Slipping and falling on a sidewalk can be extremely painful and result in significant medical and other expenses. When an accident like this happens on someone else’s property, many people wonder what their rights are regarding collecting compensation for their damages. If you slipped on someone else’s sidewalk in New York, you may be able to file a claim. However, your rights and options depend on several factors. Continue reading and work with a knowledgeable Rockland County sidewalk accident lawyer for skilled legal representation during your case.
What is Premises Liability?
Under New York law, property owners have a legal responsibility to maintain their premises in a reasonably safe condition. This is referred to as premises liability law. If someone is injured because the owner failed to keep the premises safe, the property owner may be held liable for the resulting injuries and damages.
Premises liability applies to sidewalks lining the property. While sidewalks are generally considered public property and owned by the city or government, property owners are often responsible for maintaining them. According to the New York Administrative Code § 7-210, “It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.” For example, in New York, property owners are required to clear snow and ice from the sidewalks directly surrounding their property.
Can I File a Claim if I Slipped on Someone Else’s Sidewalk in NY?
If you slipped on someone else’s sidewalk in New York, you may be able to file a claim against them for your damages. However, the property owner will not automatically be considered liable. To successfully file a claim, you must prove their negligence, meaning that they either caused the dangerous condition, knew about it and did not take steps to fix it, or should have known about it and failed to act in a reasonable time or manner.
The four key elements of negligence are as follows.
- The property owner owed you a duty of care
- The property owner breached the duty of care by failing to maintain a safe environment
- The breach of duty directly caused or contributed to the accident
- You suffered actual damages as a result
If you were walking on the sidewalk while intoxicated, for example, and lost your balance, causing you to fall and break your wrist, the property owner will likely not be held responsible for your injuries, as they did not contribute to the accident. However, if it snowed that morning and the owner failed to shovel or de-ice the sidewalk, which caused you to fall, you can hold them liable.
If you have questions about your rights regarding premises liability claims, do not hesitate to contact a skilled attorney today.
