As the weather warms up, New York residents and visitors are enjoying outdoor activities. However, the warmer weather also brings an increased risk of slip-and-fall accidents due to hazardous sidewalk conditions. Please continue reading as we explore the most common sidewalk hazards and how our skilled Westchester County Sidewalk Accident Attorneys can help you hold responsible parties accountable for their negligence.
What Sidewalk Hazards Commonly Cause Injuries in New York?
Unfortunately, sidewalks are riddled with various hazards that can cause a multitude of injuries. Property owners are usually responsible for maintaining sidewalks abutting their property, including repairs and snow removal. Failure to address dangerous conditions can result in devastating slip-and-fall accidents. The following includes, but is by no means limited to, the most common hazards that cause sidewalk accidents in New York:
- Poor maintenance
- Uneven surfaces
- Cracks and potholes
- Broken or missing pavement
- Debris or obstructions
- Missing handrails
- Overgrown vegetation
- Poor drainage
- Inadequate lighting
- Lack of accessibility
- Inclement weather-related hazards left uncleared (ice, snow, standing water, etc.)
Who Can Be Held Liable for My Damages?
In New York, determining liability for slip-and-fall accidents on sidewalks can be complex. The responsibility for sidewalk upkeep is not uniform and can differ based on local ordinances and regulations. This responsibility is typically divided between property owners and government entities.
Generally, property owners are legally obligated to maintain the sidewalks directly abutting their premises. This includes keeping the sidewalk in a safe and useable condition, free from hazards like holes or uneven surfaces. Failure to do so can result in liability for injuries sustained on the neglected sidewalk.
While property owners are often responsible for maintaining sidewalks adjacent to their property, municipalities or other government entities bear responsibility for public sidewalks. It’s important to note that this includes sidewalks along streets, parks, and other public areas. The government entity is responsible for ensuring that these sidewalks are safe for public use and must remedy any defects or hazards that arise. If the city, county, or state is responsible, you will need to follow specific procedures to pursue compensation for your damages. This includes filing a Notice of Claim within 90 days of the accident to inform the government entity that it may be subject to a lawsuit. This formal notice provides the government entity time to investigate the merits of the claim.
Finally, third parties such as contractors or construction companies can be held accountable for a slip and fall on a sidewalk if their negligence in maintaining the area or creating a hazardous condition caused the accident. While conducting their work, they must exercise reasonable care to ensure the sidewalk is safe for pedestrians. This includes clearing debris, maintaining construction zones, and warning pedestrians of hazardous conditions.
In the unfortunate event that you have suffered serious injuries because of a sidewalk accident, it’s in your best interest to enlist the help of an experienced attorney from Hausman & Pendzick, who can help you understand your legal options and effectively represent your interests. Connect with our firm today to learn how we can fight for you.