How many times have you been walking on a sidewalk and tripped or stumbled? Probably many, especially in areas of New York City, such as Brooklyn, where there are many sidewalks filled with busy residents.
If slipping and falling on a sidewalk causes you an injury, you could have a right to compensation from the individual or entity responsible for maintaining the sidewalk.
Property owners have many responsibilities. When property owners install sidewalks on their property, they must properly maintain and repair them.
Even the slightest sidewalk defect can cause an injury. A 1-inch hole in a sidewalk or sidewalk squares that are raised as little as half an inch can cause a slip and fall that leads to an injury.
Property owners have a legal duty to keep their properties safe and free of hazards. This includes sidewalks. When property owners fail to keep their sidewalks in proper condition and that condition causes an injury, they are negligent.
Sidewalk violations
Additionally, property owners can receive a violation for failing to maintain their sidewalks. There are many conditions that property owners can be cited for, including loose, cracked, missing or uneven sections of the sidewalk, a slope that causes drainage issues, or pieces of the sidewalk sticking out.
An empty space below the flags, known as an undermined condition, is also something that could result in a sidewalk violation citation.
Obstructions on the sidewalk, poor lighting and loose gravel are examples of other conditions that could cause a sidewalk accident. Although a property owner may not always be cited for these types of issues, they are still signs of potential negligence on the part of the property owner.
What to do after a sidewalk accident
When you are using sidewalks, pay attention to the condition of the sidewalks, especially if the sidewalks look like they are in poor condition. If you sustain an injury, take pictures and videos of the sidewalk conditions, as well as pictures of your injury.
Obtain the contact information of the property owner or entity responsible for maintaining the sidewalk. Report the incident to local law enforcement and ask for a copy of the incident report.
Talk with any witnesses who may have seen the accident. Keep their contact information in case you need to follow up with them. Check with other nearby property owners to see if the accident was caught on surveillance footage.
Seek medical treatment even if you do not see or feel any immediate injuries. Some injuries are not obvious right away. Follow the instructions of your doctor.
If a property owner negligently fails to maintain their sidewalks, you are at risk for an injury, no matter how carefully you act. Sidewalks injuries can happen to anyone who is using the sidewalk, whether as a pedestrian or bicyclist.
Proving negligence after a sidewalk injury can be tricky. Taking the right steps and having the proper evidence can increase your chance of recovering compensation.