New York City is a city of pedestrians, many of whom cover miles a day on sidewalks. Unfortunately, some sidewalks are better maintained than others. Due to settling, tree roots, or the freeze and thaw of New York winters, sidewalk slabs can sink, rise or break up, creating an uneven walking surface. This can lead to more than an embarrassing trip and fall. It can cause a serious injury.
If you tripped and fell due to an uneven sidewalk, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. At The Law Office of Richard M. Kenny in Manhattan, our lawyers represent people who are injured due to unsafe sidewalk conditions. Call (212) 804-7375 for a free initial consultation.
Who Is Liable For Injuries Caused By Uneven Sidewalks?
In New York City, property owners are responsible for maintaining any sidewalk abutting their property in a safe condition. One of the most common
unsafe conditions is an uneven sidewalk. Under the New York City administrative code §7-210, a height difference of one-half inch or more between adjoining slabs is considered unsafe. Improper repairs, such as using asphalt to bridge uneven slabs, may also violate New York City codes.
The Department of Transportation issues notices of violation (NOV) to property owners when it becomes aware of a sidewalk code violation. However, property owners are liable for injuries caused by unsafe conditions, even if they did not receive notice of the defect.
Personal injury claims for sidewalk trip and falls are generally paid by homeowners insurance or general liability insurance. However, insurance companies do not pay significant damage claims willingly. For this reason, it’s important to seek an attorney’s help to obtain all of the compensation you are due.
What If The City Is Responsible?
In some cases, the city is responsible for an unsafe sidewalk. For accidents involving municipal property, our attorneys must file a notice of claim with the city within 90 days of your accident. If you wait too long, you may lose your right to recover compensation.
Schedule A Free Initial Consultation
To discuss your sidewalk trip-and-fall accident with an attorney at our firm, call (212) 804-7375 or complete our contact form.