NYC Broken Sidewalk Injury Lawyer: Fighting for Your Rights
Trips and falls on broken or uneven sidewalks are common in New York City, often resulting in serious injuries like broken bones, sprains, and head trauma. If you've been injured due to a hazardous sidewalk in Manhattan, you may be entitled to compensation. Our experienced NYC broken sidewalk injury lawyers can help you navigate the complex legal process and fight for your rights.
Who Is Responsible for Injuries on Broken Sidewalks in NYC?
Determining liability for a broken sidewalk injury in New York City can be complicated. It depends on factors like the location of the sidewalk, the type of property it adjoins, and the cause of the defect.
Property Owners:
In many cases, the property owner is responsible for maintaining the sidewalk adjacent to their property. This includes repairing any defects or hazards. However, there are exceptions, such as sidewalks bordering city-owned property or sidewalks damaged by city construction.
The City of New York:
The city may be liable for injuries on sidewalks that it owns or controls, such as those in parks or near public buildings. However, proving the city's negligence can be challenging, as you often need to show that they had prior notice of the defect and failed to repair it within a reasonable time.
Our skilled NYC broken sidewalk injury lawyers can investigate your case, determine liability, and hold the responsible parties accountable for your injuries. We have a thorough understanding of the laws and regulations governing sidewalk maintenance in New York City and can help you navigate the complexities of your claim.
Common Causes of Broken Sidewalks in NYC
Several factors contribute to the prevalence of broken and uneven sidewalks in New York City:
Tree Roots: Tree roots can grow under sidewalks, causing them to crack and heave. This is a common problem in older neighborhoods with mature trees.
Construction and Road Work: Construction projects and road work can damage sidewalks, leaving them uneven or with hazardous gaps. This can be due to heavy equipment, excavation, or improper backfilling.
Weather: The freeze-thaw cycle of winter can cause cracks and potholes in sidewalks. Water seeps into cracks, freezes, and expands, causing the concrete to break apart.
Age and Neglect: Over time, sidewalks can deteriorate due to age and lack of maintenance. This is especially true in high-traffic areas or areas with poor drainage.
What to Do After a Broken Sidewalk Injury
If you've been injured on a broken sidewalk in NYC, it's crucial to take the following steps:
Seek Medical Attention: Get immediate medical treatment, even if your injuries seem minor. Some injuries may not be apparent right away, and delaying treatment can worsen your condition.
Report the Accident: Report the accident to the property owner or the city, depending on the location of the sidewalk. This creates a record of the incident and puts the responsible party on notice.
Document the Scene: Take photos and videos of the broken sidewalk, the specific defect that caused your fall, and your injuries. This visual evidence can be crucial for your claim.
Gather Witness Information: If there were any witnesses to your fall, get their names and contact information. Witness testimony can be valuable in supporting your claim.
Contact a Broken Sidewalk Injury Lawyer: Reach out to an experienced lawyer as soon as possible to discuss your legal options and protect your rights. A lawyer can help you navigate the legal process, gather evidence, and negotiate with insurance companies.
Types of Sidewalk Defects
Sidewalk defects can take many forms, including:
Cracks and gaps wider than 1/2 inch
Uneven surfaces and elevation changes greater than 1/2 inch
Missing or broken sidewalk slabs
Protruding objects (e.g., tree roots, utility covers)
Holes and depressions
Common Injuries in Sidewalk Accidents
Sidewalk accidents can cause various injuries, including:
Broken bones: Fractures to the ankles, legs, arms, wrists, and hips are common in sidewalk falls.
Sprains and strains: Injuries to ligaments and muscles, particularly in the ankles, knees, and back.
Head injuries: Concussions, traumatic brain injuries, and skull fractures can occur if you hit your head during the fall.
Spinal cord injuries: Damage to the spinal cord can result in paralysis or other serious complications.
Cuts and bruises: Lacerations and contusions can occur from contact with the sidewalk or other objects during the fall.
Compensation for Sidewalk Accident Victims
If you've been injured in a sidewalk accident in NYC, you may be entitled to compensation for your damages, including:
Medical expenses: Past and future medical costs, including hospitalization, surgery, rehabilitation, medication, and assistive devices.
Lost wages: Income lost due to your injuries and inability to work.
Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish you've experienced.
Loss of enjoyment of life: Compensation for the loss of ability to participate in activities you enjoyed before the accident.
Other damages: Depending on the circumstances, you may also be able to recover compensation for property damage, loss of consortium, and other losses.
How Our NYC Broken Sidewalk Injury Lawyers Can Help
Our team of dedicated personal injury attorneys has extensive experience handling broken sidewalk injury cases in New York City. We can help you:
Investigate the accident and determine liability: We'll thoroughly investigate the accident, gather evidence, and identify the responsible parties, whether it's a property owner, the city, or another entity.
Build a strong case: We'll collect all necessary evidence, including medical records, witness statements, and expert opinions, to build a compelling case on your behalf.
Negotiate with insurance companies: We'll handle all communication with insurance companies and negotiate for a fair settlement that covers your damages. We have extensive experience dealing with insurance adjusters and will fight for your best interests.
File a lawsuit and represent you in court: If necessary, we'll file a lawsuit and fight for your rights in court to ensure you receive the compensation you deserve. We have a proven track record of success in litigating sidewalk injury cases.
Sidewalk Accident Statistics in New York City
Sidewalk accidents are a significant problem in New York City, resulting in numerous injuries and even fatalities each year. According to a report by the NYC Comptroller's Office, in 2021, there were 2,134 sidewalk personal injury claims filed against the city, costing taxpayers $61.7 million. This highlights the prevalence of sidewalk accidents and the substantial costs associated with them.
Proving Negligence in Sidewalk Injury Cases
To successfully pursue a sidewalk injury claim in New York City, you'll need to prove negligence on the part of the property owner, the city, or another responsible party. This involves establishing the following elements:
Duty of Care: The property owner or the city had a duty to maintain the sidewalk in a reasonably safe condition.
Breach of Duty: The responsible party breached their duty of care by failing to repair a defect or warn about a hazard.
Causation: The breach of duty directly caused your injuries.
Damages: You suffered damages as a result of the injuries, such as medical expenses, lost wages, and pain and suffering.
Our experienced NYC sidewalk injury lawyers can help you gather the necessary evidence and build a strong case to prove negligence and secure the compensation you deserve.
Comparative Negligence in New York
New York follows a "pure comparative negligence" rule. This means that even if you were partially at fault for your sidewalk accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%.
Our attorneys will work to minimize any claims of comparative negligence against you and fight for the maximum compensation you are entitled to receive.
Sidewalk Accident FAQ
What if I don't know who owns the property?
Our attorneys can help you identify the property owner through property records and other resources. We have the experience and resources to track down the responsible party and pursue a claim against them.
How long do I have to file a sidewalk injury claim in NYC?
In New York, the statute of limitations for personal injury claims, including those involving sidewalk accidents, is generally three years from the date of the accident. However, there may be exceptions, so it's crucial to contact an attorney as soon as possible to ensure you don't miss any deadlines.
What if I was injured on a sidewalk in a different borough?
Our NYC sidewalk injury lawyers handle cases throughout all five boroughs of New York City. We have a thorough understanding of the laws and regulations governing sidewalk maintenance in each borough and can help you pursue a claim wherever your accident occurred.
Contact Us Today
If you've been injured on a broken sidewalk in New York City, don't hesitate to contact Veridian Legal today for a free consultation. Our experienced broken sidewalk injury lawyers are ready to help you seek justice and get the compensation you deserve.