall Claim
Proving negligence in a sidewalk injury case requires you to provide evidence of the following:
- The property owner had a duty to maintain the sidewalk in a safe condition;
- They breached this duty by failing to take reasonable steps to repair or remove hazards; and
- This breach of duty caused your injuries and financial losses.
To prove that a property owner owed you a duty, you must show that they were responsible for maintaining the sidewalk in question. In some cities, such as New York City, specific administrative codes address legal responsibility, shifting responsibility from the city to individual property owners.
To prove that the property owner breached their duty, you must show that they knew or should have known about the hazardous condition on the sidewalk and failed to take reasonable steps to fix it. That may require gathering evidence such as photographs, witness statements, and expert testimony.
In addition, New York State’s laws also have a “comparative negligence” rule, which means that if you are partly responsible for the accident, your potential settlement will be lower. Your percentage of fault will reduce the overall amount you can receive. It’s crucial to fully understand the laws and regulations that apply to sidewalk injuries to determine the feasibility of a claim.
New York Sidewalk Laws
In New York City, § 7-210 of the Administrative Code is also known as the “Sidewalk Law.” It states that the owner of real property adjacent to a sidewalk is responsible for maintaining the sidewalk in front of the property. This responsibility includes removing snow and ice, repairing cracks, and keeping the sidewalk free of debris.
Additionally, § 19-152 of the Administrative Code is the “Duties And Obligations of Property Owners.” It states that owners of property adjacent to the sidewalks are liable for any injury resulting from the failure to maintain sidewalks adjacent to their property in a safe condition.
These administrative codes indicate that your primary source of recovery could be against the property owner rather than the city. However, some exceptions exist, meaning the municipality could be responsible. To prove that the municipality’s negligence caused your injuries, you must show it had prior written notice of the hazardous condition.
Statute of Limitations for Slip and Fall Accidents on New York Sidewalks
It is also essential to understand specific time limits for filing a lawsuit in New York. The timeline will vary depending on whether your claim involves the property owner or the municipality. In standard premises liability cases, you typically have three years from the accident date to file a lawsuit. However, there are some exceptions. One of these exceptions involves claims against government municipalities. You must file a Notice of Claim within 90 days of the date of the accident. Failure to do so means you might be barred from any recovery. That’s why hiring a New York slip and fall accident lawyer is crucial.
Contact Attorney Anthony A. Ferrante
When you suffer injuries from falling on a public sidewalk in New York, you might be able to sue for your injuries. However, you can only collect compensation if you can prove another party is responsible for your injuries. Because these claims are complicated and deadlines might be short, we recommend seeking legal advice immediately.
Mr. Ferrante understands the serious nature of these claims and how to build a solid case for liability. Please contact our office right away to schedule an initial consultation. Let Mr. Ferrante review your case and help you identify all potential sources of recovery.