Broken sidewalks can cause serious injuries. When a property owner or another responsible party fails to maintain a sidewalk properly, an injured pedestrian may have grounds to pursue compensation for medical expenses, lost income, pain and suffering, and other losses. The circumstances of each accident determine whether a legal claim is available.
New York City has more than 12,000 miles of sidewalks that serve residents, workers, visitors, and people using wheelchairs, strollers, and other mobility devices. With pedestrians relying heavily on this network every day, maintaining safe and accessible sidewalks is an important responsibility.
The city recognizes conditions such as cracked or uneven pavement, raised sections, and improper slopes as sidewalk defects. If you are injured because of one of these hazards, a New York City broken sidewalk injury lawyer can help determine who may be responsible and whether you may have a claim.
This article covers the key factors that can make a broken sidewalk accident the basis for an injury claim.
Table of Contents
Common Sidewalk Hazards
Sidewalk defects can take many forms. A raised section of pavement can catch someone’s foot and cause a trip. A deep crack or hole can create a similar hazard, while loose or broken pavement may cause someone to lose their balance.
Tree roots, poor repairs, construction work, weather-related deterioration, and inadequate maintenance can all contribute to sidewalk problems. Some hazards may be difficult to notice, particularly at night or when pedestrians are distracted by surrounding traffic and activity.
Sidewalk Defects That Can Cause Injuries
A person does not have to fall from a significant height to suffer a serious injury. A sudden trip can cause someone to land on their hands, knees, shoulder, hip, or head.
Common injuries can include fractures, sprains, torn ligaments, bruising, back injuries, and head injuries. Some people may require emergency treatment, physical therapy, medication, or surgery.
The financial consequences can also extend beyond immediate medical care. An injury may prevent someone from working, performing household responsibilities, or participating in normal activities.
Who Can Be Held Responsible?
Determining liability is one of the most important parts of a broken sidewalk claim. New York City rules generally place responsibility for maintaining sidewalks next to private property on the adjoining property owner, although there are important exceptions.
New York City’s Administrative Code Section 7-210 generally requires owners of real property abutting sidewalks to maintain them in a reasonably safe condition and can make an owner liable for injuries proximately caused by a failure to do so.
However, not every sidewalk accident automatically creates a claim against a property owner. The specific location, type of property, cause of the defect, and circumstances of the accident can affect liability.
Why Evidence Matters in a Sidewalk Injury Claim
Evidence is especially important in sidewalk injury cases because conditions can change quickly. A property owner may repair the damaged area after an accident, eliminating evidence of what caused the fall.
If possible, take photographs of the sidewalk defect from several angles. Include surrounding landmarks so the exact location can be established. Photographs of visible injuries can also be useful.
Keep medical records, bills, receipts, employment records, and other documents showing how the injury affected your life. Witness information can also help establish what happened.
How Prior Complaints Can Support Your Claim
Reporting a broken sidewalk can create an additional record of the dangerous condition. New York City provides a system for reporting sidewalk problems, and the Department of Transportation may inspect certain damaged sidewalks and issue a notice of violation when appropriate.
If a hazard has already been reported, records concerning the condition may become relevant when determining whether the responsible party knew or should have known about the problem.
Do Not Ignore Delayed Symptoms
Some injuries may not become obvious immediately after a fall. Pain, swelling, stiffness, headaches, or other symptoms can develop later.
Seeking medical attention promptly is important for both health and documentation. A medical professional can evaluate the injury and recommend appropriate treatment. Following medical advice and attending follow-up appointments can also help establish the extent of the injury if a claim is pursued.
Understanding Your Legal Options
A broken sidewalk injury claim can involve questions about ownership, maintenance responsibilities, notice of the defect, the cause of the accident, and the extent of the resulting injuries.
An attorney can investigate the location, identify potentially responsible parties, gather evidence, communicate with insurers, and evaluate potential damages. This can be particularly helpful when liability is disputed or injuries are significant.
Key Takeaways
- Broken sidewalks can cause trips, falls, and serious injuries.
- Common hazards include cracks, holes, uneven surfaces, and raised pavement.
- New York City Administrative Code Section 7-210 addresses property-owner responsibility for sidewalk maintenance and liability.
- The responsible party depends on the location and circumstances of the defect.
- Photographs, medical records, witness information, and reports can help support a claim.
- Prompt medical care is important even when symptoms initially appear minor.
- A legal professional can help investigate liability and determine whether compensation may be available.
