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New York City's sidewalks are the arteries of this bustling metropolis. They teem with life, energy, and, unfortunately, hazards that can lead to serious injuries. At Arye, Lustig & Sassower, P.C., we understand the physical, emotional, and financial toll a sidewalk accident can have on individuals and their families. With over 50 years of experience in personal injury law, our team is dedicated to helping victims of sidewalk accidents navigate the complex legal landscape of New York City to secure the compensation they rightfully deserve.
Arye, Lustig & Sassower, P.C. is uniquely positioned to assist victims in navigating the aftermath of such incidents. Understanding the legal landscape and securing rightful compensation can be daunting for those injured on New York City's sidewalks. Here’s how our dedicated team of sidewalk accident lawyers can be instrumental in your case:
The laws governing sidewalk accidents in New York City are intricate. There are specific regulations regarding who is liable for maintaining certain sections of the sidewalk and the timeframes within which injured parties must act. Our seasoned personal injury attorneys are well-versed in these legal nuances. We handle every aspect of the legal process, from filing claims within statutory deadlines to negotiating with property owners and their insurance companies.
There are often strict deadlines for filing claims in cases involving governmental entities like the city. For example, there may be a 90-day window to file a notice of claim in New York. Missing these deadlines can jeopardize your case. A sidewalk accident lawyer can try to make sure all necessary paperwork is filed correctly and on time.
Determining liability in a sidewalk accident can be challenging, especially when multiple parties are involved. For example, if someone is caused to fall while alighting from a bus in New York City at a bus stop with a defective sidewalk, there is potential liability on both the bus company (e.g., NYCTA) and the City. Separate Notices of Claim would be required for each in order to preserve the possible claims.
Sidewalk accidents can result in significant physical, emotional, and financial hardships. A NYC sidewalk accident attorney can help you pursue maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.
Our initial step involves a thorough evaluation of your case. We listen attentively to your account of the incident, review any evidence you collected, and provide a clear, honest assessment of your legal options. This evaluation is crucial for setting the groundwork for your claim.
A sidewalk accident lawyer is your advocate, fighting to protect your rights and interests. We negotiate with insurance companies, represent you in court if necessary, and work tirelessly to achieve the best possible outcome for your case.
Legal representation is essential in personal injury lawsuits to navigate legal complexities, identify liable parties, meet strict deadlines, maximize compensation, and advocate for your rights. If you are an injured on a NYC sidewalk, don't hesitate to seek experienced legal counsel to help you through this challenging time.
In New York City, determining liability for sidewalk accidents involves navigating a complex legal framework that considers multiple factors, including the location of the sidewalk, the nature of the property it abuts, and specific local laws. Generally, liability can fall on the City of New York, private property owners, utilities, or other entities responsible for sidewalk maintenance.
Traditionally, the City was responsible for maintaining all public sidewalks in a reasonably safe condition. However, laws were enacted that limited the City’s liability to only those sidewalk defects where the City had received prior written notice. Then the City further limited its responsibility by enacting new laws (effective September 15, 2023) that transferred the City’s duty to maintain sidewalks to the abutting property owners, and made those property owners responsible for any injuries arising from sidewalk defects – except for owners of 1-,2-, or 3-family residential property that is owner-occupied and used exclusively for residential purposes. When the exception for 1-, 2-, or 3-family residential property applies, the City generally remains responsible. With this legislative framework in effect, we can consider liability as follows:
● Private Property Owners: In most cases, the New York City Administrative Code requires property owners (subject to the exception for 1-,2-, or 3-family residential property) to maintain the sidewalks abutting their property in reasonably safe condition. This includes repairing cracked, broken, or uneven sidewalks and removing snow, ice, and debris. Property owners can be liable for accidents and injuries resulting from failing to maintain the sidewalk.
● City-Owned Property: For sidewalks adjacent to city-owned properties (such as parks, schools, or government buildings), or for sidewalks abutting 1-,2-, or 3--family residential properties that satisfy the exception, the City of New York may be directly responsible for maintenance and, consequently, liable for accidents.
● Utility Companies and Other Entities: In some cases, utility companies or other entities that work on or under sidewalks might temporarily assume responsibility for their condition. These entities could be held liable if their work leads to unsafe conditions that cause an accident; and if they install grates, manholes, boxes or anything else in a sidewalk, they are required to maintain what they own, as well as the 12 inches surrounding that installation.
