The City of New York sidewalks and streets have numerous grates, cellar doors, manhole covers, gas caps and other objects embedded in the sidewalk and streets.
These structures are often not properly maintained and do cause injury to pedestrians who are caused to trip and fall due to their unsafe condition.
Section 2-07 of the Rules and Regulations of the City of New York require that owner of covers and gratings monitor their condition and the area extending twelve inches outward from the perimeter of the cover or grating. The provision also requires the owner to repair any defective condition of the cover or grating and the defective sidewalk/street area extending twelve inches surrounding.
The provision also requires that the hardware to be flush with the sidewalk/roadway. Hardware that extends greater than ½ inch above or below the street surface requires replacement.
Section 2-07 creates a basis for liability to the extent that a pedestrian is injured in a trip and fall related accident due to improperly maintained hardware.
There is also a basis for liability upon the party that derives a special use from the embedded hardware that is not properly maintained. This includes gas caps that provide a means of gas delivery, cellar doors that provide a means of access. Under these circumstances, the entity that derives the special use may be liable for the defective condition even if the hardware is not owned by the party that derives the “special use.”
If you or someone you know has been injured in New York City as a pedestrian as a result of the negligence of another, please contact our office for a free no obligation consultation.
CALL (212) 840-7000
NYC Sidewalk Accident Lawyer
The law firm of JOEL J. TURNEY, LLC., has significant experience is NYC sidewalk related accidents. Our lawyers know exactly what to do in representing a pedestrian involved in a NYC sidewalk accident. If you or someone you care about has been injured in a NYC sidewalk accident, contact our lawyers today. The consultation for any NYC sidewalk accident is always free and there is no obligation to retain our firm as your NYC Sidewalk Accident Lawyer.
Many people are unfortunately injured in NYC sidewalk related accidents and either do nothing or do not know what to do. NYC statutes place the burden upon the abutting property owners to the sidewalk (of qualified properties) to maintain the sidewalk in a condition compliant with the statute.
Failure to maintain a NYC sidewalk compliant with the statute may result in legal liability. If one has sustained minor injuries as a result of a trip and fall on a NYC sidewalk, then it does not make sense to pursue a legal claim. However, if a pedestrian has sustained a serious or significant injury as a result of a defective NYC sidewalk, then they should not delay contacting a lawyer with significant experience in NYC sidewalk accidents.
A lawyer fully familiar with NYC sidewalk accidents will know immediately what should be done to preserve the evidence of the dangerous condition, what records that are critical in a NYC sidewalk accident and how to pursue a NYC sidewalk related accident to get the best possible result for the injured pedestrian.
NYC Sidewalk Accident Lawyer