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Premises Liability Attorneys
Broken Tree Grate LawyersA tree grate is the covering, usually iron, placed over the area where a tree is planted in an urban setting. Normally, a tree grate is used as part of shade trees planted on city sidewalk. One of their purposes is to allow pedestrian traffic to over the planted area of the tree, while at the same time allowing space for the tree to grow. The tree grate, thereby, becomes an extension of the sidewalk.
All shapes and sizes of tree grates are common throughout the City of New York. As part of the sidewalk, in a general sense, there is a duty to keep and maintain the tree grate in a reasonably safe condition for pedestrians walk past. When a tree grate is loose, uneven with the sidewalk, or otherwise broken, it creates a dangerous tripping hazard to people walking past.
Generally, a tree grate or tree well is not part of the sidewalk for purposes of the New York City Administrative Code.The law concerning trip and fall accidents on New York City sidewalks can be very complicated and confusing, posing legal dangers and pitfalls to the inexperienced. There are notice of claim requirements and prior written notice laws that must be complied with.
In addition, it is not always clear to the unsavvy who is responsible to maintain the particular tree grate in question. In New York City, however, a tree grate or tree well is not considered to be part of the sidewalk under the law. This means that even though certain abutting property owners – i.e. commercial or more than three family residential property – are required to maintain the city sidewalk pursuant to the New York City Administrative Code, those same property owners are not required to maintain a tree gate or tree well. For the purposes of tree grates, the burden remains upon the City of New York.
There circumstances, however, where a commercial property owner installs a decorative sidewalk abutting its premises that includes shade trees and tree grates. In this case, there is an exception under the law and the property owner assumes the duty to maintain the tree grate and the associated liability for their failure to do so.
Where New York City retains the obligation relating to a tree grate or tree well, the Courts have determined that the New York City Administrative Code is applicable as far as the prior written notice law is concerned. This means that the Administrative Code does not apply to relieve the City of its obligation to maintain tree grate and tree wells abutting commercial premises, but does afford it protection provided under the prior written notice law. Therefore, actual written notice would be required to hold the City of New York responsible for a broken or defective tree grate.
New York City Broken Tree Grate Attorney
When you are injured in a New York City trip and fall accident due to a broken or defective tree grate, you need an experienced personal injury lawyer on your side.
At our law offices, you can be assured that we know the law. We know how best to protect your rights and assert your claim for damages. We will determine all of the responsible parties for your trip and fall accident and seek to get you the maximum compensation for your pain and suffering, medical expenses, lost wages, and other damages.
Our years of experience have been devoted exclusively to assisting those who have been hurt in accidents. That means that we have the skills needed to fight the large insurance companies and their lawyers who will try to defeat your claim. Our track record of success winning favorable settlements and awards for our injured clients speaks for itself.
Personal injury law is all we do. We get results!
If you or a loved one has been injured in a New York City trip and fall accident caused by a defective tree grate accident, we are here to fight for your rights. Call Mr. DiMartini directly at 1.844.299.0030. You can also contact us online. The consultation is free. There is never a fee unless we win your case!