● Special Rules for Snow and Ice: New York City has specific ordinances regarding property owners' removal of snow and ice. Failure to comply with these rules within a certain timeframe after a snowfall can result in liability for slip-and-fall accidents.
Proving liability in sidewalk accidents requires demonstrating that the responsible party knew or should have known about the hazardous condition and failed to take appropriate action to remedy it. This can involve showing negligence in sidewalk maintenance, inspection, or repair.
New York follows the rule of "comparative negligence," which means that if the injured party is found to be partially responsible for the accident (e.g., not paying attention to where they were walking), their compensation may be reduced by their percentage of fault.
Here are some of the most frequent causes of sidewalk accidents in New York City:
Over time, sidewalks can become uneven or cracked due to weather conditions, tree roots growing underneath them, or general wear and tear. These irregularities can easily trip pedestrians, leading to falls and injuries.
Slippery conditions, especially due to ice and snow, are significant hazards in New York City. Property owners are responsible for clearing sidewalks within a certain timeframe after a snowfall, but failure to do so can result in slick surfaces that increase the risk of slip-and-fall accidents.
Construction projects are a constant in New York City, including repairs and upgrades to sidewalks themselves. When construction zones are poorly executed or inadequately marked, pedestrians may not be properly warned of potential hazards, leading to accidents.
Sidewalks cluttered with debris, garbage, fallen tree branches, or other obstructions can pose tripping hazards. Property owners and the city are responsible for exercising reasonable care to keep sidewalks clear to ensure pedestrian safety.
Poorly lit sidewalks can obscure vision, making it difficult for pedestrians to see uneven surfaces, obstacles, or other dangers that could cause an accident, especially during nighttime.
Although more commonly associated with roadways, potholes, and sinkholes can also form on sidewalks, presenting significant pedestrian tripping hazards. These can develop due to water damage, substandard construction, or natural wear.
Utility covers and broken, missing, or improperly fitted grates can catch a pedestrian's foot and lead to falls. The city department or utility company responsible should regularly inspect and maintain them. The owner of any grate, manhole, box or anything else installed in a public sidewalk is required to maintain what they own, as well as the 12 inches surrounding the installation.
While cycling is a green and efficient way to navigate the city, cyclists riding on sidewalks pose a significant risk to pedestrians. Bicycles' high speed and sometimes unpredictable movements can lead to collisions with pedestrians, causing injuries. This is especially concerning in areas with high pedestrian traffic, and sidewalks are not designated for bike use.
The surge in popularity of food delivery services has led to an increase in delivery personnel using e-bikes and electric scooters on sidewalks. Although these modes of transportation allow for quick delivery times, they can be hazardous to pedestrians, particularly when used recklessly or at high speeds on crowded sidewalks.
Bicycles, e-bikes, and electric scooters that are improperly parked or abandoned can obstruct pedestrian pathways, creating tripping hazards. This issue is exacerbated by the rise of bike and scooter-sharing services, where users may not be conscientious about where they leave these vehicles.
Sidewalk accidents in New York City can lead to a range of injuries, some of which may have long-term consequences. The nature of these injuries often depends on the circumstances of the fall or collision, including the force of impact and the victim's physical condition. Here are some common injuries that individuals may sustain from sidewalk accidents:
For victims facing recovery from these injuries, legal assistance can be crucial in navigating the complexities of compensation claims. Arye, Lustig & Sassower, P.C. offers guidance and advocacy to ensure injured parties receive the compensation they deserve. Contact us for a free consultation.
If you've been involved in a sidewalk accident in New York City, the steps you take immediately afterward can significantly affect your ability to recover compensation for your injuries. As a firm deeply experienced in navigating the complexities of personal injury claims, Arye, Lustig & Sassower, P.C. advises the following crucial steps to protect your rights and interests:
Your health is the top priority. Even if you believe your injuries are minor, symptoms can appear or worsen hours or days after the accident. A medical professional can provide a comprehensive evaluation and document your injuries, which is crucial for any potential legal claim.
Sidewalk accident claims can be complex, involving city regulations and potential claims against property owners or other parties. An experienced sidewalk accident lawyer can provide invaluable guidance, helping you understand your legal options and the best course of action.
