Slip & Fall Injuries
Slip, trip & fall accidents are usually categorized as Premises Liabilities - just as are most dog bite cases. Slipping, tripping and falling on New York City sidewalks have, unfortunately, become an all too common occurrence. For those who have slipped, tripped and been injured as a result of a broken or uneven sidewalk, a claim and/or lawsuit will most likely be brought against the City of New York. New York City is responsible for maintaining our public roadways and sidewalks in a reasonably safe condition.
However, on July 16, 2003, Mayor Michael Bloomberg signed legislation that shifts liability for injuries on sidewalks to abutting landowners for four or more family properties. Another measure passed by the City Council and signed by the Mayor, does not offer a workable solution to the question of "shared liability," and leaves victims who slip, trip, fall and are injured on uninsured or underinsured properties without adequate legal recourse.
The above legislation does change the current law in New York City that requires that the City have notice of the defective sidewalk that caused this accident. In fact, the law states that the City must have received a written complaint regarding that portion of the sidewalk. The City must have received this notice at least fifteen days prior to the date of the slip, trip and fall accident. The City at its "Prior Notification Bureau" maintains this information. This law was meant to protect New York City from potential claims for poorly maintained sidewalks. However, there is a safeguard against this. A corporation hires surveyors to examine the sidewalks of New York City and files complaints and maps indicating the broken sidewalks with the Department of Transportation. These complaints and maps enable people who have been injured in a slip, trip and fall accident to show that the City received the statutorily mandated prior notice of the existence of the defective sidewalk that caused their slip, trip and fall injury.
This is not the only hurdle to be overcome and meant to protect the City. For persons who have been injured as a result of a broken, uneven or defective sidewalk, a written Notice of Claim must be filed within 90 days of the accident. This is a strict requirement and, if this Notice of Claim is not filed, the injured person may have waived his legal remedies. Once this written Notice of Claim is filed with the City, the injured person has one year and ninety days from the day of the accident to file a lawsuit.
What may seem like a simple slip, trip and fall matter may turn even more complicated. For instance, the City may not be the only entity responsible for causing the accident. For example, an adjacent landowner or public utility contractor may have been responsible for causing the defective sidewalk. In addition, if the spot where the accident occurred was a driveway or a manhole cover, there are different rules and laws. Thus, if you have slipped, tripped and fallen on a New York City sidewalk, it is imperative that you seek legal assistance at once.
If you or someone you know in the Brooklyn, New York or surrounding area, including Pennsylvania, New Jersey and Connecticut has slipped, tripped and fallen and needs the assistance of an experienced personal injury attorney, then contact us at 866-435-3765 or via our convenient contact form to speak with one of our Brooklyn personal injury attorneys.