New York’s bustling streets are not just a testament to its vibrant energy, but also to the diverse responsibilities that property owners bear. Among these responsibilities is the maintenance and safety of the sidewalks adjoining their properties. As a resident or business owner in New York, it’s crucial to understand the intricate web of laws and regulations surrounding sidewalk liability.
Sidewalks are the arteries that connect New Yorkers and visitors alike, serving as essential pathways for pedestrians. However, the responsibility for their upkeep lies primarily with the adjacent property owners. New York has specific laws to ensure that sidewalks remain safe and free from hazards. Contact Dalli & Marino, LLP if you need legal guidance on a sidewalk liability case.
What Is the Property Owner’s Responsibility?
New York’s premises liability laws stipulate that the property owner or manager adjacent to a sidewalk is responsible for maintaining and keeping it in a reasonably safe condition. This means promptly repairing any known defects or hazards that may threaten pedestrians. It’s crucial to note that this liability extends to both residential and commercial properties.
Property owners are responsible for addressing a wide range of hazards that could potentially cause harm to pedestrians. These perils may include cracks, uneven surfaces, potholes, snow and ice accumulation, loose debris, and other conditions that threaten safety. Regular inspections and timely repairs are necessary to mitigate potential risks and fulfill obligations as a property owner.
Sidewalk Liability and Legal Consequences
Understanding the legal implications of sidewalk liability is essential for property owners in New York. Failure to comply with the premises liability laws can lead to legal consequences.
Liability for Accidents
Property owners in New York may be held liable for slip-and-fall accidents on sidewalks adjoining their properties. If it can be proven that the property owner was negligent in maintaining the sidewalk and that negligence led to the accident, they may be held responsible for injuries and damages.
However, the prosecution must prove the following elements:
- Duty of Care: Property owners have a legal duty of care to maintain the sidewalks adjacent to their properties in a reasonably safe condition. If they fail to upkeep this duty of care, they may be found negligent.
- Negligence: To hold the at-fault party liable for a slip-and-fall on a sidewalk, it must be proven that the owner was somewhat negligent in maintaining the sidewalk. Negligence typically involves showing that the property owner failed to address a known hazard or that they should have reasonably known about it but failed to take appropriate action.
- Causation: It must be demonstrated that the hazardous condition on the sidewalk was a direct cause of the accident and resulting injuries. This requires gathering evidence to establish a link between the property owner’s negligence and the accident.
- Damages: If a property owner is found liable for an accident on their sidewalk, they may have to compensate the injured party for their medical expenses, pain and suffering, lost wages, and other damages resulting from the accident.
A skilled personal injury lawyer can help you fight for your rights if you were injured due to a property manager failing to maintain their sidewalk.
Consult Experienced New York Personal Injury Lawyers Today
Understanding New York’s property owner’s sidewalk liability laws is essential for residents and business owners. By being aware of these responsibilities and rights, you can ensure your safety and mitigate potential legal risks. Regular inspections, timely repairs, and compliance with the law are essential elements of responsible property ownership.
If you have been involved in a sidewalk accident and require expert legal guidance in New York, contact our experienced personal injury attorneys at Dalli & Marino, LLP. We are here to assist you in understanding your rights, navigating legal complexities, and safeguarding your interests. Call (888) 465-8790 or contact us online to schedule a consultation today. Our team also speaks Spanish.
