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Can you sue for slipping on a NYC Sidewalk or tripping on a pothole?

Jun 16, 2014 | Personal Injury, Slip, Trip & Fall Accidents

New York City Mayor Bill De Blasio recently embarked on a tour of efforts to clean up the pothole-ravaged aftermath of one of the harshest winters in the city’s history. CBS New York reported that the city has repaired over 338,000 potholes since January 1, 2014. Still, residents are dialing 311 at a frantic pace to report holes in city roads and sidewalks that remain open and dangerous because the city simply cannot move fast enough. While the potholes remain, New York residents are becoming injured. If you or someone you love has been injured on a New York City sidewalk and you seek to recover damages for your injuries, an experienced New York slip and fall lawyer can help evaluate your case to identify the next steps you can take to recover for your injuries.

Who is Responsible for My Injuries?

When you are injured walking on a New York City sidewalk it seems logical that the city itself would be at fault when it fails to repair the potholes on public sidewalks. Unfortunately that is rarely the case. Under most circumstances the abutting landowner is primarily responsible for injuries incurred when a pedestrian falls on a sidewalk. Moreover, significant proof that the pothole existed at the time of the injury and the landowner was on notice of the sidewalk defect will need to be taken.

What to Do When You Have Tripped on a New York City Pothole

Slip and fall accidents can cause serious injuries that could affect your ability to do the things you enjoy and miss significant time at work. Further, you may incur significant medical bills as a result of your injuries. Unquestionably, after suffering an injury on a New York City Sidewalk you should first call 911 to seek medical attention to determine the extent of your injuries. In addition to prompting a quick response from the authorities, a report will be documented which will serve as a memorial of the date, time and exact location the injuries occurred.

Thankfully, most New York City residents have a camera with them at all times in the form of their mobile phone. If you are in condition to take a picture of the sidewalk defect that caused you to fall, take several photographs of the pothole so that you can memorialize the incident. Further, you should obtain the names and telephone numbers of any witnesses to the accident.

Why Should I Hire a Slip and Fall Lawyer in New York City?

Merely determining who to take action against after slipping or falling on a New York City sidewalk pothole can be a complex process. As discussed above, there are multiple factors involved in determining who is liable for a sidewalk injury. Additionally, the property owner will likely have an insurance company with a team of lawyers skilled in defending these types of cases who will try and paint the accident as your fault. Accordingly, if you are seeking to recover for injuries suffered as a result of slipping or falling on a New York sidewalk do not hesitate to call the experienced Brooklyn accident attorneys at Edelsteins Faegenburg & Brown, LLP at (718) 875-3550 for a free initial consultation. We will evaluate your case and advise you as to the proper course of action immediately.




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