A woman while walking on a sidewalk tripped and fell due to the defective sidewalk. As a result, she sustained personal injuries, and she brought a suit against New York City to recover monetary relief for her injuries. New York City in response to the suit, made a motion to have the case dismissed because based on the injured party’s testimony, which includes photographic and documentary evidence. The City is not the one who is responsible for the defective sidewalk, rather it is the owner of the building near the defective sidewalk that is responsible for the sidewalk defect, as reported by the New York Law Journal in a May 22, 2013 news article. As a result, it is the building owner who is responsible for the injuries the injured woman sustained.

If there were defect in the street or on curb, then New York City would have been responsible as the City is the one who maintains and upkeeps the streets and curbs. Also, the problem with the sidewalk was not reported to NYC prior to this incident.  In addition, New York City did not create the sidewalk defect. Thus, the City’s motion to dismiss the case was approved by the court.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.