A passenger who took a taxi was dropped off in Brooklyn where he claimed that he tripped and fell on the elevated sidewalk which resulted in back, neck, and rib injuries as reported by the New York Law Journal in a January 22, 2013.

The injured passenger claimed that he was is unable to walk, sit, exercise, and ride his bike. Thus he sued the person who owned the sidewalk and New York City claiming that the City was reckless in taking care of the sidewalk and that they were the ones responsible for the hazardous condition that was created. Moreover, he claimed that the sidewalk was elevated due to a protruding tree root which caused a hole in the sidewalk, and his foot got caught in this hole.

The injured person claimed that New York City was aware of the issue as it is shown on a Big Apple map; however, New York City claimed that the map is not up to date and it does not correctly reflect the situation and notify the City of any defects. Moreover, New York City claimed that the passenger did not trip on the sidewalk due to the defective sidewalk, rather he fell when he came out of the cab, which is confirmed by the Emergency Medical Technician Report.  In addition, the City claimed that if he tripped  on the sidewalk his foot would have got caught in the hole, thus he would have injured his ankle and/or foot rather than his neck, back, and rib. Also, the City claimed that injuries were minor and the injured passenger stopped his medical treatment. Thus, the Court ruled in favor of New York City.

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.