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Can You Sue the City After Falling on an Uneven Sidewalk?

Can You Sue the City After Falling on an Uneven Sidewalk?

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The sidewalks in New York are notorious for their cracks, often due to lack of maintenance. Often, these dangerous defects are ignored, increasing the chance for pedestrians to suffer injuries.

 When precipitation seeps through the cracks and unrepaired sections of the sidewalk, it can result in uneven pavement, which can injure anyone walking on it. If you get hurt in this way, you may be able to sue the city.

 What to Know About a Sidewalk Injury

If you were hurt on one of Manhattan’s uneven sidewalks, you may be able to seek compensation from the city. However, you will need to prove that the entity responsible for maintaining the sidewalk must have known or should have known that this hazardous condition existed.

 It must be proven that the condition of the sidewalk was a substantial factor in causing your injuries. You’ll also need to determine who is responsible for that portion of the sidewalk. It is the property owner that is responsible for the sidewalk, but when it abuts a family dwelling it could be the city that is responsible. For these reasons, it’s important to discuss your situation with a personal injury attorney.

 How to Prove If the Property Owner Knew the Sidewalk was Dangerous

Premises liability cases will require you to prove that the property owner – whether they are a private business or public entity – knew or should have known that the dangerous condition existed.

 When fighting the city of Manhattan for your slip, trip, or fall on a sidewalk you must prove that city officials had prior written notice about this hazard before the date you were injured. If snow or ice caused you to fall, then you need to prove they should have known it accumulated on the sidewalk. You will also need to prove that it was not cleared of these slippery hazards in a reasonable amount of time.

 What To Do If You Fall on One of NYC’s Uneven Sidewalks

After falling on a sidewalk in Manhattan, you should take the following steps to make sure your injury claim is strong:

 Get Evidence of the Hazard

You may be in pain, but taking photos or videos of the condition of the sidewalk in the moment of your accident is imperative. The city may try to repair the sidewalk quickly to avoid problems. Without photos, it will be your word against theirs.

 Additionally, if anyone saw you fall down, get their information and a witness statement. They may provide additional assistance in your lawsuit when proving this hazard existed.

 Get Immediate Medical Attention

A  successful personal injury claim requires proof that you suffered injuries from the dangerous sidewalk. Go to the doctor or the hospital and have your injuries treated. This will create a medical record of the incident to further prove your case.

 Talk to an Attorney

A Manhattan slip and fall lawyer can help you navigate a complex premises liability case involving city sidewalks. They will also be sure you file your lawsuit against the responsible party on time to get the compensation you deserve. 

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