Brooklyn Personal Injury Attorney Advises On Sidewalk Responsibility
Since 2003, New York City has had a code in place that outlines a property owner's responsibility in maintaining the sidewalk that borders said property. Failure to perform these duties could result in several different consequences. A Brooklyn personal injury attorney can advise on what could happen if someone is injured due to negligence.
The law goes on to state that the owner of the adjacent property to any sidewalk is liable for any injury to a person or to property which is caused by the failure of such owner to maintain the sidewalk in a reasonably safe condition. This includes the failure to install, construct, reconstruct, repave, repair, or replace a defective sidewalk. It also includes the failure to timely remove snow, ice, dirt, or other material from the sidewalk, or to negligently do so.
The one exception to the adjacent property owner being liable (rather than the City of New York who may be liable in certain circumstances) is when the property is a one, two or three family residential property that is in whole or in part owner occupied and, very importantly, used exclusively for residential purposes. Complicated? Yes it is. That is one very good reason that a lawyer should always be consulted to determine your legal rights.
This law is substantiated by others that add to it. One code provides a window of just 4 hours for the owner to take action following a storm. It says responsible parties are to have all ice and snow removed from the paved section within that time frame. The hours between 9pm and 7am are excluded from this rule. Depending on individual circumstances, it describes whether salt, saw dust, sand, or ashes, are to be used.
Any person injured by slipping and falling as a result of the owners negligent failure to act under the law or if the owner negligently and inadequately removed the snow leaving a hazard or creates a hazard by doing a bad or inadequate job, may be held liable to an injured person harmed by such failure to exercise ordinary care in discharge of their obligation under the law.
These are complex laws. Anyone experiencing injuries due to slipping on New York City sidewalks should seek legal counsel promptly. Delays can result in loss of evidence and witnesses. Certain older cases may still hold viable merit for pursuing. Remember: contact a lawyer. Avoid any delay. These situations are often legally complicated.
Frankel Law Firm can help with a free consultation in these situations. Contact them at (212) 888-5100 for offices located at 275 Madison Avenue. They operate throughout the state of New York.
The law goes on to state that the owner of the adjacent property to any sidewalk is liable for any injury to a person or to property which is caused by the failure of such owner to maintain the sidewalk in a reasonably safe condition. This includes the failure to install, construct, reconstruct, repave, repair, or replace a defective sidewalk. It also includes the failure to timely remove snow, ice, dirt, or other material from the sidewalk, or to negligently do so.
The one exception to the adjacent property owner being liable (rather than the City of New York who may be liable in certain circumstances) is when the property is a one, two or three family residential property that is in whole or in part owner occupied and, very importantly, used exclusively for residential purposes. Complicated? Yes it is. That is one very good reason that a lawyer should always be consulted to determine your legal rights.
This law is substantiated by others that add to it. One code provides a window of just 4 hours for the owner to take action following a storm. It says responsible parties are to have all ice and snow removed from the paved section within that time frame. The hours between 9pm and 7am are excluded from this rule. Depending on individual circumstances, it describes whether salt, saw dust, sand, or ashes, are to be used.
Any person injured by slipping and falling as a result of the owners negligent failure to act under the law or if the owner negligently and inadequately removed the snow leaving a hazard or creates a hazard by doing a bad or inadequate job, may be held liable to an injured person harmed by such failure to exercise ordinary care in discharge of their obligation under the law.
These are complex laws. Anyone experiencing injuries due to slipping on New York City sidewalks should seek legal counsel promptly. Delays can result in loss of evidence and witnesses. Certain older cases may still hold viable merit for pursuing. Remember: contact a lawyer. Avoid any delay. These situations are often legally complicated.
Frankel Law Firm can help with a free consultation in these situations. Contact them at (212) 888-5100 for offices located at 275 Madison Avenue. They operate throughout the state of New York.
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