Sidewalk Trip Hazards in NYC: Are You Liable as a Property Owner?
The roadsides in New York City are the streets of life. Each day millions of feet pass over concrete slabs on the fringes of private property. One jagged fissure, however, that is out of step, or a subsidence, can make that common road a very expensive liability. The owners of the property in NYC have been turned into the active participants of the event of maintaining the sidewalks under the legislation of NYC; they are put to the forefront of concerns regarding the safety of these walking surfaces. Whenever someone walking on the sidewalk trips on one of the uncovered parts and is hurt, the aspect of liability is urgent and severe.
NYC Sidewalk Liability and the Administrative Code § 7-210
The City used to do the majority of repairs of pavements on the sidewalk, until 2003, when Administrative Code § 7-210 was enacted. This legislation made adjacent property owners in most instances accountable to ensure safe sidewalks, instead of the City doing it. This has an implication on brownstone, commercial building, or mixed-use owners, in that cracks, vertical displacements, and loose flags cannot be left at their convenience anymore to be fixed by the city workers. And it has become your problem with a dangerous sidewalk. Should a person fall and incur a medical bill, loss of earnings and damages you can be held responsible unless upon proving that you acted reasonably or did not see the warning sign. Even the so-called open and obvious hazards do not ensure that you will be not liable; again and again, the New York courts hold that the responsibility of a property owner to keep the sidewalk safe cannot be absolved merely because one can see that it is defective.
Recent Court Cases and Legal Examples
Current incidences depict the outcome of this. In Valleda v. Jamaica East Condominium, a walker in Queens fell on a slab of concrete that was not even outside a condominium. The board claimed that the fault was apparent and it belonged to another party, however, the court declared that it was the duty of the condo to ensure the maintenance of the sidewalk, which was not delegable, and awarded damages against it.
In Vucetovic v. The Court of Appeals ruled that the tree well per se did not qualify as a sidewalk under § 7-210 and the owner was free of such liability on that specific situation, but even that did not cause any doubt that the actual walking surface of the sidewalk was the duty of the owner.
DOT Violations and Financial Consequences
In the case of property owners in NYC, the risk does not lie in lawsuits. The DOT is also very keen on inspecting the sidewalks and may impose violations in case of broken flags, unsuitable slopes, or sticking hardware. When the repairs are not done within the necessary time limit, the City can do it and charge the owner, and, in some cases, put liens to the property. There is no connection between these violations and a personal injury suit, and one defect can multiply the financial vulnerability.
Why DIY Fixes Are Not Enough
Due to such a high stakes setting, fast-do-it-yourself patch jobs hardly ever cut it. A crack can be covered up with the use of hardware-store fillers and weekend concrete patches, but the actual settlement or drainage problem is rarely addressed. They also tend to fail the DOT inspection. In a place like a city with freeze-thaw cycles, the growth of tree roots and the large number of people walking around the roads are recurring conditions of stress, which in turn can be corrected in the short run, but can cause greater issues in the future. It is wiser to engage the help of a contractor who is well versed with the physical work and the regulatory environment.
How Speedway Concrete Construction Helps
That is where Speedway Concrete Construction enters the frame; focusing on the repair of sidewalks, concrete lifting and the replacement of the latter with the coded solutions as required by the DOT, Speedway Concrete Construction offers the owners of the property to be provided with the long-lasting and regulation-compliant solutions. They do not conceal an issue, but rather look into the cause of the issue; it can be soil voids, water intrusion or root intrusion and use the correct method of repair. They take care of permit applications, liaise with DOT inspectors, and do work up to ADA and NYC standards in order that the work not only eliminates the hazard but also clears the violations already in place.
A record of professional inspection and repair that complies with the standards is one of the most appropriate defenses of owners who may be subject to the uncertainty of a potential trip-and-fall claim.
Maintaining Safe and Attractive Sidewalks
Cleaning your pavement to the extent is not only a legal obligation, but also a bet on your property value and street attractiveness. The presence of a clean and even and no-hazard walkway also will give the tenants, customers and potential buyers an assurance that the building is properly maintained and safe. On the other hand, tolerating defects is an indication of irresponsibility and a welcome to claims. In a dense urban setting such as New York, where liability law punishes pedestrians, the costs associated with taking no action may easily exceed the cost of acting in time.
Take Preventive Action Before It’s Too Late
In case you possess property in NYC and observe slabs that are uneven, cracks or other dangerous areas, the best action that can be taken is to prevent violation or injury before it happens. Outsource services of a skilled contractor like the Speedway Concrete Construction to determine the condition, rectify the defect accordingly besides recording the work. Through this you save your own investment, fulfill your legal requirements and contribute to making the streets of New York safe to all passerby’s.
