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What Happens If I Have a Slip and Fall Accident on a Bronx Public Street?

May 18, 2022
pedestrian that tripped in the street

Under the law, property owners are generally liable for accidents involving people who visit their property if the accident was caused by a hazardous property condition that the owner should have reasonably known and resolved in a timely manner. This situation usually applies to slip and fall accidents due to poor maintenance.

This same premises liability rule also applies to public property, such as streets, sidewalks, parks, and buildings like the DMV and courthouses, among others. In this case, however, because the state owns and maintains the public property, if you slipped and fell on a public street in the Bronx and you’ve been injured due to a hazardous condition on the street, you may have a claim against the city to recover the losses incurred in the accident.

Who’s Liable for The Slip and Fall Accident?

A town, city, municipality, or state will only be liable for your slip and fall accident on a public street if they negligently maintained the street and their negligence directly resulted in your accident and injuries. But under the premises liability rule, this doesn’t necessarily mean that the government entity will be liable for your accident just because you got injured.

Additionally, other conditions may have existed that outright caused or contributed to your slip and fall. Likewise, if the government entity didn’t know about the hazardous condition on the street and can reasonably justify why they didn’t know about it, then you may have a hard time holding them liable for the accident.

It is also vital to note that the government agency is only responsible for making sure that the public streets they maintain are free from hazards. This means that if you slipped and fell on a private street, then you would have to bring your claim against the property owner of the private street.

How Can I Sue The Government?

Suing a Bronx government entity can be complicated but not impossible. However, one mistake and your claim can be dismissed in an instant. This is why working with a skilled Bronx premises liability lawyer is important.

To sue a government entity in New York, you must file your Notice of Claim within 90 days of your slip and fall accident. After filing your claim, the court will schedule a hearing where you will need to testify. The court will then decide whether you have grounds for a claim. You must also start your claim within a year and 90 days following your accident, regardless of which New York government entity you are suing.

Talk to a Skilled Bronx Premises Liability Lawyer Now

If you have suffered injuries in a slip and fall accident on a public street in NYC, reach out to the law office of Lipsig, Shapey, Manus & Moverman to find out more about your legal options. You can set up your free case review with our Bronx premises liability lawyer by calling our office at 212-285-3300 or sending us an online message.