Who is Responsible for Damaged Sidewalks, Part 2

Lever & Ecker, PLLC August 18, 2015 Slip Trip & Fall

A few weeks ago we posted a blog explaining who is responsible for the upkeep of damaged sidewalks in Westchester county and detailed the laws surrounding sidewalk upkeep for about half of the towns and villages in the county.  This post covers the second half of Westchester County towns and who is responsible for sidewalk maintenance, if your town didn’t make it to the first blog post, it is probably in this one!

Premises Liability and Damaged Sidewalk Responsibility

The legal concept behind many personal injury cases is the concept of premises liability.  Premises liability is often referenced when the injury was caused by an unsafe or defective condition on someone else’s property.

Slip and fall cases are the most common type of premises liability cases because they occur when the plaintiff has slipped, tripped, and consequently injured themselves on someone else’s property.  These cases are usually based on negligence and in order to win a premises liability case, the plaintiff and their legal team must prove that the owner of the property was negligent in the maintenance of the property, meaning that they failed to use reasonable care to upkeep the property to a reasonable safety standard.

Who is Responsible for Westchester County Sidewalks?

The laws governing who is responsible for the maintenance of sidewalks vary from town to town in Westchester county.  What is the law in your town may be different in the neighboring town or the town where you tripped on a broken sidewalk and injured yourself.  This is also important to know because maintaining a safe sidewalk will prevent others from tripping and falling on your property.

For Part One of our list, click here.

Mount Pleasant
Code 188-9 – The town is responsible for the damaged sidewalk, prior written notice is required.

North Castle
Code 175-2 – The town is responsible for the damaged sidewalk, prior written notice is required.

Pleasantville
Code 155-13 – Abutting landowner is responsible for repair of the sidewalk

Briarcliffe Manor
The village is responsible for the damaged sidewalk, prior written notice is required.

Ossining
Ossining Town – Code 172-1 – The town is responsible for the damaged sidewalk, prior written notice is required.
Ossining Village – Code 229-76 – The village is responsible for the damaged sidewalk, prior written notice is required.

New Castle
Code 75-1 – The town is responsible for the damaged sidwalk, prior written notice is required.

Croton-on-Hudson
Code 197-24 – Abutting landowner is responsible for repair of the sidewalk

Mount Kisco
Code 93-47 – The town/village is responsible for the damaged sidewalk, prior written notice is required.

Cortlandt
Code 64-2 – The town is responsible for the damaged sidewalk, prior written notice is required.

Bedford
Code 104-19 – The town is responsible for the damaged sidewalk, prior written notice is required.

Pound Ridge
Code 20-1 The town is responsible for the damaged sidewalk, prior written notice is required.

Lewisboro
Code 191-20 – The town is responsible for thedamaged sidewalk, prior written notice is required.

Buchanan
Code 167-51 – Abutting landowner is responsible for repair of the sidewalk

Yorktown
Code 250-23 – The town is responsible for the damaged sidewalk, prior written notice is required.

Peekskill
Code 505-61 – Abutting landowner is responsible for repair of the sidewalk

Somers
Code 142-1 – Abutting landowner is responsible for repair of the sidewalk

North Salem
Code 195-29 – The town is responsible for the damaged sidewalk, prior written notice is required.

Steps to Take After a Trip and Fall Accident

There are several important steps that you should take in the event of a slip, trip, and fall accident.  We’ve listed them out here in a helpful guide for you:

1. Calm Down and Regain Your Composure

After a trip and fall accident you will probably be distressed and worked up, both are natural feelings to experience after an accident.  It is important to try to calm yourself down and regain your composure before you try to get up off the ground.  Take a few deep breaths to try to slow down your heart rate.  If you are calm it will be easier for you to communicate to others how they can best help you.

2. Document the Accident Scene

It is very important to document the accident scene in detail, as these details will be crucial in the future if you choose to file a personal injury lawsuit.  Take detailed notes of exactly what you tripped on and take pictures as well if possible.  If there were any witnesses present, get their contact information.

3. Seek Medical Attention Immediately

If you were injured in the accident please seek medical attention immediately by dialing 911.  If you were not seriously injured in the accident it is still important to see a doctor, even if you feel fine.  A doctor will be able to provide official documentation of your condition and will also be able to pick up on small injuries you may not have initially noticed.  They will be able to monitor your condition and keep track of your injuries in case they escalate into a greater problem down the road.

4. Contact Experienced Slip and Fall Legal Council

Seeking out an experienced slip and fall attorney, such as the attorneys at Lever & Ecker, will significantly help your chances of gaining a favorable outcome of a personal injury lawsuit.  An experienced attorney will be familiar with the legal process and the details surrounding premises liability cases and will use this knowledge to help you fight for justice.  Contact us for a free consultation and case evaluation.