The sidewalks throughout the Bronx experience heavy use. Locals and tourists alike often get around town on foot instead of fighting traffic.
Unfortunately, damage to sidewalks caused by tree root incursions, frost heave or aging cement can lead to hazards that put pedestrians at risk. Joggers and runners may move too quickly to avoid broken or uneven sections of sidewalk. People who use Mobility devices, such as walkers, canes and wheelchairs can also be at risk when they encounter damaged and uneven sidewalks.
People hurt because of a fall caused by old or poorly-maintained sidewalks may have medical expenses and lost wages to consider. Who is liable for their losses?
Property owners should maintain their sidewalks
Technically, every property owner, including individual homeowners, landlords and businesses, is responsible for the sidewalks adjacent to their properties. There are some municipal programs that address particularly old and critically-damaged sections of sidewalk.
However, property owners often have to make arrangements to have private companies repair and replace damaged sections of sidewalk. The failure to do so opens them up to liability should pedestrians end up hurt because of their delayed maintenance of adjacent sidewalks.
Frequently, the premises liability coverage included in a homeowners or business insurance policy can reimburse injured pedestrians for injury-related expenses caused by dangerous property conditions. Occasionally, litigation may be necessary to recoup medical expenses, property damage losses and lost income after a sidewalk incident causes serious injury.
Working with a premises liability lawyer can take the stress out of insurance negotiations and facilitate a smoother litigation process if a lawsuit is necessary. Injured pedestrians should not have to absorb expenses caused by a property owner’s failure to maintain their premises.