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New York City Trip and Fall Attorneys
Causes of Trip and Fall Accidents
No one plans to be in a New York City trip and fall accident. They are simply walking along and the next thing they know they are on the ground. It is then that the fall victim usually realizes that their foot was caught in a toe trap or other defect that caused them to fall.
When the defect causing the toe-trap was caused by the owner or operator of a premises, sidewalk, or walkway, this is an area of personal injury law called premises liability.
Trip and fall accidents can occur on a sidewalk or walkway, or within a premises such as a commercial store, hospital, mass transit facility, and even a private home.
People often confuse a “trip and fall” accident with a “slip and fall” accident. They are, however, two separate and distinct types of claims. A trip and fall accident is caused by a physical barrier that impeeds safe walking such as an object or raised or uneven sidewalk slab. Whereas a slip and fall accident involving a substance such as oil, water, ice, or snow that caused the slip.
Consequences
Unfortunately, such trip and fall accidents are all too common and can lead to serious personal injuries to the person simply walking along the sidewalk. Some of these injuries may include:
- Laceration
- Concussion
- Fracture
- Back injury
- Meniscus tear
- Ruptured tendon
When a sidewalk is broken, raised, uneven, or left in a state of disrepair, it presents a dangerous tripping hazard to pedestrians traversing the sidewalk.
New York City Sidewalk Defect Law
There are 12,750 miles of public sidewalks in New York City. When a sidewalk is broken, raised, uneven, or left in a state of disrepair, it presents a dangerous tripping hazard to pedestrians.
Sidewalk defects that pose a tripping hazard are commonly due to uneven sidewalk slabs, collapsed sidewalks, raised slabs due to tree roots, hardware trip hazards, an improper slope between slabs, or improper patchwork.
Claims against the City of New York
When the City of New York is responsible for maintaining a public sidewalk, a party injured by a defective or broken sidewalk must comply with the requirements set forth in the General Municipal Law § 50-e. This law requires, in part, that a Notice of Claim be filed with the Comptroller of the City of New York within 90 days from the date of occurrence. The 90-day time restraint is strictly constructed by the courts.
Proper service includes delivery of the Notice of Claim to the Comptroller’s Office electronically via their eClaim system, by personal delivery, or by registered or certified mail.
Claims against Private Property Owner
The Administrative Code of the City of New York § 7-210 imposes a non-delegable duty on property owners to maintain the public sidewalks abutting their premises, and to keep them free of tripping defects and hazards.
The Code exempts property owners of one-, two-, and three-family residential real property that is owner-occupied, and used exclusively for residential purposes. Repair and maintenance of the sidewalks that fall under the exemption continue to be the responsibility of the City of New York.
A trip hazard is defined as a vertical grade differential between adjacent sidewalk flags that is greater than or equal to one-half inch. Where a sidewalk flag contains one or more surface defects of one inch or greater in all horizontal directions and is also one-half inch or more in-depth also constitutes a sidewalk defect.
Injured in a New York City trip and fall accident?
Being injured in a trip and fall accident is a very difficult and trying time. Not only are you faced with the injuries you suffered but you are also confronted with the complexities of the law and who was responsible for your accident. You have questions. We have the answers.
We know New York City trip and fall law. We will guide you through every step of the process and fight to protect your rights. With highly experienced investigators and expert engineers, we will conduct an immediate investigation into your accident collecting critical evidence, interviewing potential witnesses, and determining all of the responsible parties.
Since 1987, Mr. DiMartini has represented people injured in trip and fall accidents throughout the New York City metropolitan area. He is a seasoned New York City personal injury attorney with a long record of success winning favorable settlements and awards for his injured clients. Mr. DiMartini only practices in the areas of personal injury litigation. He knows the legal requirements necessary to establish your claim. He will fight to get you the maximum compensation you deserve for your injuries.
Personal injury law is all we do. We know how to get results!
New York City personal injury lawyers.
