Sidewalks are virtually everywhere in New York, making it no wonder that sidewalk accidents are among the most common types of slip and fall accidents. Sidewalks provide a safe pathway for pedestrians and other vulnerable road users to navigate the roadways. However, serious accidents can occur when those responsible for maintaining the sidewalks fail to take the necessary steps to mitigate the risks of injuries. Property owners are responsible for repairing any unsafe conditions and providing sufficient warnings of potentially hazardous situations to ensure everyone’s safety. When property owner neglects to uphold their legal obligation to maintain a safe environment for passersby, they can be held liable for their negligence. Many injured parties wonder whether they can pursue legal action against the city if the sidewalk is publicly owned. Please continue reading to learn whether slips and falls on public sidewalks are the city’s responsibility and how a determined New York City & Westchester County Sidewalk Accidents Lawyer can help you today.
Who’s responsible for maintaining the sidewalks in New York?
If you’ve been injured in a sidewalk accident, it’s crucial to identify who is responsible for maintaining the sidewalks to determine who is liable for your injuries. In New York, property owners must maintain the sidewalks adjacent to their establishment. Essentially, if a business privately owns a sidewalk, the commercial property owner is responsible for keeping the sidewalk reasonably clear of dangerous conditions that might cause injury. If the sidewalk is publicly owned, a government entity is responsible for ensuring it is safe. Generally, when a sidewalk adjoins a public road or local city street, it is considered public property.
How long do I have to pursue legal action after a slip and fall accident?
In New York, if you are injured on city-owned property, such as a sidewalk, you will have a shorter time frame to pursue legal action for your damages. Typically, you would have three years from the accident date to file your claim. However, you will be required to file a Notice of Claims. You have 90 days to file a notice of your claim if you are taking legal action against a government entity. This notice provides the government entity before the commencement of a lawsuit that they may be subject to a claim for damages. They will then have adequate time to investigate the claim and determine its merits.
If you or someone you love has been injured in a sidewalk accident due to someone else’s negligence, please don’t hesitate to contact a trusted lawyer from The Bàez Legal Group who can help you fight for the compensation you deserve and need to get back on your feet again.