Sidewalks, whether in cities or small towns, can be a source of danger, if they are not properly maintained. In case you are involved in a slip and fall or a trip and fall accident, it shows negligence on the part of your municipality. New York Municipalities are indeed responsible for their lapse in the maintenance of the sidewalks and public streets. However, there remain two significant limitations on your right to sue as far as a county, city or any other kind of municipality is concerned.
- New York has a very strict deadline in order to file a claim, known as the statute of limitations.
- The state has laid down a limit as to how much an individual can recover from any municipality or the state, in case you win.
The Liabilities of Towns and Cities
A municipality can be held liable for a slip and fall accident on a sidewalk or street, if it was indeed negligent and this negligence caused you the mishap. However, it doesn’t mean that your town or city was negligent, just because you happened to fall on a sidewalk or street.
To take the point further, it doesn’t mean that the town or city was negligent just because there is an unsafe or slippery condition prevailing on a sidewalk or street. And in order to prove the negligence of your municipality, you must also prove that the municipality was aware or should have known of the dangerous condition.
Liability for Slipping or Tripping on a Broken Sidewalk or Street
Indeed, a municipality does have the responsibility to maintain its sidewalks and streets in a reasonable state of repair. If you trip over a broken portion of street or sidewalk or fall into a gaping hole, you can file for a negligence claim. However, this depends on the size of the break or the hole in the street or the sidewalk. Now, don’t forget to take photographs of the offending break or hole right away. This is of crucial importance, as a picture indeed is worth the proverbial thousand words, in a trip, slip and fall case, according to sidewalk accident lawyers.
Liability for Slipping on Snow & Ice
The most frequent kinds of trips and slips on public sidewalks and streets are because of the snow and ice on broken sidewalks or streets. However, your municipality is not responsible for removing snow and ice on the sidewalks fronting commercial buildings and private residences. Their responsibility is limited to clear away snow or ice in areas fronting public buildings and so you cannot make any claims on your municipality. Instead, you should sue the owner of the residence or commercial building. This can depend on the laws of your state’s laws.
Only a competent and experienced sidewalk accident attorney can ensure that you satisfy every requirement of your state’s notification procedure. So if you are in anyway injured on a sidewalk or public street, and want to be compensated for your injuries, you should contact a sidewalk accident lawyer, right away. It is the only way to redress the wrong committed by your municipality, through sheer negligence on its part.
Call us Now for a Free Consultation
If you are a victim of a sidewalk accident, you have the right to recover financial losses due to lost wages, medical expenses, and receive compensation for pain and suffering. To take the first step in filing a lawsuit against the negligent party all you have to do is call 212 697 9280 and speak with one of our sidewalk accident lawyers at Rosenberg, Minc, Falkoff, & Wolf.
We are leading personal injury attorneys that have the skills and resources to help you obtain the compensation you rightly deserve. Call now and set up a free consultation. We work on a contingency fee basis so you don’t have to worry about paying unless you/we win. We have won lots of money for past clients. We know how to win. You could be a precarious situation, let us help you get out of it.