Nelly Brum filed an action against Dogwood Realty for personal injuriesshe sustained as the result of a trip and fall accident on the sidewalk in front of the company’s premises in New York.
Ms. Brum said she fell due to defective, uneven and cracked condition of the sidewalk. Her daughter, Marcela, who was walking with her mother during the accident, testified in court that the edge and surface of one of the sidewalk flags was raised up above the edge and surface of an adjacent sidewalk flag for a height of approximately 2 inches at the area where her mother tripped and fell, creating a dangerous tripping hazard. Marcela added that she, long before her mother’s accident, has observed the same raised, uneven and defective sidewalk sticking up several inches out of the ground, just as it was on the day of the accident and the injuries.
Howard Jang, Dogwood Realty’s owner, denied liability. But, a source said that, in this case, it is clear that Mr. Jang knew of the dangerous condition of the sidewalk but failed to make repairs of the condition. Taraq Mohammed, owner of New Mian Grocery & Halal Meat, Inc., the first floor tenant of the building, testified in court that he has made several complaints to Mr. Jang because he has tripped several times in the sidewalk. But Mr. Jang failed to take action.
The insider also pointed out that Mr. Mohammed has asserted that Mr. Jang purchased cement and made the repairs to the sidewalk himself. This testimony was bolstered by Ms. Brum when she said she fell as a result of the uneven condition of the sidewalk, which she described the appearance of as a ramp and it “looked like it had been repaired and some section of it had been broken off and was not fixed to the sidewalk.”
Throughout the case, Mr. Jang asserted that the City of New York was liable for the repair and maintenance of the sidewalk. The observer explained that New York laws place the burden of sidewalk repair and maintenance on property owners. Property owners are also liable for injuries arising out of their failure to carry out this obligation. As an exception, however, property owners may not be held liable for trivial defects, not constituting a trap or nuisance, in the sidewalk.
But, the observer noted, records in the case did not show that the defect, which caused Ms. Brum to trip and fall, is trivial. There was also no showing that her negligence caused the accident. Mr. Jang thus has a duty under New York laws to maintain the sidewalk. His failure to make repairs to the subject sidewalk makes him liable to Ms. Brum for her injuries.
Suffering injuries as a result of the negligence of someone else is tragic. There are New York Personal Injury Attorneys who will stand by you and help see you through your case. These Attorneys will argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates, with its NY Personal Injury Lawyers, has convenient offices throughout the New York Metropolitan area including Corona, NY. These Attorneys will provide you with advice to guide you through situations involving personal injuries due to negligence. Without these Attorneys, you may lose your rights which may cost you a significant amount of money.
Please know that in addition to Injury Law, Stephen Bilkis and Associates will recommend New York Trip and Fall Lawyers who will help you.