Personal injury lawyers can help decipher NYC’s laws surrounding public property and file the claim correctly against the appropriate person, department, or third party.
When you slip or trip at home over the gym kit you left by the front door, you’re to blame for not putting things away properly after a workout session. But what happens when you become injured outside the home? You may not be so sure who to point the finger at.
Sometimes you need expert help to determine who was at fault. This is why many people who are injured while out and about in the city call on a New York personal injury lawyer to find out who is responsible so they can begin filing a claim.
What is Classified as Public Property in NYC?
First of all, what counts as public property? It’s not always so clear-cut to determine where property ownership lines lie. If you’ve been involved in an accident in the city and aren’t sure whether it was on public property or not, a personal injury lawyer can help clarify the situation for you.
As a rule, there are certain areas that are easily identifiable as public property. In the city, sidewalks, streets, public transport terminals, public parks, playgrounds, and government buildings, such as libraries and schools, are all considered public property. The New York City Housing Authority (NYCHA) is also included in this list.
However, don’t be fooled into thinking that just because the public can enter an area means that it is public property. Shopping malls, grocery stores, restaurants, and cafes, although open to the public, are privately owned spaces. What’s more, some sidewalks are not classified as public property, especially in gated communities. So, it’s easy to slip up on who owns what.
The Most Common Injuries on Public Property
Poorly maintained streets and sidewalks are the main cause of trips and falls in urban areas. Uneven slabs and potholes, worsened by the elements and wear and tear, can catch out pedestrians. Trips are extremely common, and while many people get away with a stubbed toe and moment of embarrassment, others fare worse with broken bones or deep cuts.
Slips are another commonly reported injury. When public walkways are not kept clean, slippery substances such as foodstuffs and gas dripping from vehicles can pose a hazard to pedestrians. Also, adverse weather conditions, such as snow and ice, are a major cause of slips in public places.
Then, there are injuries sustained from falling objects. Crumbling building structures and construction debris can lead to serious head injuries and worse worst-case scenario, death. But who is to blame for everyday, unintentional injuries like trips, slips, and falling objects? Let’s find out.
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Who Could Be Responsible for Injuries on Public Property?
If you’ve had the misfortune of suffering an injury while out and about in NYC, you might be due compensation. Though who, if anyone, is to blame for the incident.
The Government
So, you suspect that the injury occurred on government-owned property. However, you will still need to determine whether the area belongs to the city or the state.
In general, the city of New York is responsible for the upkeep of streets, sidewalks, local playgrounds, and public buildings such as schools and libraries. The state is responsible for the buildings under its ownership, like courthouses and offices, as well as bridges and highways.
Nearby Property Owners
If you trip up while strolling along an NYC sidewalk, it’s not always the government to blame. For example, if a nearby property owner has allowed a tree on their property to grow out of control, with its roots erupting from the sidewalk, they could be liable.
In fact, under NYC law, the property owner is required to maintain the condition of the sidewalk next to their property. This includes fixing uneven concrete slabs and clearing snow. In this case, it is advisable to seek expert guidance if you are unsure who is responsible for an area of the sidewalk.
Public Authorities
Injured while in the subway? The MTA (Metropolitan Transport Authority) is responsible for injuries sustained on subway platforms, stairwells, bus terminals, and depots. Poor or broken lighting, malfunctioning escalators, and wet or cracked steps are common causes of accidents occurring in public transport hubs.
Other public authorities that could be to blame in the case of an injury include the parks department. Their role is to maintain walkways, walls, playgrounds, and sports facilities on the park grounds.
Third Party Contractors
Outside of governmental and private residents’ responsibilities, there is another option. Third-party contractors hired to carry out work in or around a public space may be to blame for causing injuries.
Although most contractors are guided by the strictest of risk assessments and guidelines, accidents do happen. For example, falling debris can injure passersby. Also, insufficient signage may fail to alert pedestrians to potential risks or diversions, leading them to walk into danger.
When seeking compensation, finding out who is responsible for an injury is key. Especially when it is not always clear. Personal injury lawyers can help decipher NYC’s laws surrounding public property and file the claim correctly against the appropriate person, department, or third party.
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