Injured in a Brooklyn Sidewalk or Stairway Fall?
A fall on an uneven sidewalk or a poorly maintained staircase can leave you with serious injuries and mounting medical bills through no fault of your own. If you were hurt in a sidewalk or stairway fall in Brooklyn, or anywhere in New York City, you may be entitled to compensation. That’s when it’s time to call an experienced personal injury attorney at the Law Office of Jeffrey K. Kestenbaum.
Sidewalk Liability Under the New York City Administrative Code
The New York City code is unambiguous: under premises liability laws, sidewalks are required to be maintained in a reasonably safe condition by the property owner abutting the sidewalk. If the walkway is actually on the premises of a property owner, that owner is obviously responsible for the maintenance of that walkway.
Poor Maintenance of a Walkway
Any sidewalk that has not been installed, constructed, paved, or repaired, or that contains a dangerous condition like excessive amounts of dirt or other materials, constitutes a failure to maintain. Additionally, raised or sunken lots comprise an unsafe sidewalk. Specifically, City Code names the following sidewalk defects as violations:
- Missing sidewalk flags;
- Undermined sidewalk flags;
- Trip hazards related to vertical grade differentials;
- Improper slope that does not allow for proper drainage;
- Defects of hardware and/or structural integrity;
- Lack of compliance with DOT specifications;
- Improper patchwork.
The New York weather is ever-changing, and therefore, a lack of maintenance can also cause potholes, debris, accumulated snow and ice, and more. In many cases, there is someone responsible for your fall.
Are Handrails Required on Public Properties?
NYC stairs must meet the handrail and guard requirements of the building code that applied when the staircase was built. Under the current code, handrails must sit 34–38 inches above the stair nosing, with a graspable handrail generally required on both sides of egress stairs.
Any open side more than 30 inches above the floor below also needs a guard at least 42 inches high, with openings too small for a 4-inch sphere to pass through. Older buildings may fall under different measurements, so part of any stairway accident case is determining which standard applied and whether the property met it.
Questions That Can Affect Your Injury Claim
Several important factors can influence the value and outcome of your claim, including:
- What is the statute of limitations on my injury?
- How is my personal injury compensation determined, and how does that relate to what an insurance company will pay?
- Are there any “special” damages, including medical costs, lost income, personal property damage, or out-of-pocket expenses?
- Did my fall result in severe injuries like broken bones or a concussion?
- What general damages related to pain and suffering can I seek?
- Have there been emotional or psychological stresses due to the injury?
- Has my life been negatively impacted by the accident?
- Was my accident due to gross negligence on the part of the property owner?
These are the questions that the capable and efficient accident attorneys at the Law Office of Jeffrey K. Kestenbaum will discuss with you. Call (718) 237-5586 to schedule your free consultation in our Brooklyn office.
