November 19, 2010 (Press-News.org) With more than 12,000 miles of sidewalk, 8.4 million residents and 47 million visitors each year, it should come as no surprise that slip-and-fall accidents are as common as pigeons in New York City.
The extreme heat in the summer and cold in the winter wreak havoc on the city's sidewalks, creating holes, uneven surfaces, cracks and other hazards that can trip up even the most seasoned New York City pedestrians.
In most American cities, the law holds municipalities responsible for maintaining the safety of public sidewalks - and this was the rule for years in New York. But in 2003, the law changed and the onus for keeping the City's sidewalks in good repair was passed on to property owners.
Property Owners Liable for Sidewalk Upkeep
Under the City of New York's Administrative Code ?7-210, property owners have a duty to maintain the sidewalk abutting their property in a reasonably safe condition. This includes removing ice and snow on sidewalks , as well as dirt and other debris. There is also a duty to install, construct, reconstruct, repave, repair and replace defective sidewalk.
Some examples of defective sidewalk conditions property owners must repair include:
- Missing portions of the sidewalk
- Cracked sidewalk
- Visible holes in the sidewalk
- Loose sidewalk that seesaws
- Uneven sidewalk
- Improperly sloped sidewalk that collects water
Property owners who fail to maintain the portion of sidewalk in front of their properties or who do so negligently may be legally liable for any sidewalk fall injuries or property damage that results.
The 2003 changes in the law also require property owners to carry general liability insurance policies to cover injury and property damage claims from sidewalk accidents.
Buildings containing one, two or three-family units that are wholly or partially owner occupied and used primarily as residential properties are exempt from ?7-210.
Collecting Compensation from the City
In some cases, a victim of a slip-and-fall accident still can seek compensation from the City for his or her injuries. For example, the City generally is responsible for any defects that occurred in the sidewalk prior to the 2003 changes to the law, unless the defect occurred as a result of the property owner's acts or from the property owner's "special use" of the sidewalk. An example of a special use is a portion of the sidewalk that is also part of a property owner's driveway.
The City also may be responsible for any defects or dangerous conditions it creates in the sidewalk. For example, a court held the City responsible for a woman's injuries that occurred when she stepped into a metal circular hole that was left after the City removed a damaged fire hydrant. The court found that the City and not the abutting property owner had a duty to repair the unsafe condition.
Slip-and-fall victims also may seek a disbursement from the City when the property owner fails to pay a judgment. This may occur because the property owner does not carry the required liability insurance policy or did not purchase enough coverage to fully compensate the victim for his or her losses. When this occurs, the accident victim can petition the City for payment of the judgment.
To be eligible, the following conditions must be met:
- The judgment must have been entered and payment must not have been received for at least one year
- The petitioner must provide proof that the property owner does not have sufficient liability insurance or other assets to pay the judgment
- The petitioner must provide proof of efforts used to collect the judgment
- The petition must be filed within three years of the original judgment
It is important to note that the City only will compensate the victim for his or her unpaid medical expenses up to a maximum of $50,000. Additionally, the City only allocates a total of $4 million each year for these types of claims, so not everyone with an unpaid judgment may be able to collect it from the City.
Conclusion
Many believe that slip-and-fall accidents really aren't all that serious and only result in minor scratches and a bruised ego. But slip-and-fall accidents can be very serious and can result in broken bones, head and neck injuries, back injuries, soft tissue injuries, traumatic brain injuries (TBIs) and even death.
For more information on your legal rights following a slip-and-fall accident, contact an experienced New York personal injury attorney today.
Article provided by The Law Offices of Daniel A Kalish
Visit us at www.personalinjurylawnewyork.com/
Sidewalk Fall Injuries in New York City
New York City's 12,000 miles of sidewalk provides the setting for thousands of slip and fall injuries each year. New York has unique laws under which a person may recover for their resulting injuries.
