Why Choose Us?
Injuries caused by uneven pavement can change your life in seconds. Our firm understands New York sidewalk laws and how liability is proven in these cases. We focus on clear guidance, thorough investigation, and practical solutions for injured New Yorkers.
- Decades of experience handling New York slip and fall claims
- Free, no obligation consultations
- Personalized attention from start to finish
- Proven results in premises liability cases
- Strong local knowledge of New York City sidewalk laws
Every day, New Yorkers suffer injuries after tripping on uneven payment. Indeed, slip and falls on public sidewalks are one of the most common types of accidents. If you have been injured after tripping on uneven pavement, the law office of Michael LoGiudice can help you obtain just compensation.
Who Is Responsible for Injuries Caused by Uneven Pavement in New York?
In New York, responsibility for uneven pavement injuries depends on who owns or controls the sidewalk where the fall occurred. In most cases, the injured person must show that the responsible party knew or should have known about the dangerous condition and failed to fix it.
Liability may fall on:
- The owner of the property abutting the sidewalk
- A business that controls or maintains the sidewalk area
- A contractor who performed negligent construction or repairs
- The City of New York in limited residential situations
Proving notice, meaning prior knowledge of the defect, is often the most important part of these cases.
Why Are New York City Sidewalks So Dangerous?
New York City is currently dealing with a significant number of dangerous sidewalks. These broken sidewalks create dangerous conditions for New Yorkers. New York City officials recently announced that they will fast-track repairs for 5,500 priority sites at which tree roots have broken up sidewalks. The City will also investigate other 50,000 existing sidewalk violations to determine if they are responsible for the damaged sidewalks. Going forward, New York City will be responsible for fixing these damaged sidewalks, not homeowners.
The New York City Department of Parks & Recreation currently offers a program to help repair severely damaged sidewalks. New Yorkers can become independent contractors after completing a tree work permit application. After completing the sidewalk repair, an individual can apply for compensation within 90 days of the repair. Only certain locations qualify for this program, mainly sidewalks damaged from tree roots that are adjacent to one, two, and family homes. The home must be occupied by the owner and cannot be used for commercial purposes.
Common Injuries Caused by Cracked or Uneven Pavement
Trip and fall accidents on pavement often happen suddenly, giving little time to brace for impact. These falls frequently result in injuries that require medical treatment and extended recovery.
Common injuries include:
- Fractures, including wrist, arm, ankle, and hip fractures
- Sprains and torn ligaments
- Head injuries and traumatic brain injuries
- Neck and spinal cord injuries
- Lacerations, bruises, and deep abrasions
- Pulled or strained muscles
Children and older adults face an increased risk of severe injuries, especially hip fractures and head trauma.
Proving Negligence After Tripping on Uneven Pavement
To recover payment from an insurance company or in a personal injury lawsuit, the injured person must prove that the property owner’s negligence caused his or her injuries. Property owners can and should fix dangerously uneven pavement conditions with proper planning. However, many do not make any attempt to fix the dangerously uneven pavement conditions abutting their property.
The following unsafe sidewalk conditions are often enough to show negligence on the part of the property owner:
- Cracked or broken slabs of pavement
- Loose slabs of pavement
- Missing slabs of pavement
- A sloped slab of pavement that retains water, snow, or ice
- Damage to the pavement caused by tree roots
- A hole in the sidewalk that is at least a half of an inch deep and one inch in diameter
- Dirt, gravel, or other sidewalk debris
- Unsafe sidewalk patchwork repairs that use unapproved materials such as asphalt
- Dangerous snowy or icy conditions
Can You File an Insurance Claim for Uneven Pavement Injuries?
Yes. Many uneven pavement claims are resolved through insurance. Businesses typically carry general liability insurance, while homeowners may have coverage under their homeowner’s policy.
An insurance claim may be available when:
- The sidewalk abuts a commercial property
- The fall occurred near a private residence not exempt under city law
- A contractor’s negligence contributed to the sidewalk defect
Insurance companies often dispute these claims, which is why careful documentation is essential.
When Can You Sue New York City for a Sidewalk Injury?
The City of New York is responsible for sidewalk maintenance only in specific situations, primarily when the sidewalk abuts a one, two, or three family owner occupied residence.
To sue the city, the injured person must prove:
- The city had prior written notice of the sidewalk defect
- The defect caused the injury
- A timely Notice of Claim was filed
Strict deadlines apply, and missing them can permanently bar a claim.
Bringing a Personal Injury Lawsuit After Tripping on Uneven Pavement
Under New York law, injured parties can bring a premise liability lawsuit to hold businesses and individuals accountable for injuries that happen on their property. Property owners who fail to take reasonable care to maintain their sidewalks may be liable for injuries caused by the uneven sidewalks. Under New York City law, the owner of the property abutting the dangerous sidewalk must maintain the sidewalk and keep it in a reasonably safe condition.
Contact Our New York Uneven Pavement Lawyers
If you were injured after tripping on uneven pavement in New York, our legal team can evaluate your case, identify the responsible party, and explain your options. We focus on protecting your rights and pursuing compensation for medical bills, lost income, and pain and suffering.
FAQs
How long do I have to file an uneven pavement injury claim in New York?
Most personal injury claims must be filed within three years. Claims against New York City have much shorter deadlines and require a Notice of Claim soon after the accident.
What if I was partially at fault for tripping?
New York follows comparative fault rules. You may still recover compensation, but your recovery can be reduced by your percentage of fault.
How much compensation can you receive for tripping on uneven pavement in New York?
Compensation for tripping on uneven pavement in New York depends on the severity of your injuries, the cost of medical treatment, lost income, and how the injury affects your daily life. There is no fixed amount. Minor injuries may result in smaller settlements, while serious injuries such as fractures, head injuries, or spinal injuries can lead to significantly higher compensation. Liability, insurance coverage, and whether the City of New York or a private property owner is responsible also play a major role in the final amount.