Sidewalk accidents – Who is responsible for your injuries ?

If you have suffered an injury by falling on a sidewalk defect, you need to be aware of who is responsible for maintaining sidewalks and making proper repairs.

In NYC, owners of a 1 or 2 Family residence are NOT responsible to repair cracks or defects in front of their home (unless they have been given a Notice to repair a defect from the City).  Such owners ARE responsible to make repairs to any part of their driveways where members of the public traverse.

Owners of commercial prpoerty, 3 or more Family dwellings (e.g., apartment buildings, etc), schools, places of worship, 1 or 2 family residences that are NOT owner-occupied are all responsible to make repairs to sidewalks.

In order to hold the City accountable for injuries sustained in front of a 1 or 2 Family residence, you must prove that the City had prior written notice of the specific defect at least 30 days prior to your accident.  Without such proof you will not satisfy a condition precedent needed to sue the City of New York.

Additionally, you will need an attorney to research the prior written notice and also to do a “Notice of Claim.”

Contact the Law Office of Charles DeStefano at 718-390-0580 to discuss  these issues further.

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