ACCIDENTS ON DANGEROUS SIDEWALKS
New York City Administrative Code §7-210 requires property owners in the five boroughs to maintain abutting sidewalks in a reasonably safe condition to prevent injury. The New York Courts have held that cracked, broken, and uneven sidewalks are unsafe and pose a risk of injury to pedestrians. The Administrative Code requires property owners to repair cracked, broken, and uneven sidewalks around their property to prevent injury to anyone walking on the sidewalk. The Courts have held property owners, such as owners of commercial buildings, apartment buildings, and certain private homes, liable to pedestrians who have been injured by tripping and falling on unsafe sidewalks.
The injured person must prove that the property owner either knew or should have known of the existence of the dangerous condition on the sidewalk before the accident occurred. For example, the Courts have held that a property owner had knowledge of the dangerous condition by admitting that he actually saw the broken, cracked, or uneven sidewalk before an accident occurred. The Courts have held that a property owner should have known that the sidewalk was in need of repair because the owner or his agents and employees were present at the property on a regular basis and inspected the sidewalk for unsafe conditions. The Courts have also held property owners liable to an injured person when the property owner actually created the dangerous condition. The Courts have held that property owners who make the dangerous condition worse or do not adequately fix the condition when they attempt to make repairs can be held liable to an injured person who tripped and fell on the unsafe sidewalk.
You may be concerned about your own actions when you were walking on the sidewalk. If your own negligence contributed to your accident, the property owner may still be liable for your injuries under the New York City Administrative Code. Even if you live in the apartment building next to the sidewalk where your accident occurred and knew that the sidewalk had been broken before you fell and suffered injuries, the property owner has an obligation under the Administrative Code to maintain the sidewalk in a safe condition and may still be liable for your injuries.
If you or a loved one has been injured by tripping and falling on a sidewalk you may want to contact an experienced attorney who can analyze the facts of your case and help determine whether the property owner violated New York City Administrative Code §7-210. We offer over 20 years of experience at Jacob Oresky & Associates, PLLC and are here to help you. You can contact us by telephone 24 hours a day, seven days a week. 800-993-6134 You may also contact us online.