Trip and Fall on Broken Sidewalks
Broken sidewalks pose a hazard to pedestrians, particularly if they are deeply cracked and situated in an area with high foot traffic. At The Cassisi Law Firm, our premises liability attorneys represent injured individuals in Queens and beyond who have been involved in trip and fall accidents, including mishaps on broken sidewalks. Accident victims are often able to recover damages for their injuries by holding a negligent property owner accountable. For over 30 years, the attorneys at The Cassisi Law Firm have been assisting them in navigating this process.Seek Compensation from a Property Owner Responsible for a Broken Sidewalk
Under New York law, property owners are required to maintain their sidewalks in a reasonably safe condition. A premises liability lawsuit may be appropriate if an individual is harmed by dangerous conditions on another person’s property, which can include a broken sidewalk. If a property owner fails to fix this type of hazard, and someone is hurt due to this failure, it may be liable for the resulting injuries under a negligence theory of law.
Negligence is designed to hold people and entities accountable for a breach of a duty of care. This type of claim usually consists of four elements. The injured party must show that the defendant owed a duty of care, and this duty must have been breached with some action that fell short of the standard that would have been appropriate in a certain situation. There must be a causal link connecting the breach to the accident, and damages must have arisen that are reasonably quantifiable.
Property owners generally have a duty to keep their premises safe for visitors and guests who are lawfully on them. As part of this duty, they likely are required to repair a broken sidewalk or place a sign or other warning of the sidewalk’s condition so that an unsuspecting visitor does not trip and fall. If a property owner fails to maintain a reasonably safe sidewalk, the first two elements of negligence likely would be demonstrated. The next step in asserting the right to compensation would consist of showing that the flaw in the sidewalk was directly responsible for the accident in which the plaintiff was hurt.
A victim of a trip and fall on another party’s property may be able to recover compensation for his or her injuries. Hospital bills, the costs of future treatment, and missed wages from work are examples of economic damages, which are relatively objective costs. Non-economic damages like pain and suffering are more subjective forms of harm that also are often sought by an accident victim.
It is important to file a negligence lawsuit within three years from the date of the trip and fall, or the statute of limitations likely will bar the court from hearing the case. In addition to this consideration, the potential decay of evidence such as surveillance videotapes and the memories of witnesses makes it important to consult a lawyer without undue delay.Discuss Your Injury Claim with a Queens Attorney
The knowledgeable injury lawyers at The Cassisi Law Firm can provide advice and representation to Queens residents and other victims of trip and fall accidents. We provide a free, confidential consultation and can be reached by phone at (718) 441-5050 or through our online form. The Cassisi Law Firm also represents injured individuals from the Bronx and Brooklyn as well as Nassau and Suffolk Counties.