Sunday, 7 May 2017

What Is Your Legal Responsibility For Maintaining Sideways?

By Mark Marabut


Since 2003, New York City has had a code in place that outlines a property owner's responsibility in maintaining the sidewalk that borders said property. Failure to perform these duties could result in several different consequences. A Brooklyn personal injury attorney can advise on what could happen if someone is injured due to negligence.

The law goes on to state that the owner of the adjacent property to any sidewalk is liable for any injury to a person or to property which is caused by the failure of such owner to maintain the sidewalk in a reasonably safe condition. This includes the failure to install, construct, reconstruct, repave, repair, or replace a defective sidewalk. It also includes the failure to timely remove snow, ice, dirt, or other material from the sidewalk, or to negligently do so.

There are exceptions to the law which may put the liability on the city instead. This is possible in cases where the building is exclusively residential, houses multiple families, and is at least partly occupied by the owner. It is a complex code. It can be difficult to understand. That is one reason a qualified lawyer should be consulted.

There are additional laws that coincide with this one. One such code gives the owner a four hour window to react after a storm. It states that the person responsible for that section of sidewalk has just 4 hours to remove any snow or ice from the pavement. This does not include the time from 9pm to 7am. It also says that they must spread either ashes, sand, salt, or saw dust, depending on the circumstances.

Any person injured by slipping and falling as a result of the owners negligent failure to act under the law or if the owner negligently and inadequately removed the snow leaving a hazard or creates a hazard by doing a bad or inadequate job, may be held liable to an injured person harmed by such failure to exercise ordinary care in discharge of their obligation under the law.

The laws are rather complex. When one is injured during a slip on a New York City sidewalk, they need to promptly seek legal counsel. Any delays may result in problems with witnesses or evidence. Some older cases might still be persuadable, but waiting is risky. Keep in mind: avoid delays. Seek representation quickly. Slips and falls can become legally complicated.

Frankel Law Firm can help with a free consultation in these situations. Contact them at (212) 888-5100 for offices located at 275 Madison Avenue. They operate throughout the state of New York.




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