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Who is Liable for Slip and Fall Accidents on NYC Sidewalks?

Who is Liable for Slip and Fall Accidents on NYC Sidewalks?

New York City sidewalks are often quite crowded. Millions of people live in the city, and millions more visit every year. People aren’t the only things that fill sidewalks either. The average NYC sidewalk also has dogs, scaffolding, hotdog carts, tables, chairs, potholes, subway entrances, and other things that can trip you up. 

The result of all this crowding is that many people in New York experience slip-and-fall accidents every year. Typically, when you slip and fall on private property, the property owner may be responsible for your injury under premises liability laws. But who is accountable when you fall on a public sidewalk? 

FAQ: Slip and Fall Accidents on New York City Sidewalks 

Who is responsible for a slip and fall on a New York City sidewalk?

In most cases, the property owner adjacent to the sidewalk is responsible for keeping it safe and clear of hazards like snow, ice, or debris. However, if the accident happens near public property or subway entrances, the City of New York may be liable. 

Can I sue New York City for a sidewalk injury?

Yes, but the process is more complex than suing a private property owner. You must file a Notice of Claim within 90 days of your injury and then have one year and 90 days to file your lawsuit. Consulting an experienced NYC slip and fall lawyer quickly is crucial. 

What if another person caused my fall?

If another pedestrian’s negligence caused your accident—such as a dog owner not cleaning up after their pet or someone behaving recklessly—you may be able to hold that individual accountable for your injuries. 

How do I prove who was at fault for my sidewalk fall?

Evidence like photos of the hazard, witness statements, and maintenance or city inspection records can help determine liability. A skilled personal injury attorney can investigate and identify whether a property owner, private party, or the city is responsible. 

What should I do after a slip and fall accident in NYC?

Seek medical attention immediately, report the incident, and document the area where you fell. Then, contact a New York slip and fall lawyer to protect your rights and pursue compensation before important deadlines expire. 

When Private Parties Are Liable 

In some circumstances, private parties may be liable for your injuries, even though you fell on a public sidewalk. This happens when the actions of those private parties negligently contributed to your fall. 

Premises Owners 

Typically, premises owners are responsible for maintaining portions of the sidewalk directly adjacent to a building they own or manage. Thus, an owner is expected to clear the sidewalk of ice, snow, or other hazards that could cause someone to slip. 

Similarly, if the sidewalk was damaged in a way that could cause someone to slip, the owner would be obligated to report the damage to the city so it could fix it. Until that report is made, the owner would be responsible for anyone slipping due to the sidewalk damage. 

Premises owners can also be responsible if they put some type of hazard on the sidewalk. For example, a grocery store owner might put a fruit receptacle outside the store to help sell fruit. If any fruit fell on the ground and created a slipping danger, the store owner would be responsible. 

Other Pedestrians 

There are several reasons that dog owners are required to clean up after their dogs after they defecate. One of those reasons is that dog poop can create a slipping hazard. If you slip and fall due to someone’s dog urinating or defecating, they could be liable for your injuries. 

Similarly, anyone who travels dangerously along a sidewalk could cause you to slip and fall. For example, if somebody is swerving wildly while skating on a sidewalk, you could slip trying to get out of the way. Similarly, a dog walker or someone texting while walking could create a dangerous situation. 

If you slip and fall while avoiding a dangerously moving party, you should contact a lawyer immediately. An experienced slip and fall attorney can help you determine whether the other party was liable for your injuries. 

When the New York City Government Is Liable 

The City of New York can also be liable for your injuries in a slip and fall accident. The city is required to maintain public sidewalks in a way that keeps them safe for pedestrians. This means that cracks or holes should be fixed swiftly.  

When it snows, public sidewalks that aren’t connected to private buildings should be promptly cleared by the city.  

This responsibility is particularly important for sidewalks near subway entrances. If these aren’t swiftly cleared or dried after rain or snow, the entrance to a subway can become extremely dangerous. This can result in a life-threatening fall down subway stairs. 

Suing the City 

When the city fails to perform its responsibility promptly, you may have the right to sue the city government. Typically, the city is considered to be negligent when records show that it didn’t perform a timely inspection or respond appropriately to a civilian report of danger. 

Unfortunately, suing the city is more complicated than suing a private party. Normally, you have three years to file a personal injury lawsuit. However, when the city government is the defendant, you must file a notice of claim with the city within 90 days of suffering injuries. 

Furthermore, you only have one year and 90 days from the date of the incident to file a lawsuit against the city. This is a tight timeline under the best of circumstances. If you think the city is responsible for your injuries, you should consult with an experienced slip and fall attorney as soon as possible. 

Ask4Sam After a Slip and Fall Accident in New York City 

Were you seriously injured in a slip and fall accident on a New York City sidewalk? Our legal team may be able to help you recover compensation for your injuries. Contact us today to schedule a free consultation with our New York personal injury lawyers. 

ASK4SAM.net Silberstein & Miklos PC