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.
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 other New York City laws which amplify the application of this law. One such law is Administrative Code Section 16-123. This in effect gives a four hour window to act when a storm is in progress. Under this law, every owner, lessee, tenant, occupant or other person having charge of a building or lot in the City of New York and adjacent to any street where the sidewalk is paved, shall within four (4) hours after the snow has ceased to fall upon the sidewalk, remove the snow or ice or deposit of any dirt on the sidewalk. This four hour window to act excludes the hours of 9 PM and 7 AM. It also provides that the property owner must spread salt, ashes, sand, sand dust in certain situations and has various other provisions applying when the snow falls and immediately becomes hard and frozen.
If the property owner is found to have been negligent in complying with all matters covered by these laws, they may face liability for any injuries occurring within their section of responsibility.
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.
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 other New York City laws which amplify the application of this law. One such law is Administrative Code Section 16-123. This in effect gives a four hour window to act when a storm is in progress. Under this law, every owner, lessee, tenant, occupant or other person having charge of a building or lot in the City of New York and adjacent to any street where the sidewalk is paved, shall within four (4) hours after the snow has ceased to fall upon the sidewalk, remove the snow or ice or deposit of any dirt on the sidewalk. This four hour window to act excludes the hours of 9 PM and 7 AM. It also provides that the property owner must spread salt, ashes, sand, sand dust in certain situations and has various other provisions applying when the snow falls and immediately becomes hard and frozen.
If the property owner is found to have been negligent in complying with all matters covered by these laws, they may face liability for any injuries occurring within their section of responsibility.
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.
About the Author:
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/.
No comments:
Post a Comment