New York City Sidewalk Trip and Fall Accident FAQs
Trip and fall accidents on New York City sidewalks are more common than many people realize. Uneven pavement, cracks, tree roots, and icy conditions all pose risks to pedestrians. If you have been injured in a sidewalk trip and fall accident, you likely have many questions about your rights and options.
Below are answers to some of the most frequently asked questions about sidewalk trip and fall accidents in New York City.
What is the average payout for slip and fall in New York?
Settlement amounts vary widely depending on the severity of the injury, medical costs, and the impact on the victim’s life. The average payout can range from $15,000 to over $1 million, with more severe injuries generally resulting in higher settlements.
Can you sue NYC for falling on the sidewalk?
Yes, you can sue the City of New York if your fall occurred on a sidewalk the city is responsible for maintaining. However, under New York City Administrative Code § 7-210, adjacent property owners are typically responsible for sidewalk maintenance. If the city is at fault, a Notice of Claim must be filed within 90 days of the accident.
How long does a slip and fall case take to settle in NYC?
The timeline varies, but most cases take anywhere from a few months to several years, depending on the complexity of the case, the severity of injuries, and whether the case goes to trial.
What is the statute of limitations for trip and fall in New York?
For personal injury claims, the statute of limitations is generally three years from the date of the accident. If suing a government entity, a Notice of Claim must be filed within 90 days, and the lawsuit must be filed within one year and 90 days.
What is the highest payout for trip and fall?
While every case is unique, some trip and fall claims have resulted in multi-million-dollar settlements when severe injuries or permanent disabilities are involved.
How successful are trip and fall lawsuits?
Success depends on the strength of the evidence, liability determination, and quality of legal representation. Cases with clear negligence and substantial injuries often result in favorable settlements or verdicts.
Who is liable if someone trips on a sidewalk?
Property owners in New York City are responsible for maintaining the sidewalks adjacent to their property. If a pedestrian trips and falls due to a sidewalk defect, the property owner may be held liable for injuries.
Can you claim compensation for falling?
Yes, if the fall was due to someone else’s negligence, such as a hazardous condition on a sidewalk, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Is the sidewalk part of your property in NYC?
In New York City, sidewalks adjacent to private property are generally considered the responsibility of the property owner, with certain exceptions.
What are some common causes of NYC sidewalk trip and fall accidents?
Common causes of sidewalk trip and fall accidents include:
- Cracked or broken pavement
- Uneven surfaces or abrupt elevation changes
- Loose or missing sidewalk slabs
- Potholes or depressions
- Construction debris or sidewalk obstructions
- Tree roots pushing up sidewalk sections
What should I do immediately after a sidewalk trip and fall accident?
Seek medical attention, document the scene with photos, collect witness information, and report the incident to the property owner or local authorities.
What kind of injuries result from trip and fall accidents?
Common injuries include fractures, sprains, head injuries, back and spinal cord injuries, and torn ligaments.
How can I prove negligence in a sidewalk trip and fall case?
Evidence such as photos of the defect, witness statements, surveillance footage, and maintenance records can help prove negligence.
How much does it cost to hire a trip and fall lawyer in NYC?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win or settle your case.
Can I still recover compensation if I was partially at fault for my fall?
Yes, New York follows comparative negligence laws, which means you can still recover damages even if you were partially at fault, though your compensation may be reduced proportionally.
Do I need to go to court for a sidewalk trip and fall case?
Most cases are settled out of court, but if a fair settlement isn’t reached, your case may proceed to trial.
Can a city employee be held personally responsible for my injury?
Typically, city employees are not personally liable for injuries caused by sidewalk defects, but the city itself may be held responsible.
What damages can I recover in a sidewalk trip and fall lawsuit?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and permanent disability.
How long do I have to file a claim against a private property owner for a sidewalk accident?
The statute of limitations for a claim against a private property owner is three years from the date of the accident.
Contact Leandros A. Vrionedes
If you or a loved one has been injured in a sidewalk trip and fall accident in New York City, legal help is available. Leandros A. Vrionedes, P.C. has the experience and dedication needed to secure the compensation you deserve.
Call today for a free consultation to discuss your case and learn about your legal options. Don’t delay—your time to file a claim is limited.