2010-11-19
ELSE PRESS RELEASES FROM THIS DATE:
Leading Perimeter Hotel in Atlanta Announces a New Director of Sales
2010-11-19
The Holiday Inn Express & Suites Atlanta Perimeter Hotel North near Dunwoody, GA, which is part of Imperial Investments, LLC, recently named Pamela Haney their new Director of Sales. The premier Atlanta Perimeter hotel is pleased to welcome Ms. Haney to their management team. Haney is an experienced professional who has worked in the hospitality industry for the past 4 years with Hampton Inn and the Doubletree Alpharetta properties. Prior to that, she worked for Trammell Crow, a property management company. Haney has 20 years of experience in sales and customer relations. ...
Thistle Marble Arch Announces its Head of Housekeeping is Housekeeper of the Year
2010-11-19
Thistle Marble Arch's treasured head of housekeeping, Barbara Sheridan, is celebrating her new title of Housekeeper of the Year. Barbara received the honour at the annual industry awards ceremony celebrating operational excellence within hotels; the Hotel Cateys 2010.
Also shortlisted in the competition were housekeepers from London's Athenaeum Hotel, London's Park Plaza Riverbank and Manchester's Radisson Blu Hotel at Manchester Airport. Barbara gladly collected the sought-after award at a glamorous ceremony held in central London.
Fondly regarded by the entire ...
Superbreak Announces New Event Breaks
2010-11-19
Superbreak, the short break specialist, has announced the addition of several headline acts to its concerts and events break programme. The company has secured tickets to some of the most popular pop, rock and comedy acts currently touring including Kings of Leon, Bon Jovi and Peter Kay.
Recently Superbreak has noticed a surge in demand for its event breaks as its hotel and ticket packages for Take That's Progress Tour went on sale and interest into other live events soared. The Yorkshire based tour operator has responded to current customer demands' for big name acts ...
2entertain Announces the Release of Outnumbered Series Three on DVD
2010-11-19
2entertain has announced the release of Outnumbered series three on DVD. Fresh from its success at the 2009 British Comedy Awards, including the top prize of Best Comedy, the semi-improvised family-based sitcom Outnumbered returns for a third series.
Written by Andy Hamilton and Guy Jenkins (creators of 'Drop the Dead Donkey') this critically acclaimed comedy puts three young children at the very centre of the story - and allows them to improvise.
Series 3 introduces conspiracy theories, sex education, psychotherapy, colonoscopies, astrology and kangaroo saliva ...
Oculus Capital Group Acquires University Village at Slippery Rock
2010-11-19
Oculus Capital Group ("OCG"), an emerging multifamily and student housing owner and manager, has announced the acquisition of University Village at Slippery Rock (formerly known as "The Ivy" student apartments).
University Village at Slippery Rock is a 632-bed, 200-unit property located less than a quarter of a mile from Slippery Rock University in Slippery Rock, PA. The property offers two-bedroom, two-bathroom and four-bedroom, four-bathroom units. All units are equipped with stainless steel appliances, leather furniture, full-size washer and dryer, and hardwood cabinetry. ...
Embvue and Edgewood Ventures Announce Their Intent to Collaborate on Avionics Products for the Indian Aerospace Market
2010-11-19
Embvue Inc., a leading provider of certifiable embedded systems, network and testing products, and professional services for mission-critical, safety-critical and security-sensitive systems, announced today that it plans to enter into a strategic teaming agreement with Edgewood Ventures, an Indian-based technology accelerator focusing on high growth ventures for the Indian market.
A memorandum agreement was signed by both companies on November 10, 2010. The memorandum agreement sets out the basic terms of the business relationship between the companies and sets a timetable ...
New Name and Logo of Esa Unggul University Strengthens the Corporate Brand Identity
2010-11-19
INDONUSA Esa Unggul University is a leading private university in Jakarta, founded by Kemala Foundation. Today, the university has successfully maintained its position as one of the best in Indonesia.
For the future, INDONUSA Esa Unggul University will utilize its valuable resources in order to achieve the vision of the university: "Becoming a world-class university based on intellectuality, creativity and entrepreneurship which is powered by the quality management in delivering Tridharma."
