Who is the At-Fault Party for Dangerous Sidewalk Conditions in New York State?

Sidewalk accident injuries can result in long-term physical and emotional consequences. So if you have been wrongfully hurt, you must attain financial compensation, and overall, justice via a premises liability claim. Read on to discover how a seasoned Buffalo sidewalk accident lawyer at Ramos & Ramos can fight on your behalf to hold the at-fault party accountable for their dangerous sidewalk conditions.

What are dangerous sidewalk conditions that lead to an accident?

Your slip and fall accident most likely occurred because of dangerous sidewalk conditions. The most common types of hazards include the following:

  • Slippery surfaces.
  • Snow and ice were left uncleared.
  • Debris was left uncleared.
  • Exposed tree roots, or tree roots that raise sidewalks and make them uneven.
  • Potholes or otherwise uneven surfaces.

Who is the at-fault party for dangerous sidewalk conditions?

It is often assumed that the government or municipality is responsible for your sidewalk accident injury. However, the residential or commercial property owner would be considered the at-fault party, as they hold the responsibility of ensuring that their property is clear of any safety hazards.

What should I do after being involved in a sidewalk accident?

You must take action if you were wrongfully injured in a sidewalk accident. You must take advantage of the fact that you are entitled to recovering economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering, that will help to get your life back on track.

When filing your premises liability claim, you must ensure that you have sufficient evidence to satisfy the burden of proof. In other words, you must collect enough evidence that proves that the residential or commercial property owner either knew or should have known about the unsafe sidewalk conditions and did nothing to fix it, which resulted in your injuries. With that being said, it is in your best interest to take the following approach immediately after your accident:

  1. Call 911: the law enforcement officer will call for an ambulance and file an official police report. You should collect this document afterward.
  2. Capture the scene: take photos and videos of your injuries, damages, and unsafe sidewalk conditions that contributed to your accident.
  3. Collect witness contact information: you should reach out to them later on to provide witness testimony in your case.
  4. Seek medical treatment: get treated at the scene and afterward, as some injuries take a few days to appear. You should collect this medical documentation and bills afterward.
  5. Contact our firm: reach out to a competent Buffalo slip & fall lawyer before the statute of limitations, which is three years from the date of your accident. Of note, if the sidewalk was owned by the government or a municipality, you will have to file your Notice of Claim within 90 days of your accident.

Contact Our Experienced New York Firm

If you require legal representation for matters of personal injury in New York, contact Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, we’re here to help.