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Slip and Trip on a Sidewalk: Who is Responsible?

Slip and Fall Accidents in NYC

 

For many New Yorkers, walking to and from your destination is a way of life. A simple walk through your neighborhood or on your way to work can lead to serious injuries if you suffer a slip and fall on a sidewalk. You might think the fall was harmless, but the pain might not present itself for a couple of hours or days following the incident. Was there ice on the ground? Did a tree root cause a piece of concrete to rise above the rest of the sidewalk? Maybe a step was not even with the rest of the ground. No matter the reason, your injuries can be serious and someone should be held responsible.

Responsibility of Property Owners

Property owners have a responsibility to protect people who visit their property. For the most part, a property owner must protect a visitor from a known hazard that could cause harm or other hazards that they reasonably should have some knowledge of on their property. For example, a homeowner should know if the concrete sidewalk in front of their home has suffered damage in a storm or if a tree root has broken through the concrete. The owner would then be responsible for fixing this hazard or clearly marking the area.

How to Hold a Property Owner Liable

In order to hold a property owner liable for injuries suffered in a slip and fall accident on a sidewalk, one of the following must be present in the case:

  • The hazard must have been caused by the owner
  • The owner must have known about the hazard but failed to fix it
  • The owner must have been in a position where they would have reasonably known about the hazard and still failed to make the necessary repairs

How to Determine the Property Owner’s Reasonableness

In order to determine the reasonableness of the property owner to know about a hazard on their property, the court will need to examine how the property is maintained. For example, if the property owner meticulously cares for their property, your claim might not move forward since the owner might truly have not known about the hazard. If the property has overgrown brush, debris on the lawn, and looks in disrepair; your claim will likely move forward.

Contact a New York City Personal Injury Lawyer to Discuss Your Slip and Fall Case in New York

Did you or a loved one sustain serious injuries due to slip and fall in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured because of slips and falls in New York, Queens, Brooklyn, The Bronx and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York City, NY 10165 as well as offices in Queens, Brooklyn, The Bronx, and Bethel, Connecticut.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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