Sidewalks in the Bronx should provide a safe passageway for New York residents as they walk to work, school, stores, and public transportation. Unfortunately, issues like cracked pavement, uneven sidewalk slabs, slippery ice, and poor maintenance can turn a trip down the block into a trip to the hospital. When an unsafe sidewalk causes you serious harm, you deserve accountability. The experienced Bronx sidewalk accident lawyers at Oresky & Associates, PLLC, want to help you get it.
We have over 30 years of success in personal injury cases, recovered over $500 million in settlements and verdicts, and garnered hundreds of positive reviews from clients across the Five Boroughs. We’re prepared to fight for the outcome you deserve. Contact us today to learn more about your options during a free, no-obligation consultation. Your case evaluation is fully confidential, and you pay nothing unless we successfully resolve your matter. Hablamos español.
Why Should I Hire a Bronx Attorney for My Sidewalk Accident Claim?
Any personal injury claim can be difficult to pursue without legal help, but sidewalk injury claims come with unique challenges that make them especially difficult. These cases can involve complicated liability issues, as it’s not always clear whether the government or a property owner is responsible for sidewalk maintenance. When the government bears responsibility, you must meet strict notice requirements and tighter deadlines.
Because sidewalk injury claims come with these complications, it’s essential to work with an experienced attorney on your case. The attorneys at Oresky & Associates, PLLC, can help by doing the following:
- Informing You of Your Rights – Our attorneys can review your case for free and then explain your best options for holding the at-fault party accountable and recovering maximum compensation.
- Investigating the Incident – Liability can be complicated in these cases, but our experienced sidewalk injury lawyers know how to investigate the incident and determine who is responsible.
- Gathering Evidence – Proving your claim and holding the at-fault party responsible requires ample evidence. We can gather incident reports, witness statements, accident scene photos, maintenance records, surveillance footage, medical records, and expert testimony.
- Providing Compassionate Support – Our team puts clients and their loved ones first, and we treat them like family. We make sure to listen, understand, offer guidance, and communicate openly throughout the legal process.
- Calculating Compensation – Your attorney can work with medical and financial experts to determine the full extent and impact of your injuries on your daily life and finances to calculate the full value of your claim.
- Dealing with Insurers – Insurance companies use various tactics to reduce your payout. Our attorneys can protect your rights by handling all communications with them.
- Negotiating and Litigating – Your Bronx sidewalk accident attorney can advocate aggressively for the settlement you deserve. If insurers refuse, we’ll be ready to take your claim to court and fight for a favorable verdict.
Reach out to us today. Your case review is free and fully confidential.
What Are the Types and Causes of Sidewalk Accidents?
Sidewalk injuries happen for many reasons, especially in a busy borough like the Bronx. Some of the most common causes of sidewalk accidents include the following:
- Broken, raised, or misleveled concrete slabs
- Uneven sidewalks, or “flags”
- Potholes and depressions caused by tree roots
- Standing water from poor drainage
- Ice or snow that property owners fail to remove
- Loose debris, garbage, construction materials, and other clutter
- Improperly placed cellar doors or utility covers
What Are New York’s Sidewalk Defect Laws?
NY code § 19-152 plays an important role in sidewalk accident cases. The code section addresses sidewalk maintenance and requires property owners to keep adjacent sidewalks in a reasonably safe condition. Violations of this code often provide strong evidence for a sidewalk injury claim.
New York law recognizes that not every sidewalk imperfection should create a liability issue. The law focuses on significant defects that create dangerous conditions for pedestrians. To determine whether a defect creates liability, your sidewalk accident lawyer in the Bronx takes the following into account:
- The size, depth, and appearance of the defect
- The location of the defect and the amount of pedestrian traffic
- Lighting conditions at the time of the accident
- Weather conditions and visibility
When it’s clear that the property owner caused the condition that resulted in an accident, or failed to address a dangerous defect that they should have known about, those actions or inactions may give rise to liability for which you can be compensated.
Who Could Be Held Liable for Sidewalk Accidents?
Liability for sidewalk injury cases in New York can be a complicated issue. NY code § 7-210 shifts most sidewalk maintenance responsibility from the City to property owners, but many cases involve multiple potentially liable parties.
Under NY code § 7-210, owners of real property abutting a sidewalk must maintain that sidewalk in a reasonably safe condition. This rule applies to most residential and commercial properties, except certain owner-occupied homes.
Potentially liable parties in a sidewalk injury lawsuit include the following:
- Commercial property owners
- Landlords and property management companies
- Businesses that control or use the sidewalk area
- The City of New York, in limited situations
- Contractors who performed negligent sidewalk work
At Oresky & Associates, PLLC, our team investigates ownership records, maintenance logs, permits, and prior complaints to identify every party who may bear sidewalk accident liability. This approach maximizes available insurance coverage and strengthens your claim.
