The rule is clear, property owners must keep their premises’ in a
reasonably safe condition so that visitors are not harmed by dangerous
conditions on the property. With this said,
experienced Newburgh slip and fall accident attorneys know that some types of property have ownership that is blurred; even
if not blurred, those of whom are responsible for maintaining the property
can be confusing.
Nowhere is this truer than it is with sidewalks. Sidewalks are commonly
designed and constructed by governmental agencies. The property on which
sidewalks sit is public property owned by the government. And yes, while
some nuances exist, government agencies have the same duty of care as
do private landowners.
Therefore, if any person
trips or slips and falls on an unreasonably dangerous sidewalk condition, the victim can sue the
government for compensation. Be advised, however, exceptions may exist.
In some cities, towns, and villages, local law dictates that property owners
adjacent to the sidewalk are responsible for maintaining the condition
of sidewalks. In those jurisdictions, the government will not be the defendant;
rather, the private property owner next to the defective sidewalk will
be the proper defendant.
Sidewalks are hazardous any time of year and not just in the winter when
snow and ice cover the paths. Common sidewalk hazards are:
- Uneven walking surfaces.
- Broken pavement.
- Missing parts of sidewalk.
- Icy and or snowy walking surfaces.
- Various other types of debris and substances on the sidewalk.
- Improperly designed sidewalks.
Slipping and falling to the ground is no laughing matter. Tripping on broken sidewalks can
cause many types of injuries, some serious. While many injuries can happen,
here is a list of the more common sidewalk slip and fall injuries:
- Bone fractures, specifically to the hands and arms.
- Facial fractures.
- Skull fractures.
- Hip fractures.
- Disc injuries.
- Spinal fractures.
- Muscle sprains.
Some of these injuries will be temporary and lost from the victim’s
memory as time passes. Other injuries, however, may persist for a long
time, forcing the victim to receive long-term rehabilitation and even
alter his or her lifestyle.
Whatever the case may be, the person or entity responsible for the sidewalk
maintenance where the victim fell can be made to pay in a court of law.
Pain and suffering, lost wages, medical expenses, rehabilitation costs,
and even lost earning potential can all be claimed against the offending
Learn more about what you should know about New York slip and fall accidents in
our latest article posted here. Read more about New York slip and fall accidents at stores in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.