Are you thinking about hiring a slip-and-fall lawyer in NYC after injuring yourself during an accident on a sidewalk?
The NYC Department of Transportation works hard to keep the Big Apple’s sidewalks in excellent condition. However, with over 12,000 miles of sidewalk in the City That Never Sleeps, sidewalk cracks are bound to appear and cause at least some slip-and-fall accidents each year.
Before filing a lawsuit, make sure you understand liability in NYC slip-and-fall cases caused by cracks in sidewalks. This will help you decide whether to take legal action.
Why Do Sidewalk Cracks Form?
Before discussing the legal aspects of a slip-and-fall case in NYC involving sidewalk cracks, let’s briefly touch on why these cracks form in the first place. The reason behind them could play a bigger part in your potential slip-and-fall case than you think.
These cracks can form for a variety of reasons, including the following:
- Spalling caused by excess moisture working its way down into a concrete sidewalk
- Settling caused by water, erosion, or even the soil type underneath a sidewalk
- Heaving caused by the ground beneath a sidewalk freezing and thawing repeatedly
- Scaling caused by the freezing and thawing cycle peeling off the outer layer of a sidewalk
- Crumbling caused by the freezing and thawing cycle, tree roots, or old age damaging a sidewalk
Cracks in an NYC sidewalk might also appear from improper installation, excessive weight sitting on it for prolonged periods, or even neglect on the part of a home or business owner. Determining why cracks have appeared in an NYC sidewalk is one key to determining who is to blame for them.
Who Is Responsible for Cracks in NYC Sidewalks?
In the immediate aftermath of an NYC accident involving cracks in a sidewalk, you may want to file a lawsuit through a local slip-and-fall lawyer. However, it’s important to consider who is responsible for sidewalk cracks before you begin taking legal action against anyone.
The New York City Administrative Code includes several laws related to this topic. The so-called Sidewalk Law, in particular, states that NYC property owners are responsible for:
- Removing snow and ice from sidewalks next to their properties
- Keeping these sidewalks debris-free
- Making repairs to cracks in sidewalks
This law also states that property owners who don’t repair cracks in sidewalks can be held liable for any injuries due to slip-and-fall accidents in NYC. However, exclusions apply to one, two, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. Therefore, it is important to consult with a slip and fall lawyer to see if you canyou may have the opportunity to file a premises liability lawsuit against a property owner who failed to maintain their sidewalk accordingly if you slip and fall after tripping on a crack in it.
Property owners, subject to the exclusions set forth in New York City Administrative Code Section 7-210, are ultimately responsible for maintaining their sidewalks in NYC and keeping them in safe condition. If they fail to do this, it could strengthen your case when you file one through a slip-and-fall lawyer.
How Can You Prove Negligence in a Slip-and-Fall Accident Caused by a Cracked NYC Sidewalk?
To file a successful slip-and-fall case in NYC involving cracked sidewalks, you’ll need to do more than just sustain injuries during an accident on a sidewalk. You’ll also have to prove negligence by highlighting how a property owner caused your accident.
You must take the following steps to prove negligence in a slip-and-fall case involving cracks in an NYC sidewalk:
- Demonstrate that an NYC property owner had a duty of care to keep their sidewalk safe for others.
- Showcase how an NYC property owner breached their duty of care by not repairing cracks in sidewalks.
- Illustrate the impact an NYC property owner’s breach of duty had by providing injury documentation, medical bills, and other financial records.
The burden is on the plaintiff in these types of premises liability cases. The same typically goes for similar cases involving other slips, trips, and falls in NYC that lead to injuries.
Should You Hire a Slip-and-Fall Lawyer in NYC To Handle Your Case?
Determining the viability of an NYC slip-and-fall case related to sidewalk cracks can be tricky. This explains why working side by side with an experienced slip-and-fall lawyer when taking legal action following a slip-and-fall accident on an NYC sidewalk is worthwhile.
An attorney for slip-and-fall clients can provide a better understanding of the liability in these cases. They can also analyze your case to see who was likely responsible for your accident based on the circumstances surrounding it.
Contact Us To Speak With an Attorney for Slip-and-Fall Victims in New York City
If you sustained a head contusion, broken bones, or another type of injury after tripping over sidewalk cracks and falling to the ground in NYC, a slip-and-fall lawyer from the Law Office of Frank J. Cassisi, P.C. can assist you in building a case. Call us at (516) 294-5050 for help with proving slip and fall liability.
FAQs
Have additional questions about liability and NYC slip-and-fall cases? Look for the answers below.
Can I Sue New York City Following a Slip-and-Fall Accident Involving Sidewalk Cracks?
Yes, you can sue New York City following a slip-and-fall accident involving sidewalk cracks in certain cases. For example, you can take legal action against NYC if your accident occurred on a public stretch of sidewalks or if city workers damaged sidewalks and failed to make the necessary repairs. About 2,350 sidewalk claims were filed against NYC in 2023 alone.
What Is the Average Payout for a Slip-and-Fall Accident on an NYC Sidewalk?
The average payout for a slip-and-fall accident on an NYC sidewalk varies on a case-by-case basis. Some cases are only worth hundreds of dollars, while others are worth tens of thousands of dollars. It depends on the injuries sustained in a slip-and-fall case and other key factors.
How Long Does It Take To Settle an NYC Slip-and-Fall Case Involving Sidewalk Cracks?
The time it takes to settle an NYC slip-and-fall case involving sidewalk cracks can range from a few months to several years. The complexity of the case will usually determine the time it takes to settle.
