Don’t Let Your Rights Slip Away on NYC Streets

by BradBernstein on February 9, 2010

snow-manhattan-002[1]By Jeffrey Koenig
Personal Injury Attorney, The Law Offices of Spar & Bernstein

There are few sights more stunning than a snow-covered New York City, and according to all the weather reports, we’re on our way here to digging out of the glorious white stuff very soon.

But with dazzle can often come danger, and the pedestrian traffic of 11 million people in the Big Apple can make a gorgeous, frosty sidewalk into an utter trap for an unsuspecting New Yorker.

It’s for that reason you should definitely know about New York City Administrative Code § 7-210 (Liability Of Real Property Owner For Failure To Maintain Sidewalk In A Reasonably Safe Condition): It requires certain owners of property abutting any sidewalk to maintain the sidewalk in a reasonably safe condition—which includes removal of snow and ice in a reasonable amount of time after the cessation of the snow/ice storm.

This requirement puts the burden of a safe sidewalk only on adjacent property owners that are NOT a one, two or three family residential property in whole or in part owner occupied and used exclusively for residential purposes.

In other words, all commercial property owners, including big apartment buildings, big coops, big condos, stores, or rental properties have to clear the sidewalk so you can walk safely.

If any property owner attempts to clear the sidewalk before the snow and/or ice storm is over, and by doing so makes the sidewalk more hazardous to traverse, that property owner may be held accountable for any damages sustained as a result of his or her conduct.

If you sustain an injury as a result of an improperly maintained sidewalk during or after a snow or ice storm, you may have a cause of action and should speak with an attorney immediately.

The law provides for strict time limitations in which you may bring a lawsuit against a municipality or a private property owner.

You may have slipped, but don’t let your time to act slip away with it.

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