Long Island Sidewalk Accident Lawyers
Uneven Sidewalk Accidents On Long Island, NY
Usually, the upkeep of public walkways falls under the jurisdiction of a city, town, or state organization. Taxes fund the maintenance and servicing of these walkways. However, inadequate management, employee neglect, lack of funds, and administrative errors can cause sidewalks to become damaged and unrepaired. If you slip and fall on an uneven sidewalk, the severity of your injuries could be influenced by factors such as your age, speed, and any objects on the ground.
If you were injured in a trip and fall on an uneven sidewalk, our Long Island sidewalk accident lawyers at Rosenberg & Rodriguez can help. We can inform you of your rights and responsibilities regarding the incident. For a free consultation and to learn more about how we can help you file a personal injury claim, contact our office today.
Uneven Sidewalk Injuries And Damages
Uneven sidewalks can cause tripping, slipping, or stumbling which may lead to injuries.
- Broken or fractured bones
- Brain or spinal cord injuries
- Bruising or sprains
Falls can cause severe and lasting injuries, particularly for older people. It is possible to suffer serious harm, such as a broken hip or traumatic brain injury, as a result of a fall. In some cases, falling on an object or into a dangerous area can result in wrongful death. If you have suffered injuries due to a fall on a sidewalk or due to slipping and falling, you may be eligible for compensation to cover any resulting losses, depending on the extent of your injuries and damages.
- Medical bills, including care costs, medication costs, testing fees, and doctor fees
- Lost income
- Incidental costs such as care or service costs
- Pain and suffering
Common Causes Of Sidewalk Accidents On Long Island
Slip or trip and fall injuries are common in New York due to a combination of poor maintenance and bad weather. Some of the most frequent causes include:
- Cracks and holes from seasonal freeze and thaw cycles
- Ice and snow
- Debris such as yard waste
- Uneven pavement caused by settling under the concrete, uplifting by tree roots, or other causes
After a slip and fall accident, it is the plaintiff’s responsibility to determine what caused the fall. To support an injury claim, it is helpful to take action quickly and preserve any evidence of the incident. This includes taking photos of the area and the object or hazard which resulted in the fall, as well as making notes about the surroundings and any landmarks. Obtain contact information from any witnesses present during the occurrence. If possible, file a report with the landlord of the property or the police. If you’ve been injured, contact our Long Island sidewalk accident lawyers right away.
Liability For Uneven Sidewalk Injuries
If you had a slip or trip and fall on a damaged sidewalk, the responsible party may depend on where it happened. A local municipality or city district could be liable if it occurred on a sidewalk they are responsible for. If it happened on private property like a mall, stadium, or business, the property owner or operator may be responsible for any injuries or damages.
Homeowners may sometimes be accountable for slip and fall accidents on sidewalks outside their property. This implies that they must ensure the area is clear of hazards and obstacles. Additionally, an uneven sidewalk may increase the risk and severity of injuries that occur on that sidewalk.
Our Long Island sidewalk accident attorneys are experienced in handling uneven sidewalk cases and can help you determine which of several different parties may be responsible for your fall when we represent you. To prove that a property owner’s negligence caused your injuries, you need to gather evidence, know the laws in your area, and demonstrate the connection between their actions and your harm. If you think a premises owner is responsible for your injuries, contact Rosenberg & Rodriguez to schedule a free consultation with one of our experts.
City And Municipality Liability
If you get injured due to an uneven sidewalk, the city or municipality may be responsible. To prove this, you need to show that the town or city was aware or should have known about the dangerous condition and failed to take necessary action. You can use maintenance logs and pictures of the accident site to support your claim of a slip and fall due to an uneven sidewalk.
Please note that personal injury lawsuits against a municipality in New York may have different rules. Although the statute of limitations for personal injury lawsuits in New York is usually three years. According to NY Civil Practice Law & Rules (CVP) §214, lawsuits against the government may require you to file a notice of claim against the responsible party in as little as 90 days, per NY General Municipal (GMU) §50-E. There could be other circumstances that alter the deadlines in your case as well.
Frequently Asked Questions
When Can A Sidewalk Accident Lead To A Personal Injury Lawsuit?
To clarify, simply suffering a fall on a sidewalk does not necessarily warrant a personal injury claim. For an injury victim to seek compensation through legal action or an insurance claim, they must provide proof that the person responsible for the sidewalk was negligent.
To determine if someone else was legally responsible for your sidewalk injury, the attorney will ask you questions about the incident. Some questions may include:
- Where was the sidewalk located?
- Who owned the property adjacent to the sidewalk?
- Who was present when the fall occurred?
- What condition caused the fall?
- Did any person or entity have control over the area?
- Did your actions contribute to the fall?
A person who is partially responsible for their fall may still be able to seek financial compensation from a party who is more at fault. This is allowed under the state’s contributory negligence law, which does not completely prevent a claimant from receiving compensation even if they share some of the blame.
If you are partially responsible for your fall, the amount of compensation you can receive will be reduced according to the percentage of your fault. For instance, if you suffer $100,000 in damages but are 20% accountable for the fall, the maximum amount you can claim from the defendant is $80,000.
Who Can I Sue For A Sidewalk Accident Injury?
In New York, the responsibility for maintaining a sidewalk depends on local laws. Property owners whose properties are adjacent to the sidewalk are often responsible for its upkeep and repair. Other parties who could be held responsible include landlords, property managers, and maintenance contractors. This information is important in determining liability for any accidents that occur on the sidewalk.
In New York City, the rule for filing a lawsuit over a defective sidewalk is different from the general rule. This applies to Manhattan, Brooklyn, and all over the city. The City is responsible for maintaining sidewalks next to owner-occupied homes with 1-3 residences. However, if someone falls on a defective sidewalk, they cannot sue the City for negligence unless they can prove that the City knew about the problem beforehand and they have written evidence to support it.
Speak With Our Long Island Sidewalk Accident Lawyers Now
If you were injured after slipping and falling on a Long Island sidewalk, we recommend reading our frequently asked questions about slip and fall accidents. Contact our Long Island sidewalk accident lawyers at Rosenberg & Rodriguez for a free and confidential consultation. Our dedicated personal injury attorneys have been fighting for maximum compensation for our clients for decades and are available 24/7. We specialize in personal injury cases and provide unparalleled personal attention to our clients. Call us today to speak with our legal team and to learn more about how we can help.