Queens Sidewalk Accident Lawyers
Sidewalk Accidents In Queens, NY
Public walkways are typically maintained by city, town, or state organizations and paid for with taxes. However, sidewalk damage and lack of repairs can occur due to insufficient management, employee neglect, lack of funds, or administrative errors. Factors such as age, speed, and objects on the ground may affect the severity of injuries if you slip and fall on an uneven sidewalk.
If you have suffered an injury from tripping and falling on an uneven sidewalk, our team of Queens sidewalk accident lawyers at Rosenberg & Rodriguez can assist you. We can provide you with information regarding your rights and responsibilities in relation to the incident. If you would like to learn more about how we can help you file a personal injury claim, please contact our office today for a free consultation.
Common Sidewalk Injuries And Damages In New York
Uneven sidewalks may result in injuries from tripping, slipping or stumbling.
- Broken or fractured bones
- Brain or spinal cord injuries
- Bruising or sprains
As people age, falls can lead to severe and lasting injuries that include broken bones or traumatic brain injury. Falling in dangerous areas could result in wrongful death. If you have been injured due to slipping and falling on a sidewalk, you may qualify for compensation to cover associated losses. The compensation eligibility would depend on the extent of 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 In Queens., NY
A combination of poor maintenance and bad weather make slip or trip and fall injuries common occurrences in New York. Some of the most frequent causes of these injuries are:
- 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. To ensure clear documentation of a sidewalk accident, it’s important to take photos of the area and the object/hazard that caused the fall. Notes should also be taken about the surroundings and any landmarks. Contact information from any witnesses should be obtained. If possible, a report should be filed with the landlord or police. If you’ve been injured, please contact our Queens sidewalk accident lawyers immediately.
Liability For Uneven Sidewalk Injuries
If you fell on a damaged sidewalk, the party responsible for the accident depends on the location where it happened. If it occurred on a sidewalk maintained by a local municipality or city district, they may be liable. On the other hand, if it happened on private property like a mall, stadium, or business, the owner or operator of the property may be responsible for any injuries or damages.
Home are responsible for slip and fall accidents on the sidewalks outside their property. To avoid such accidents, they must clear the area of any hazards and obstacles. Moreover, an uneven sidewalk can pose a higher risk of injury and increase the severity of accidents occurring on it.
If you were injured due to an uneven sidewalk, our skilled Queens sidewalk accident attorneys can assist you in identifying who may be liable for your fall. We have experience with such cases and can help you gather evidence and understand the relevant laws in order to demonstrate the property owner’s negligence. To discuss your case with one of our experts and determine if the premises owner is at fault for your injuries, contact Rosenberg & Rodriguez for a free consultation.
City And Municipality Liability For Sidewalk Accidents
If you are injured because of an uneven sidewalk, the city or municipality might be accountable. To prove this, you must display that the town or city was conscious or should have been conscious of the risky situation but failed to take necessary measures. You can use maintenance logs and pictures of the accident site to back up your claim of a fall caused by an uneven sidewalk.
Keep in mind that personal injury lawsuits against a municipality in New York might have diverse regulations. Although usually, the statute of limitations for personal injury lawsuits in New York is 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
Can I File An Injury Lawsuit For A Sidewalk Accident?
To make it clear, just falling on a sidewalk doesn’t automatically mean you can file for a personal injury claim. You need to prove that the person in charge of the sidewalk was careless to seek compensation via legal or insurance means. An attorney will investigate the incident and ask you questions to determine if someone else was liable for your injury. The questions will pertain to the incident itself.
- 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?
Even if a person is partly to blame for their fall, they may still be eligible to seek financial compensation from someone who is more responsible. The contributory negligence law in the state permits a claimant to receive compensation despite sharing some of the faults. If you are partly at fault for your fall, the compensation you receive will be reduced by the percentage of your responsibility. For example, if you have $100,000 in damages but are 20% responsible for the fall, the most you can claim from the defendant is $80,000.
Who Can Be At-Fault For A Sidewalk Accident Injury?
The maintenance and repair of sidewalks in New York are determined by local laws. Property owners whose properties are next to the sidewalk are typically responsible for its upkeep and repair, as well as landlords, property managers, and maintenance contractors. Knowing this information is crucial in determining who is liable for any accidents that may occur on the sidewalk.
In New York City, there is a specific rule for filing a lawsuit regarding a defective sidewalk which applies to Manhattan, Brooklyn, and the entire city. The responsibility for maintaining sidewalks next to owner-occupied homes with 1-3 residences lies with the City. However, if someone falls on a defective sidewalk, they cannot sue the City for negligence unless they are able to provide written evidence proving that the City had prior knowledge of the issue.
Speak With Our Queens Sidewalk Accident Lawyers Now
If you slipped and fell on a sidewalk in Queens, NY, and got injured, we suggest that you check out our FAQ section on slip and fall accidents. To get a free and private consultation, reach out to Rosenberg & Rodriguez, our Queens sidewalk accident lawyers. We have experienced personal injury attorneys who have been fighting for the most compensation for our clients for years and are available around the clock. Our area of expertise is personal injury cases and we give exceptional personal attention to our clients. Contact us today to communicate with our legal team and get more information on the ways we can assist you.