� slip, trip & fall - personal injury and products liability
litigation
tripping and falling on new york city sidewalks has, unfortunately,
become an all too common occurrence. for those who have been
injured as a result of a broken or uneven sidewalk, a claim
and/or lawsuit will most likely be brought against the city
of new york. new york city is responsible for maintaining our
public roadways and sidewalks in a reasonably safe condition.
there are several legal hurdles that persons who are injured
as a result of tripping and falling on a broken or uneven sidewalk.
for this reason, it is usually best to consult with an attorney
as soon as practicable after the accident.
the first and perhaps most significant hurdle is that the current
law in new york city requires that the city have notice of the
defective sidewalk that caused this accident. in fact, the law
states that the city must have received a written complaint
regarding that portion of the sidewalk at least fifteen days
prior to the date of the accident. the city is required to maintain
all these prior complaints in its "prior notification bureau."
of course, this law was meant to protect new york city from
potential claims for poorly maintained sidewalks. however, there
is a corporation that was formed through the efforts of the
new york state trial lawyers association, which acts as a watchdog
for these defective sidewalks. surveyors actually examine the
sidewalks of new york city and file complaints and maps indicating
the broken sidewalks with the department of transportation.
these complaints and maps enable people who have been injured
to show that the city received the statutorily mandated prior
notice of the existence of the defective sidewalk that caused
their injury.
beware, however, that this is not the only hurdle meant to
protect the city. for those who have been injured as a result
of a broken, uneven or defective sidewalk, a written notice
of claim must be filed within 90 days of the accident. this
is a strict requirement and, if this notice of claim is not
filed, the injured person may have waived his legal remedies.
once this written notice of claim is filed wit the city, the
injured person has one year and ninety days from the day of
the accident to file a lawsuit. again, even if a written notice
of claim was filed within the 90 days, if a lawsuit is not commenced
within the statute of limitations of one year and ninety days,
the injured person may have waived his legal remedies.
what may seem like a simple trip and fall matter at first glance,
may turn even more complicated. the city may not be the only
entity responsible for causing the accident. for example, an
adjacent landowner or public utility contractor may have been
responsible for causing the defective sidewalk.
if you have been injured as a result of tripping and
falling as a result of a defective sidewalk, there are several
preliminary steps you should take:
- although not legally required, it can be helpful to report
the incident to the police. of course, if you need medical
attention, call the police immediately.
- take photographs of the area and carefully map out where
the defective sidewalk is in relation to surrounding buildings
and streets. this is very helpful in determining whether the
city has received a prior notification regarding the particular
sidewalk where you fell.
- take the names and contact information of any witness to
the fall. with proper contact information, these witnesses
can always be reached at a later date.
- do not speak or give any written statements to any investigator.
of course, you should always cooperate fully with the police.
- as we mentioned before, you should contact a competent attorney
at your earliest convenience so that your legal rights and
remedies are not inadvertently waived.
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