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New York Pothole Trip and Fall Accidents - Can I Sue?

Any large American city has its share of potholes, and New York and the surrounding counties are 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 pothole trip & fall accident? With the guidance of our injury lawyers, pothole slip and fall accident victims can seek compensation for medical expenses and lost wages in a personal injury lawsuit.

New York Pothole Slip and Fall Accident Lawyers

Banville Law has a successful history of representing the rights of New York 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.

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Who Is Responsible For My Pothole Accident? New York Law Developments

For many years, pothole 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 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, Municipality, or Government For Pothole Accidents?

In certain situations, the City of New York, municipalities and governmental organizations can still be held responsible for pothole 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 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 fall lawsuit.

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

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

What Should You Do Next To Get Compensation? Call Us.

Over many years of legal practice, Banville Law has held numerous property owners liable for the hazardous potholes on sidewalks for which they are responsible.

In several cases, our 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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