Can I Sue The City If I Fall on the Sidewalk

You are wondering, “Can I Sue the City if I fall on the sidewalk?” Yes, you can sue the city if you fall on the sidewalk.  The City must have “actual notice” of the defect in the sidewalk, and a claim must be filed with 90 days of the occurrence. It is only worthwhile to sue the City for a fall on the sidewalk is you have sustained a very serious injury.  This is because litigation against the City is expensive, and the investment is not merited unless there are enough “damages” to collect.  If you sprain your ankle, and do not require medical treatment, it is to sue the City.  If your ankle is broken, casted, and you lose time from work, this would make the claim worthwhile.

Often when you fall on the sidewalk, the owner of the adjacent property is responsible.  If a property owner, with insurance, is responsible for the condition that caused you to fall, you can make a claim even if your injuries are not that serious.  It is always worthwhile to speak to an attorney that handled “premises liability” and “slip and fall” cases to find out if you have a claim that is worth pursuing.  The personal injury attorney can apply the law to the specific facts of your case to determine whether is it worth suing.  An experienced personal injury attorney will know exactly what questions to ask to evaluate your claim.  You lose nothing by making the call, and even if you cannot sue for your injuries, it is a worthwhile step to get closure.

These are some examples of defects on a sidewalk that a property owner may be responsible for:

  1. Hole
  2. Raised areas
  3. Uneven pavement
  4. Ice and Snow
  5. Debris

At Wittenstein & Wittenstein, we take pride in our service to the community, and we will patiently answer all your questions and address all your concerns.  Call us at 718-261-8114 for a free consultation.  You can stop wondering, “Can I Sue the City If I Fall on the Sidewalk,?” and find out now if you can make a case.

2019-01-22T17:17:10+00:00By |0 Comments

About the Author:

Senior Partner Ms. Wittenstein began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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