Legal Blog of Attorney Lawrence B. Saftler

New York City Sidewalk Falls

By lsaftler on May 20, 2008

The Saftler Law Firm has been at the forefront of pressing claims against both the City and private landowners for falls from City sidewalks which cause injuries to unsuspecting pedestrians. There has been a new Code enacted since 2003 which, in essense, transfers liabilty from the City of New York to adjoining landowners, so long as they are not one, two or three family dwellings. The law states in substance that it is the duty and responsibility of the owner of abutting real property to maintain the sidewalk in a reasonably safe condition, the failure of which will render them liable for injuries, death or property damage by reason of their neglect.

This law is a relatively new law and as with all new laws requires definition. For instance, who is responsible for a curb? This has been determined to be the City’s responsibility by the courts. Another example is who would be responsible for a sidewalk defect when the City is at the root of the cause for the defect, as in tree roots. In Manhattan, a Judge stated it was the landowner under the new law, whereas in Queens, Brooklyn and Staten Island, the law is that the City may still be held responsible for their tree rooted causation of City sidewalk defects.  In a case handled recently, a pedestrian was traversing the theatre district when she fell over a defect the City admitted responsibility for, causing and creating the condition, while the adjoining landowner, based on the City’s admissions moved to be dismissed. This motion was denied based on the new law, the court indicating thaat causation was irrelevant to the new responsibility imposed under the new code. Ultimately, the City and landowner split the settlement 50/50.

When it comes to falls on City sidewalks or curbs or wherever else the City would  be fully responsible, for example, say you fall in front of a police station or a City School playground, the City requires at least 15 days prior written notice of that defect in order to attach liabilty against the City, a further hurdle for an injured party to recover.

 Sometimes navigating the streets and sidewalks of the City can be far less difficult than knowing who is ultimately responsible for an accident pertaining to a sidewalk defect, nothwithstanding clear and unambiguous language from the new code and law. Therefore, tread carefully my fellow pedestrians and choose your attorney wisely.

Posted in Accidents, Defects, Fall Downs, Personal Injury, Sidewalk & Street |