Are Injuries From Defective Sidewalks the City’s Responsibility?

Are Injuries From Defective Sidewalks the City’s Responsibility?

In the State of New York, there are more than 11 million registered vehicles. On any given day, you may notice thousands of cars passing the roads where you walk. A sidewalk should provide a safe place for pedestrians to stay out of traffic.

Unfortunately, sidewalks are the scene of many accidents in New York City. People with serious injuries are rushed to emergency rooms, sometimes resulting in thousands of dollars in medical bills. In some sad cases, sidewalk accident victims lose their lives.

At Hill & Moin, we understand the financial devastation that accompanies many accidents. Our attorneys can determine who has the legal responsibility for sidewalk defects. Our diligent pursuit of personal injury compensation makes many clients feel like they have a lawyer in the family.

Schedule your free consultation with our compassionate personal injury team today. You can reach a NYC representative 24 hours, 7 days a week, so call us now.

How to Interpret the NYC Administrative Code

An administrative code is a collection of city laws that describe the responsibilities of property owners. The code sets regulations for New York sidewalks to ensure they are safe for walking, using wheelchairs, and pushing strollers.

Rules for commercial property and buildings used for residential purposes

Residential and commercial property owners are responsible for installing and maintaining sidewalks adjacent to their properties. The sidewalks must be kept in a safe condition.

What might sidewalk maintenance responsibilities include? Suppose the sidewalks around their New York City business are broken or raised. The abutting property owners should promptly repair or replace the defective sidewalk flags.

Regulations that apply to city-owned property

New York City owns some sidewalks. It is responsible for maintaining public sidewalks adjacent to:

• Certain residential properties, like public housing projects and shelters
• Public hospitals and schools
• The perimeters of pavement around public parks
• Libraries
• NYC Agency office buildings
• Overpasses, bridges, and traffic medians

The City of New York also replaces millions of square feet of sidewalks in neighborhoods composed mostly of one-, two-, or three-family residential properties.

The City of New York’s Trees & Sidewalks Repair Program can help repair severe issues caused by trees. You can report broken, collapsed, or otherwise damaged sidewalks and defective curbs via NYC311.

When Property Owners Are Held Liable

Sidewalks must be installed according to city specifications. Deviations, like using nonstandard materials, can result in penalties. City officials and the Department of Transportation may also issue citations for sidewalk defects.

Violations include, but are not limited to, hazardous conditions such as:

• Potholes or collapsed sections
• Missing, loose, or unstable sections
• Empty spaces (e.g., gaps, voids) below sidewalk flags
• Uneven surfaces caused by tree roots
• Jutting patchwork or hardware
• Tripping hazards like trash or other debris
• Improper drainage, often due to improper slope
• Unlicensed sidewalk cafes

Property owners must remove snow, ice, and dirt from the sidewalk when necessary. If another party causes damage, the property owner is still responsible for fixing it and paying any related fines.

If you face this issue, follow these steps:

• Document the damage and its source
• Contact the borough’s permit office to search for construction permits issued on the property if you do not know the source of the damage
• Repair and restore the damaged area
• Keep your receipts for the repair costs

Once you know who caused the dangerous condition, you can seek repayment. If a city worker or contractor caused the damage, you can file a claim against the City of New York – but you have limited time to do so.

Private contractors or utility workers sometimes damage sidewalks, creating pedestrian trip and fall hazards. You will have to pursue reimbursement from them directly. Yet, filing a claim does not guarantee a settlement.

Besides fines, ignoring unsafe or broken sidewalk flags may lead to problems. Seemingly minor issues can cause major trip-and-fall accidents. According to the City of New York, “holes as small as 1 inch in diameter or sidewalk squares or flags raised as little as ½ inch can cause injuries.”

Property owners may be liable if a sidewalk accident occurs when they did not address sidewalk defects abutting their property. The property owner’s personal injury and property damage insurance may cover the damages. The NYC administrative code states that the city is not liable for injuries caused by “the failure of an owner to comply” with these rules.

When the City Can Be Held Liable

Suppose that New York City was responsible for a specific stretch of sidewalk. You suffered an accident because the city failed to remove hazards in a timely manner. You could receive compensation, but you must prove the city to be at fault.

Constructive notice is a legal principle that could help prove liability. It means the responsible party knew or should have known of a dangerous condition but failed to take reasonable steps to correct it. In our example, your lawyer might consider the following questions to ensure the right party is held liable:

• Was it a public sidewalk?
• Did someone give the city prior written notice of the problem?
• Should the issue have been discovered during routine city inspections?
• Did the city give prior notice that the issue would be fixed but miss the deadline?
• Was the repair work improperly done?
• Was the issue described in public reports?
• Are there witnesses who can describe the long-term hazardous condition of the sidewalks?

If you can demonstrate that the government failed to take the proper steps to fix a known problem, it can strengthen your case for compensation.

Why You Should Hire a New York City Personal Injury Attorney

If you are recovering from a sidewalk accident, you may feel overwhelmed by medical bills, lost income, and legal questions. An experienced personal injury attorney can help you make sense of your options. You deserve to know your rights and have someone who understands the law and cares about your future by your side.

Knowledge and resources

Does it seem impossible to determine the liable party under the NYC administrative code? An experienced New York personal injury lawyer can demystify the complex rules of sidewalk maintenance, providing you with peace of mind. An attorney who understands city regulations can handle complicated issues, like exceptions for owner-occupied one- to three-family residential properties.

A New York legal team can investigate the sidewalk accident scene and collect compelling evidence that may seem out of your reach, including:

• Photos and videos
• Witness statements
• City repair records
• Proof of any prior complaints or notices of sidewalk defects

With this evidence, your lawyer can help show that a property owner or other responsible party should be held liable for the injuries you suffered.

Easier recovery

Legal cases in NYC take time and energy. Serious injuries like broken bones or other harm from a trip-and-fall can make even simple tasks more difficult.

Having a personal injury lawyer means you do not have to carry the burden alone. Your attorney can handle the legal system while you can focus on rest, treatment, and getting back to your life.

No upfront payments

Contingency fees remove the financial barriers of hiring a lawyer. For you, that means you can start your case immediately without any out-of-pocket costs. You pay only if your lawyer wins or settles.

Discover Your Rights During Your Free Consultation

In New York, keeping sidewalks safe should be everyone’s priority. In certain circumstances, the law places responsibility on a property owner, the city, or another party responsible for maintaining the area. If you were hurt because of sidewalk defects, filing a claim against the liable party can relieve your financial losses.

At Hill & Moin, we know that every case is different. Our Personal Injury Recovery SolutionsⓇ take your needs into consideration when preparing your case. Would you like to learn more?

Take the first step toward justice and schedule a free case review today. New York City laws and deadlines limit the time to take legal action for injuries caused by sidewalk defects.

Don’t wonder about your rights!