In New York City there are statutes which define the legal responsibility to maintain sidewalks. The New York Administrative Code Section 7-210 which was effective on September 14, 2003 (and therefore applicable since that date, ) provides that it is the legal duty of the owner of a property abutting any sidewalk (including the intersection portion for a corner property) to maintain the sidewalk in a reasonably safe condition.
By law, owners of any property set adjacent to a sidewalk is liable for any accident on that portion of walkway if the cause was failure to maintain safe conditions. The description includes actions such as failing to replace, repair, repave, or reconstruct, any damaged areas. It may also encompass not removing ice, dirt, snow, or other materials from the walk space, and doing so in a timely fashion.
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.
Please feel free to call the Frankel Law Firm located at 275 Madison Avenue, New York, New York at (212) 888-5100 in order to discuss any case (new or old) involving a serious personal injury. The consultation is free. We practice throughout the State of New York including in the courts located in Brooklyn, Queens, Bronx and Manhattan.
By law, owners of any property set adjacent to a sidewalk is liable for any accident on that portion of walkway if the cause was failure to maintain safe conditions. The description includes actions such as failing to replace, repair, repave, or reconstruct, any damaged areas. It may also encompass not removing ice, dirt, snow, or other materials from the walk space, and doing so in a timely fashion.
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.
Please feel free to call the Frankel Law Firm located at 275 Madison Avenue, New York, New York at (212) 888-5100 in order to discuss any case (new or old) involving a serious personal injury. The consultation is free. We practice throughout the State of New York including in the courts located in Brooklyn, Queens, Bronx and Manhattan.
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Our award-winning Brooklyn personal injury attorney will work hard to win your legal case in court. To schedule an appointment now, visit this website at http://frankellawfirm.com/.
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