Do I Sue the City of New York If I Trip on a New York City Misleveled Sidewalk?
The correct answer is: Possibly.
When the City Can Still Be Liable
Although Administrative Code § 7-210 has shifted the responsibility for maintaining abutting sidewalks to the abutting property owner, the City can still have potential liability in particular circumstances, but identifying the correct defendant requires experience and an investigation.
Recent New York appellate decisions continue to address disputes over who is responsible for particular sidewalk conditions, such as sidewalk grates, tree wells, and other specialized portions of sidewalks.
Claims that are brought against the City of New York have additional legal requirements.
The Prior-Written-Notice Requirement
New York City’s prior-written-notice law generally requires that the City have previously received actual written notice of the specific defective or dangerous sidewalk condition that caused your injury before the City can be held liable for failing to correct it. New York courts have repeatedly recognized prior written notice as a condition that generally must be established in a sidewalk case against the City.
Evidence of prior written notice can include records of complaints or other legally sufficient written notice concerning the particular defect. In some circumstances, a Big Apple Pothole and Sidewalk Protection Committee map can constitute prior written notice of a sidewalk defect. It may also happen that a prior case was filed for the same condition that caused your fall, which can also be used as notice to the City.
Exceptions to Prior Written Notice
The precise facts of every accident are extremely important, as there are some exceptions to the prior-written-notice requirement, such as when the City affirmatively created the dangerous condition through its own work or negligence.
The 90-Day Notice of Claim Deadline
It is also important to be aware that a document called a Notice of Claim must be filed with the City of New York within 90 days of your accident. If this document is not filed within the required 90 days, you may lose your right to bring a lawsuit to recover compensation for your injuries.
Contact Us
If you or a loved one suffered an injury due to a trip and fall as a result of a defective and dangerous sidewalk and are in need of legal assistance, call the Lawyers at Jaroslawicz & Jaros at 212-227-2780, or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.
Please call to ensure that you do not waive your right to compensation. You can call Abraham Jaros on his cell at 917-842-9544 or email him at ajaros@lawjaros.com.
By: Abraham Jaros, Jaroslawicz & Jaros, PLLC Admitted to the New York Bar in 1973