IN NEW YORK CITY, IF I TRIP AND FALL ON A BROKEN SIDEWALK, WHO IS RESPONSIBLE? THE PROPERTY OWNER OR THE CITY?
According to Section 7-210 of the New York City Administrative Code, real property owners , other than those who own and reside in a 1, 2 or 3 family residential unit, have a duty to maintain the surrounding sidewalk in a "reasonably safe condition" and these landlords, not the City, will be liable for any personal injuries caused by their failure to do so. Therefore, it may be the landlords' obligation to repair, reconstruct and repave defective sidewalk flags as well as to remove snow and ice from the sidewalk. However, if the sidewalk surrounds a one , two or three family unit in which the landlord resides, the City may be liable for your injuries.
When the Feldman Firm receives a trip and fall case, the following steps are taken as soon as possible:
1. Obtain Photographs of the sidewalk defect.
2. Photograph the shoes worn by the Client at the time of the accident, because the client may forget which shoes were worn, and the type of shoe may be an important fact in the case .
3. Send e mails and letters by certified mail return receipt requested to the owner and manager of the defendant's premises requesting that all video surveillance files (digital or analog) be preserved and advising that failure to do so will constitute spoliation by which the Court could possibly strike the Defendant's answer.
4. Obtain notarized statements from any witnesses.
5. Retain an engineer to inspect the sidewalk defect and create an expert report.
If you are injured in a trip and fall accident, you should call the Feldman Firm as soon as possible. We will gather together all the evidence and identify the person or entity which was responsible for the dangerous condition. After you have completed your medical treatment, we will immediately file a civil action against the liable party.
PERSONAL INJURY LAWYER DISCLAIMER: Please note that the above general legal information is not legal advice, and the above information does not create an attorney/client relationship between the The Law Offices of Barry Richard Feldman LLC and the reader. For legal advice regarding your specific case, please schedule a free consultation with attorney Barry Feldman.