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Blog 2015 July Injured on Cracked Sidewalk? Who Do You Sue?
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Injured on Cracked Sidewalk? Who Do You Sue?

Posted By Mainetti Mainetti & O'Connor || 22-Jul-2015

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:

  • Potholes.
  • 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.
  • Concussions.
  • Hip fractures.
  • Lacerations.
  • 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 property owner.

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.

Categories: Premises Liability, Slip & Fall Injuries, Blog

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