Pothole Trip and Fall Accidents – Can I Sue?

Pothole Trip and Fall Accidents – Can I Sue? 2017-08-22T10:06:02+00:00

Any large American city has its share of potholes, and New York City is no exception. With more than 6,000 miles of city sidewalks, we’re sure to have our share of potholes. And while potholes in the streets of New York may only be a nuisance to drivers, the potholes covering sidewalks create the potential for harmful slip, trip & fall accidents for many pedestrians.

Were you injured in a New York City pothole trip & fall accident? With the guidance of a NYC personal injury lawyer, pothole slip and fall accident victims can seek compensation for medical expenses and lost wages in a personal injury lawsuit. The experienced pothole trip and fall attorneys at Banville Law are dedicated to advocating for New York City’s victims of negligence.

New York City Pothole Slip, Trip, & Fall Accident Lawyers

Banville Law has a successful history of representing the rights of NYC accident victims. We believe that every client should be treated with the utmost respect, that every case should be fought with aggressive, efficient legal representation, and that every negligent property owner should be held responsible for their carelessness.

Who Is Responsible For My NYC Pothole Trip & Fall Accident?

For many years, pothole trip and fall accident victims were allowed to hold the City of New York directly responsible for injuries that were sustained on NYC’s streets and sidewalks. But in 1974, Mayor Ed Koch passed a local ordinance forcing pothole accident victims to demonstrate that NYC’s Department of Transportation had received written notice of the pothole’s existence before their accident occurred. Obviously, this protected NYC’s government from being held responsible, and many pothole trip & fall accident victims fell through the cracks.

In 2003, then-NYC Mayor Michael Bloomberg passed a law that formally transferred responsibility for the safety of sidewalks from the City of New York itself to landowners. This extended to the existence of potholes on what was once considered city property. Now, if you are injured in a NYC pothole slip & fall accident, the business owner who owns the property that “abuts” the sidewalk where your accident took place, can be held liable for your injuries.

Can I Sue The City Of New York For My Pothole Slip & Fall Accident?

In certain situations, the City of New York can still be held responsible for pothole slip and fall accidents. In particular, there are two exceptions to the rule stated above:

  1. If the City of New York directly owns the property on which your pothole trip and fall accident took place, it can still be found liable in a personal injury lawsuit and made to compensate you for your injuries and lost wages.
  2. If the building that abuts the sidewalk where your NYC trip and fall pothole accident happened is a 1-3 family home that is occupied by its owner and used only as a residence, compensation from the NYC government may be pursued in a slip and fall lawsuit.

Taking the City of New York to court is very different from suing an individual property owner. The applicable governmental agencies of New York City possess a vast array of legal and financial resources, have certain immunities, and are notoriously aggressive in fighting off allegations of negligence.

In order to successfully secure compensation for your pothole slip and fall-related injuries from the City of New York, you will need a personal injury lawyer with an extensive knowledge of NYC law and an impressive record of success. For more information visit our “Slip & Fall On City And State Property” page.

Contact A Pothole Trip & Fall Accident Lawyer

Over many years of legal practice, the pothole slip, trip & fall attorneys at Banville Law have held numerous property owners liable for the hazardous potholes on sidewalks for which they are responsible.

In several cases, our personal injury lawyers have even stood up to the City of New York, securing large settlements for our clients injured in pothole trip & fall accidents. If you or a loved one were injured contact our lawyers today for a free consultation.

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