How to Prove Negligence in a New York Sidewalk Accident Case
Sidewalk accidents – slip and fall, trip and fall – can result in severe injuries, including fractures, back and neck injuries, head trauma, and more. If you’ve been injured due to a sidewalk defect, proving negligence is crucial for obtaining compensation, but the rules surrounding sidewalk accidents in New York can be confusing and complex. Read on as we discuss critical steps to prove negligence in a New York sidewalk accident case. If you or a loved one has been injured in a slip and fall or trip and fall on a NYC sidewalk, contact Leandros A. Vrionedes, P.C. for personalized assistance from an experienced and successful New York City sidewalk accident lawyer.
Understanding Negligence in Sidewalk Accident Cases
Negligence occurs when a party fails to exercise reasonable care, resulting in harm to another person. In the context of sidewalk accidents, this usually involves proving that the property owner, municipality, or another responsible party did not maintain the sidewalk properly, leading to your injury.
In New York City, section 7-210 of the NYC Administrative Code plays a critical role in determining who is responsible for maintaining sidewalks. This law specifically shifts the responsibility for maintaining sidewalks in a reasonably safe condition from the city to the property owners, except for one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. Property owners covered by the law are liable for injuries caused by their failure to maintain the sidewalk, which includes removing snow, ice, dirt, and other debris, as well as repairing cracks or uneven surfaces. For exempt property owners, the responsibility for maintaining sidewalks – and liability for injuries caused by negligently maintained sidewalks – rests with the city.
Key Elements to Prove Negligence
To successfully prove negligence in a sidewalk accident case, you must establish four key elements:
1. Duty of Care
You must demonstrate that the defendant owed you a duty of care. Property owners and municipalities, as described above, have a legal obligation to maintain sidewalks in a reasonably safe condition. This includes repairing cracks, removing debris, and ensuring the sidewalk is free from hazards. Knowing whether the property owner or the city is responsible for maintaining the particular portion of the sidewalk where you were injured is a key initial step in pursuing a legal claim.
2. Breach of Duty
Next, you must prove that the defendant breached this duty. A breach occurs when the property owner or municipality fails to address a dangerous condition on the sidewalk. Examples of breaches include failing to repair significant cracks, not removing ice or snow in a timely manner, or neglecting to clear debris. To satisfy this element, you may need to establish that the owner created the defect, knew about it or should have known about it. For municipal claims, it might be necessary to prove the city had prior written notice of the defect yet failed to correct it.
3. Causation
Causation involves showing that the breach of duty directly caused your injury. You need to establish a clear link between the sidewalk defect and your accident. This often requires evidence such as photographs of the hazardous condition, witness statements, and medical records documenting your injuries.
4. Damages
Finally, you must prove that you suffered damages as a result of the accident. Damages can include medical expenses, lost wages, pain and suffering, and other related costs. Providing comprehensive documentation of your injuries and the financial impact of the accident is essential for this element.
Gathering Evidence
Collecting strong evidence is crucial for proving negligence. Important pieces of evidence can include photographs and videos, witness statements, medical records, incident reports, and maintenance records. If possible, immediately after the accident, take clear photographs and videos of the sidewalk defect that caused your fall. Capture different angles and distances to provide a comprehensive view of the hazard. Note whether surveillance footage might be available as well. Obtain contact information from any witnesses who saw the accident. Their statements can corroborate your account of the incident and the hazardous condition of the sidewalk.
Seek medical attention promptly and keep detailed records of your diagnosis, treatment, and prognosis. Medical records link your injuries to the accident and are vital for proving damages. If the accident occurred on a public sidewalk, report it to the local municipality. Obtain a copy of the incident report, as it can serve as official documentation of the hazardous condition. Also, request maintenance records to see if there were prior complaints or repairs made to the sidewalk. This can help demonstrate a history of neglect or failure to address known hazards.
Legal Considerations in a Sidewalk Accident
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, if a municipal entity is involved, you must file a Notice of Claim within 90 days of the accident and commence the lawsuit within one year and 90 days. Failing to adhere to these deadlines can result in losing your right to compensation.
Additionally, New York follows a comparative negligence rule, which means that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you were 20% at fault for not paying attention, your compensation could be reduced by 20%. Property owners and their insurers will try to shift as much of the blame for a sidewalk accident onto the victim as they can. Your attorney will fight back against these attempts by building a case that proves the full extent of the other party’s negligence.
Seeking Legal Assistance
Proving negligence in a sidewalk accident case can be complex and challenging. An experienced personal injury attorney can advise you on the legal process, gather evidence, and advocate on your behalf with insurance companies or in court. At Leandros A. Vrionedes, P.C., we handle all manner of trip and fall sidewalk accident cases in New York and are dedicated to securing the compensation you deserve.
If you or a loved one has been injured in a New York City sidewalk accident, call our office today at 212-889-9362 for a free consultation. Let us help you hold the responsible parties accountable and ensure you receive the justice and compensation you need to recover and move forward.
