Brooklyn Personal Injury Attorney Advises On Sidewalk Responsibility

By Mark Marabut


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.

An owner of property set adjacent to sidewalks are legally liable for any accidents due to a failure to maintain safe conditions on that particular section of walkway. The law sites neglecting to repair, repave, reconstruct, or replace, any damaged portions. They also have the responsibility of removing any hazards such as dirt, snow, and ice in a prompt manner.

There are exceptions to the law which may put the liability on the city instead. This is possible in cases where the building is exclusively residential, houses multiple families, and is at least partly occupied by the owner. It is a complex code. It can be difficult to understand. That is one reason a qualified lawyer should be consulted.

There are additional laws that coincide with this one. One such code gives the owner a four hour window to react after a storm. It states that the person responsible for that section of sidewalk has just 4 hours to remove any snow or ice from the pavement. This does not include the time from 9pm to 7am. It also says that they must spread either ashes, sand, salt, or saw dust, depending on the circumstances.

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.

The laws are rather complex. When one is injured during a slip on a New York City sidewalk, they need to promptly seek legal counsel. Any delays may result in problems with witnesses or evidence. Some older cases might still be persuadable, but waiting is risky. Keep in mind: avoid delays. Seek representation quickly. Slips and falls can become legally complicated.

Frankel Law Firm can help with a free consultation in these situations. Contact them at (212) 888-5100 for offices located at 275 Madison Avenue. They operate throughout the state of New York.




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