Who Is Responsible When Someone Falls On A Public Sidewalk?

by Friedman & Ranzenhofer, PC on January 25, 2012

in Buffalo Injury Questions and Answers

While many people think of the sidewalks running through residential neighborhoods as “public sidewalks,” experienced Buffalo personal injury attorneys know that these sidewalks often are not the responsibility of any public entity.  This can be especially important when determining who is responsible for an injury suffered as a result of falling on a poorly maintained sidewalk.

In many municipalities, the sidewalks running through residential neighborhoods are the responsibility of the landowner, not the local government.  The duty to maintain the sidewalk is delegated to the owner of the property through which that section of sidewalk runs, and – if an injury occurs as a result of poor maintenance – it is the landowner, not the municipality, that is sued.  While this may seem unfair, in New York State a municipality may delegate responsibility for the sidewalk by passing a local law doing so.
If you have been injured as a result of falling on a sidewalk, your personal injury attorney will need to look into the local ordinance regarding sidewalks and examine exactly how the law is worded to determine who to proceed against.

If you have fallen on a poorly maintained sidewalk, we would be happy to help you.  Please call us at 716-542-5444 with any questions.

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