At some point, everyone has tripped while simply walking down the sidewalk. Sometimes, the falls that result are no fault of the pedestrian but are a direct result of poor sidewalk maintenance. If you or someone you know has been the victim of a poorly-maintained sidewalk, or if you would simply like to be prepared with the necessary information, the following article will equip you with what you need to know. We put together a quick guide on the laws surrounding sidewalk negligence in NYC?
According to New York City Law Section 7-210, since 2003, adjacent property owners are now responsible for the upkeep of all sidewalks in a reasonably safe condition and are liable for personal injury and property damage. Failures in maintenance can include (but are not limited to) failure to install, construct, reconstruct, repave, repair, or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt, or other material from the sidewalk.
This liability holds true except when the adjacent property is a one, two, or three-family home, in case New York City would not be held responsible.
Section 19-152 lists the numerous specific responsibilities of property owners to make sure that sidewalks are completely safe for pedestrians. In addition to simple snow and ice removal, property owners are responsible for everything from installing sidewalks to repaving and repairing them. For more information, you can contact your local NYC Section 19-152 injury lawyer today.
As is commonly known, property owners have about four hours from the time snow stops falling to remove the snow and ice accumulation on their sidewalks in order to allow pedestrians to walk safely. This is true when the snow has stopped falling between 7 AM and 5 PM. However, if the snowfall stops between 5 PM and 9 PM, property owners actually have 14 hours clear their sidewalks. If the snowfall stops between 9 PM and 7 AM, the sidewalks have to be clear by 11 AM.
Since sidewalk slip and fall accidents require extensive proof, it is essential that the victim contacts a personal injury legal expert promptly to discuss the possibility of a potential lawsuit. In New York City the responsible party must have the lawsuit claim filed against them within 90 days of the incident, and a lawsuit must begin within a year and 90 days of the accident.
In any event, a person hurt by falling on a poorly-maintained sidewalk should never speak with an insurance company representative or investigator before speaking with his or her own personal attorney first. This time period is why it is so important, again, to document any and all evidence as close the time of the accident as possible.
If you have already been the victim of poor sidewalk maintenance and want to discuss your case, contact the legal experts at Ribowsky Law. 109-12 Jamaica Ave, Richmond Hill, NY 11418. (718) 659-5333. https://www.mrinjurylawyerny.com/