Who Is Liable for a Sidewalk Accident in New York?

The answer is complicated because it depends. Before you can decide who is liable for a sidewalk accident in New York, you must first establish where the accident occurred. From there, you can identify the party responsible for maintaining the sidewalk in that area. 

Examples of people who may be responsible for a sidewalk accident in New York are as follows: 

• Property owners
• The city of New York
• Third-party contractors
• The injured party

A New York slip and fall injury lawyer can help you determine liability and prove responsibility in your slip and fall case. In the meantime, let’s take a look at the statute of limitations for slip and fall accidents in New York. Then, we’ll look into potentially liable parties more closely. 

Statute of Limitations for Slip and Fall Accidents in New York, NY

The statute of limitations for slip and fall accidents in New York is generally three years. This three-year statute begins on the date of the incident. 

In other words, you must adhere to this deadline if you want to seek compensation for your injuries. Victims of a slip and fall accident have 36 months to file a claim against the party who is responsible for the accident. If you fail to file within this timeframe, you may lose your legal right to justice. 

While three years sounds like a long time, it goes by very quickly, and you could end up overestimating how much time you have if you’re not careful. That’s why it’s wise to hire us as your New York personal injury lawyer. We can help you ensure that you meet deadlines. 

Who is Responsible for Maintaining Sidewalks in New York?

In addition to asking about the statute of limitations, you might be wondering who is liable for maintaining New York sidewalks. As we mentioned earlier, the answer depends on the circumstances at play.

Property Owners 

If a property owner’s negligence led to the accident, you may be able to file a personal injury lawsuit against the owners of the property. Negligent actions may include failing to repair cracks, fill potholes, tend to blatant hazards, shovel snow, or remove ice in a timely manner.

However, proving negligence is not always easy. As a law firm that handles slip-and-fall cases, we can establish that the property owner knew—or should have known—about the dangers that the applicable condition posed and then failed to act.

Third-Party Contractors 

In cases where third-party contractors were hired to perform construction or maintenance on the sidewalks where you fell, they may be liable if their actions are proven to be negligent. You may have a case if they failed to follow safety protocols, resulting in hazardous conditions. 

The Injured Party

Believe it or not, the victim of a sidewalk injury might be partially or fully responsible for the accident under certain circumstances. For example, if they were not paying attention to signs regarding sidewalk conditions or if they engaged in reckless behavior, they could be at fault.

How the City of New York Could Be Liable for a Sidewalk Accident in New York

If the city itself either A) owns the sidewalk or B) is responsible for maintaining said sidewalk—particularly near government buildings or parks—the city may be held liable for the incident that caused your injuries. 

In cases where the city neglects necessary repairs or maintenance, injured parties may file claims against the city for their injuries. However, suing the city is not a walk in the park—literally. It involves far more complicated legal requirements.

You may need to file a Notice of Claim within 90 days of the accident. Otherwise, if you miss this deadline, you might not be able to pursue compensation.

What Compensation Can I Pursue if Someone Else is Liable for My Sidewalk Accident in New York?

As the victim of a sidewalk accident, you might be entitled to certain forms of compensation. While you may not be able to receive all types of compensation related to personal injuries, here are examples of recoverable damages we can help you pursue:  

• Medical expenses
• Lost wages
• Pain and suffering
• Rehabilitation costs

How Can a Lawyer Help Me Prove Who is Liable for a Sidewalk Accident in New York?

An experienced personal injury lawyer can help victims of New York sidewalk accidents in many ways:

• Investigating the cause of your accident.
• Identifying all liable parties.
• Collecting and preserving evidence.
• Dealing with insurance companies on your behalf.
• Filing all necessary paperwork within the legal deadlines.
• Representing you in settlement negotiations or court, if needed.

By working with a lawyer, you can focus on your recovery while we handle the legal details and build a case on your behalf. 

Schedule a Free Consultation with a New York Slip and Fall Injury Attorney

So, who is liable for a sidewalk accident in New York? From property owners and the city of New York to third-party contractors and the injured party themselves, the liable party can be hard to determine. 

At Morelli Law, we understand the details that must be taken into account when proving fault in a slip and fall case. We are here to ensure that all legal points are properly addressed and all deadlines are met. 

Contact our law firm today for a free consultation to learn more about us and how we can defend your legal rights.