Take photos or videos of the accident scene, including the hazardous condition that caused your fall, any visible injuries, and the surrounding area. Gather names and contact information of witnesses. Keep a detailed account of the accident, your injuries, and any medical treatment you receive.
Be careful not to make statements that could be interpreted as admitting fault for the accident, including to witnesses, the property owner, or insurance companies. The determination of fault should be left to a thorough investigation.
Insurance companies or property owners may offer a quick settlement. It's essential to consult with a personal injury attorney before accepting any offers, as they may not fully cover the extent of your injuries or future medical needs.
Keep all documentation of the accident and your injuries, including medical records, reports, and correspondence with any involved parties. This evidence will be crucial in building a strong compensation case.
Adhere to the treatment plan recommended by your healthcare provider. Failing to follow medical advice can hinder your recovery and affect the outcome of your legal claim.
Be aware that there are statutes of limitations for filing a personal injury claim in New York. Waiting too long to file can result in losing your right to sue for damages. Therefore, it is important to consult with an experienced sidewalk accident lawyer immediately.
After sustaining an injury in a sidewalk accident in New York City, understanding the types of compensation you may be entitled to is crucial. The law aims to restore you, as much as possible, to your position before the accident. Compensation in personal injury cases can be broad and varies depending on the specifics of each case.
These are compensation for financial losses directly resulting from the accident.
These compensations are for losses that are not financial but still significantly impact your life.
In rare cases, punitive damages might be awarded if the defendant's actions were particularly reckless or egregious. These are not meant to compensate the victim but rather to punish the defendant and deter similar conduct in the future.
If a sidewalk accident results in fatal injuries, the victim's family may be entitled to wrongful death damages, which can include funeral and burial costs, loss of income and support, and compensation for the loss of companionship and loss of nurture and guidance.
Suffering from an injury due to a sidewalk accident can leave you feeling overwhelmed and uncertain about the future. You don't have to navigate this challenging time alone. At Arye, Lustig & Sassower, P.C., we're committed to providing you with the legal representation you need to secure the compensation you deserve. With our experienced team by your side, you can focus on your recovery while we handle the complexities of your case.
Contact us today for a free consultation. Discover how we can assist you in achieving justice and financial security following your sidewalk accident. Your journey towards recovery and compensation starts with a call.
When navigating the aftermath of a sidewalk accident in New York City, victims often have numerous questions about their rights, the legal process, and what they can expect moving forward.
Liability for sidewalk accidents in NYC often falls on the property owner adjacent to where the accident occurred. This includes private individuals, businesses, and, in some cases, the city itself, depending on the location and cause of the accident. Determining liability can be complex and depends on specific factors such as the accident's cause and the property owner's knowledge of the hazardous condition.
First, seek medical attention for your injuries. Then, if possible, document the scene with photos or videos, including the hazard that caused the accident. Collect contact information from any witnesses and report the accident to the property owner or the city. Finally, consult with a personal injury attorney to discuss your legal options.
In New York, the statute of limitations for personal injury claims is generally three years from the accident date. However, if your claim is against a city, county, or other governmental entity, you have only 90 days to file a notice of claim and one year and 90 days from the accident to file a lawsuit. Given these tight deadlines, consulting an attorney as soon as possible is crucial.
Yes, New York follows a "comparative negligence" rule, meaning that you can still recover compensation even if you are partially at fault for the accident. However, your compensation may be reduced by your percentage of fault.
Victims of sidewalk accidents may be entitled to various types of compensation, including economic damages (such as medical bills and lost wages), non-economic damages (such as pain and suffering and emotional distress), and, in rare cases, punitive damages.
While you are not required to have a personal injury attorney, sidewalk accident claims can be complex, involving intricate legal and regulatory issues. An experienced personal injury attorney can provide invaluable assistance in navigating these complexities, establishing liability, and maximizing your compensation.
Most personal injury lawyers, including Arye, Lustig & Sassower, P.C., work on a contingency fee basis. This means you pay no upfront fees. The lawyer's fee is a percentage of the compensation you receive from your claim. You do not pay attorney's fees if you do not win your case.
Claims against the City of New York require adhering to specific procedural rules, which generally includes filing a notice of claim within 90 days of the accident. These cases are subject to unique challenges and deadlines, making it even more critical to have experienced legal representation.
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