Premises Liability
Do you know when lawfully upon someone else’s property, you have the right to expect that it will be kept in a reasonably safe condition, free from dangers and defects. This standard applies to sidewalks as well.
Did you know that if you trip/slip and fall on a broken sidewalk in New York City, the owner of the adjoining property could be held liable for your injuries and damages? Administrative Code 7-210, commonly referred to as the Sidewalk Law, imposes liability on a property owner of real property abutting any sidewalk to maintain such sidewalk in a reasonably safe condition. Examples of dangerous and defective conditions include cracks in the sidewalk and raised/uneven sidewalk flags, whether caused by deterioration over time or poorly performed repairs. There are exceptions to this law. If the adjoining property is located within New York City, is a one, two, or three family residential property that is in whole or in part occupied by the owner and used exclusively for residential purposes, the City of New York could be liable for your damages if it had prior written notice of the defective condition. Furthermore, if an injury occurs as a result of a fall in a tree well, the City of New York and its agencies may be responsible.
Similarly, adjoining landowners are responsible for the proper and timely removal of snow, ice and dirt from the abutting sidewalks. If you slip/trip and fall on snow, ice, or dirt and sustain injuries, the property owner could be responsible for your injuries and damages.
It is important that you contact an attorney as soon as possible so an investigation can be undertaken. This includes searching records to determine the potential responsible parties, photographing defective conditions, and obtaining surveillance video that may have captured the incident. As we all know, security cameras are now nearly everywhere, and having video depicting the incident could make the difference between winning and losing your case. The video captured by these cameras, however, are regularly erased after a short time frame, and therefore fast action is required to ensure that such video is preserved. A proper investigation can help defeat common defenses such as the subject condition being open and obvious or a trivial defect.
Another reason why fast action is required is if the potentially responsible party is a municipality (or its agencies). A Notice of Claim must be served within a short time after the slip/trip and fall. Failure to timely serve a Notice of Claim could result in you forever forfeiting your right to receive compensation.
Other examples of potential premises liability cases include:
- Lead Paint Exposure
- Stairwell falls
- Elevator/Escalator accidents
- Swimming pool accidents
- Supermarket falls
- Fires
- Explosions
- Electrocution
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Sanocki Newman & Turret, LLP has been successful in handling premises liability cases and recovered fair and just compensation for injured clients. If you or a loved one has sustained injury as a result of a dangerous condition on someone else’s property, please call Sanocki Newman & Turret, LLP for a free consultation to see if you are entitled to compensation.