The vision will be achieved through three purposeful missions:
1. Develop ...
Social costs of school success are highest for blacks, U-M study shows
2010-11-18
ANN ARBOR, Mich.---African American and Native American teens who do well in school suffer from a higher "nerd penalty" than white, Asian, and Hispanic youth, according to a new analysis.
"The negative social consequences of getting good grades were particularly pronounced for black and Native American students in high-achieving schools with small proportions of students similar to themselves," said University of Michigan developmental psychologist Thomas Fuller-Rowell, the lead author of the study.
The analysis of a nationally representative sample of more than 13,000 ...
Gene screening may refine prediction of heart attack risk, Mayo Clinic researchers say
2010-11-18
CHICAGO - Testing for 11 specific genetic variations in hundreds of people with no history of heart disease provided information that led to revision of their estimated heart attack risk, say Mayo Clinic researchers.
In a study presented today at the American Heart Association's Scientific Sessions in Chicago, the researchers say that using a genetic score like the one they tested may provide added information to help cardiologists better estimate risk of heart attack in their patients and treat them accordingly.
"The method we have been using for decades to predict ...
Doomsday messages about global warming can backfire, new study shows
2010-11-18
Dire or emotionally charged warnings about the consequences of global warming can backfire if presented too negatively, making people less amenable to reducing their carbon footprint, according to new research from the University of California, Berkeley.
"Our study indicates that the potentially devastating consequences of global warming threaten people's fundamental tendency to see the world as safe, stable and fair. As a result, people may respond by discounting evidence for global warming," said Robb Willer, UC Berkeley social psychologist and coauthor of a study to ...
LAST 30 PRESS RELEASES:
Insulin resistance is linked to over 30 diseases – and to early death in women, study of people in the UK finds
Innovative semaglutide hydrogel could reduce diabetes shots to once a month
Weight loss could reduce the risk of severe infections in people with diabetes, UK research suggests
Long-term exposure to air pollution and a lack of green space increases the risk of hospitalization for respiratory conditions
Better cardiovascular health in early pregnancy may offset high genetic risk
Artificial intelligence method transforms gene mutation prediction in lung cancer: DeepGEM data releases at IASLC 2024 World Conference on Lung Cancer
Antibody–drug conjugate I-DXd shows clinically meaningful response in patients with extensive-stage small cell lung cancer
IASLC Global Survey on biomarker testing reveals progress and persistent barriers in lung cancer biomarker testing
Research shows pathway to developing predictive biomarkers for immune checkpoint inhibitors
Just how dangerous is Great Salt Lake dust? New research looks for clues
Maroulas appointed Associate Vice Chancellor, Director of AI Tennessee
New chickadee research finds cognitive skills impact lifespan
Cognitive behavioral therapy enhances brain circuits to relieve depression
Terasaki Institute awarded $2.3 Million grant from NIH for organ transplantation research using organs-on-a-chip technology
Atoms on the edge
Postdoc takes multipronged approach to muon detection
Mathematical proof: Five satellites needed for precise navigation
Scalable, multi-functional device lays groundwork for advanced quantum applications
Falling for financial scams? It may signal early Alzheimer’s disease
Integrating MRI and OCT for new insights into brain microstructure
Designing a normative neuroimaging library to support diagnosis of traumatic brain injury
Department of Energy announces $68 million in funding for artificial intelligence for scientific research
DOE, ORNL announce opportunity to define future of high-performance computing
Molecular simulations, supercomputing lead to energy-saving biomaterials breakthrough
Low-impact yoga and exercise found to help older women manage urinary incontinence
Genetic studies reveal new insights into cognitive impairment in schizophrenia
Researcher develops technology to provide cleaner energy and cleaner water
Expect the unexpected: nanoscale silver unveils intrinsic self-healing abilities
nTIDE September 2024 Jobs Report: Gains in employment for people with disabilities appear to level off after reducing gaps with non-disabled workers
Wiley enhances NMR Spectral Library Collection with extensive new databases
[Press-News.org] Sidewalk Fall Injuries in New York CityNew York City's 12,000 miles of sidewalk provides the setting for thousands of slip and fall injuries each year. New York has unique laws under which a person may recover for their resulting injuries.