Who Can I Sue if I Fell Because of Uneven Sidewalk or Pavement?
Slip and fall accidents can happen at any time. When uneven walking surfaces are the cause, it may be possible to recover compensation for damages through a personal injury lawsuit.
It’s important for those who have been injured in a slip and fall accident to understand when a slip and fall accident is grounds for a lawsuit and who can be sued. At Zucker & Regev, P.C., our personal injury attorneys offer consultations to victims of slip and fall accidents in and around Brooklyn, NY, and can help determine whether you have a strong case and who should be held liable.
What Causes Slip and Fall Accidents on Sidewalks or Pavement?
Slip and fall accidents can happen on any sidewalk or pavement but when walkways are poorly maintained, accidents can become more common. Uneven walking surfaces can catch pedestrians off guard and lead to serious slip and fall injuries.
Slip and fall accidents on sidewalks or pavement have a number of possible causes, including:
- Large cracks in the sidewalk or pavement
- Tree roots lifting the sidewalk or pavement
- Potholes
- Broken concrete or asphalt
- Poor maintenance
Who Can Be Sued for Uneven Sidewalk Accidents?
The party who is held liable for damages in an uneven sidewalk or pavement accident depends on who is deemed responsible for maintaining the sidewalk or pavement. This could be one or more property owners, local government, state government, or other entity.
According to New York City Department of Traffic (NYC DOT), the city is responsible for sidewalks on city-owned property while property owners are responsible for maintaining and repairing sidewalks adjoining their property.
NYC DOT further states that property owners may be held liable for personal injuries caused by a failure to maintain the sidewalk adjoining their property.
Who can be sued over injuries caused by a slip and fall on an uneven sidewalk depends on who is responsible for making repairs and maintaining the walkway. Our Brooklyn attorneys can review the details of your case to determine who should be held liable.
When Can I Sue for Slip and Fall Injuries?
Not every slip and fall accident on an uneven sidewalk or pavement will meet the criteria for filing a lawsuit. Because of this, it’s best to speak with a personal injury attorney to determine if a lawsuit is the right course of action. With that said, it’s important to understand that in order to sue someone for damages caused by a slip and fall accident the accident victim must be able to prove that:
- The party or parties responsible for maintaining the sidewalk or pavement were aware, or should have been aware, that the state of the walking surface was hazardous.
- The hazardous condition of the sidewalk or pavement was the primary cause of the accident and subsequent injury.
For example, if an accident occurred as a result of a cracked sidewalk on city-owned property, the city would have to have been notified about the hazard before the accident and failed to make necessary repairs in order to file a lawsuit.
Speak with Our Attorneys
If you have been injured in a slip and fall accident due to a poorly maintained sidewalk or pavement, it’s important to speak with an attorney to discuss whether you have a strong case for filing a lawsuit. To speak with one of our Brooklyn attorneys, we welcome you to schedule a consultation.
