Sidewalk defects are very common
The New York Department of Transportation replaces more than 2 million square feet of sidewalk per year. In New York City, the abutting property owner generally has duty to maintain sidewalks in a reasonably safe condition.
If the sidewalk abuts a one, two or three family home that is used exclusively for residential purposes and is owner occupied, the City of New York is responsible for keeping the sidewalk in good repair. This includes not only constructing a sidewalk, but repairing and repaving the sidewalk if necessary.
This is a duty required by law
But before the City of New York can be held responsible for a defective sidewalk they have to have actual written notice. This written notice can be in the form of a complaint to the Department of Transportation or the homeowner being violated for the sidewalk in which case both the City of New York and the homeowner would be liable to a person injured on a defect for which they both had written notice. Homeowner responsibility may also result from the long term accumulation of snow and ice in front of their house that causes a passerby to slip and fall.
Sidewalks can have many obvious or not so obvious cracks, bumps, holes, broken pieces, uneven concrete, roots, or other obstructions that may cause you to fall and become injured. Many people think it is embarrassing to be injured by a fall on a sidewalk, but that should not discourage you from holding the right people responsible.
You are not at fault if a hazard exists on a sidewalk and it causes you to fall
While sometimes trips or slips and falls result in only minor bruises or scrapes, other times they can cause broken bones, concussions, or spinal injuries. These injuries are serious and can not only cost you medical expenses but also can cause you to miss work, in additional to daily pain.
If you have been injured due to the failure of a landowner to repair their sidewalks, you deserve to be compensated. At the law office of Manuel Moses, Esq., I can assist you in determining what your rights are after you have fallen over a poorly maintained sidewalk. You may contact Manuel Moses for a free consultation 212-736-2624, extension 11.
Disclaimer: Nothing on this page constitutes formal legal advice and you are strongly urged to consult a lawyer about your injury and potential law suit.