Large pothole in the middle of the road in a highway in Minas Gerais, Brazil

Defective Sidewalks and Streets: Liability for Accidents in New York

Did you recently get hurt in a slip-and-fall accident on a defective sidewalk or street in New York? An experienced lawyer can identify who is responsible and demand monetary compensation for your medical bills, income losses, and more.

Property Owner Responsibilities in Manhattan and Long Island

In Manhattan, property owners are responsible for maintaining the sidewalks adjacent to their properties. New York City laws require property owners to repair cracks, holes, and uneven surfaces and promptly remove snow, ice, and debris on abutting sidewalks. Property owners can be liable if they fail to maintain these areas and someone gets hurt on their premises. 

On Long Island, each town sets its own rules for sidewalk maintenance. For example, in the Town of Hempstead, property owners have 30 days to repair sidewalks after receiving notices from the town. If they fail to do so, the town can perform the repairs and bill the owner. In the Town of Huntington, property owners must clear snow, ice, and debris within four hours of snowfall between 7:00 a.m. and 9:00 p.m. Failure to maintain sidewalks can result in liability for injuries.

Common Types of Sidewalk and Street Hazards in New York

Slip-and-fall accidents can happen for many reasons on the sidewalks and streets of New York. Common types of slip-and-fall hazards in Manhattan and Long Island include:

  • Cracked or broken pavement
  • Uneven sidewalks
  • Loose or missing bricks
  • Tree roots pushing through pavement
  • Potholes in streets or sidewalks
  • Slippery surfaces due to oil or grease spills
  • Accumulation of snow or ice
  • Wet leaves that create slippery conditions
  • Debris or litter on sidewalks
  • Improperly placed construction materials
  • Missing or damaged manhole covers
  • Poorly lit areas
  • Puddles from obstructed drainage
  • Raised utility grates
  • Loose gravel or stones
  • Poorly maintained curb ramps

Liability for Slip-and-Falls on Defective Sidewalks and Streets

Liability for slip-and-falls on defective sidewalks and streets can fall on either a private property owner or the government, depending on where the accident happens.

If someone slips or trips on a sidewalk or street adjacent to private property, the property owner is usually liable. Most local ordinances in New York hold property owners responsible for maintaining sidewalks. This includes fixing cracks, holes, and uneven surfaces, as well as clearing snow and debris. If a defect on an abutting sidewalk or street leads to an accident, the injured person can file a claim against the property owner. 

If a slip-and-fall occurs on a public street or sidewalk, liability usually rests with the city, town, or municipality. Governments are responsible for maintaining public areas, but they also have limited immunity from liability. In some cases, injured parties must prove that the government had prior notice of the defect and did not repair it in time. Additionally, claims against government entities are subject to strict deadlines and filing requirements, so you should work with a knowledgeable attorney if you suspect you have this type of case.

How a Lawyer Can Help with Your Slip-and-Fall Accident Case

A lawyer can help with your slip-and-fall accident case by protecting your rights and handling the claims process while you recover. They can investigate the accident, gather evidence, and identify who is responsible for the unsafe condition that caused your fall. Your attorney can also handle communications with insurance companies and negotiate on your behalf to seek compensation for your injuries. If necessary, they can file a lawsuit and represent you in court. Having legal support reduces your risk of missing important deadlines or requirements and increases your chances of recovering fair compensation for the harm you suffered.

Contact a New York Slip-and-Fall Attorney Today

If you’ve been injured in a New York slip-and-fall accident, contact The Kohan Law Group today for a free initial consultation. Our team is ready to review your case, explain your options, and pursue the financial recovery you deserve.