New York Cases Involving Slips and Falls on City Sidewalks
Provided by HG.org
Slips and falls on sidewalks in New York is common and these incidents occur in greater numbers where the population density is higher. When an accident happens, the person may need to know what to do, who is involved and what options are available to pursue if the slip or fall is damaging enough that medical attention is necessary.
The city streets in New York are often full of various dangers. Some of these are from slick sidewalks, and others are from obstructions to those attempting to travel from one location to another. Cracks, holes and clumped cement may lead to harmful slips or falls. When facing these hazards, the individual affected needs to know how recover from the incident. This usually requires proof and enough evidence that litigation demands for possible success in the courtroom or for a settlement. This also necessitates pursuit against the appropriate and proper person or company. This could include premises liability or negligence depending on the specific issue.
The Location of the Accident
When walking along sidewalks, it is important for a slip or fall incident to know where the individual was when traveling. This is often the most important part of the claim. If the sidewalk is public access and not connected to a business, he or she may need to pursue action against a construction company if possible. However, when the sidewalk is part of the property owned by a company or small business, it is often the responsibility of the commercial enterprise to keep the sidewalk clear of dangers. The boundary lines and where the specific issue occurs are critical for these claims.
Many areas where sidewalks exist are public grounds. However, in certain locations, the sidewalks are considered part of the property leased or owned by a company. These areas must remain free of obstacles, cracks, holes and other problems. Maintaining the sidewalks is the job of the company or individual leasing or that owns the store or commercial enterprise. Some of these sidewalks are attached to companies and residential property. This could lead to a case against a landlord. It is important to know the difference of these locations and how they relate to the claim.
When the person slips or falls on a city sidewalk, he or she may need to pursue action against the city if the location is public. These may include ramps, inclines or declines and sidewalk areas near street intersections. The individual harmed in the incident needs to discover who is responsible for maintenance. Then, he or she should hire a lawyer to determine the next steps. Litigation is complex and usually requires the need of a legal representative to initiate. If a settlement is possible the lawyer would need to negotiate on his or her behalf.
Gathering enough evidence usually is the first step. Once this occurs, the victim of the incident may need to research which party is responsible for maintenance of the sidewalk. Then, he or she may need to classify the accident as a slip or fall. Legal representation is usually necessary in these situations, and a free consultation is often available as an initial assessment of the possible claim. Then, it is crucial to prove liability to the responsible party. Without this, the case may fail and no compensation is possible. Negligence or breach of duty to the individual is frequently how to prove the party is liable for the accident.
Negligence, Breach of Duty and Damages
When the property owner that maintains a sidewalk has been negligence and not properly cared for the area, he or she may be liable for damages. Then, the victim of the incident may pursue legal action in a court of law. For those that owe a duty of care to pedestrians outside the shop or company, the breach of this care may cause an injury. Then this occurs, the responsible party often owes monetary damages to the victim. Usually these damages are to compensate for physical injury, a loss of work and pain and suffering.
Legal Help in New York for Sidewalk Slips and Falls
With the help of a lawyer, it may be possible to determine which party is liable for damages. Then, the lawyer may need to show the link between the at fault person or company and the evidence. This may show the judge or jury how the victim is entitled damages and how much reasonable compensation is in this case.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.