Trip and Fall Accidents in Brooklyn Heights
The Brooklyn Heights Promenade can be dangerous if proper safety precautions are not taken. Every year there are numerous reports of people tripping or falling while walking on the Promenade due to poorly maintained surfaces or hidden hazards.
These types of accidents can lead to severe injuries such as broken bones or head trauma that require medical attention and can cause a significant financial burden on victims.
Contact our law firm for assistance immediately, as there are strict time limits for filing a personal injury claim against the City of New York.
Liability on the City for Trip and Fall Accidents in Brooklyn Heights
To succeed in a trip and fall accident on the Promenade, you must first prove that the City’s negligence or the negligence of one of their contractors caused their injuries.
Negligence occurs when someone fails to use reasonable care or acts unreasonably under certain circumstances. Here, negligence can include failing to properly maintain surfaces or create safe conditions on public property (such as walkways or stairs leading up to them). Negligence also includes failing to warn the public of dangers that have not yet been repaired.
Plaintiffs must then show that this negligence directly caused their injuries. We must establish causation between the City’s actions (or lack thereof) and the injuries suffered due to said actions (or lack thereof).
Lastly, plaintiffs must also show that they suffered damages from their injuries. These may include medical expenses, lost wages from work, pain and suffering, and property damage. While most cases settle before trial, we are prepared to litigate for our clients’ rights.
The Plaintiff’s Duty to File a Notice of Claim with the City of New York
In addition to proving these elements mentioned above, plaintiffs must also file a notice of claim within 90 days after an incident occurs. This is a requirement with any injury claims they make against government entities like cities or townships like New York City.
This document is an official notification informing defendants (in this case, the City) that someone plans to file a lawsuit against them. This filing puts them on notice and allows them to gather evidence about said claims before they are officially filed in court proceedings later.
Failure to do so could result in the dismissal of any potential lawsuits brought against the defendant(s).
Statute of Limitations for Personal Injury Claims in New York State
Personal injury claims against government entities, such as the City of New York, must be filed within one year and ninety days from the incident date.
This is in addition to the Notice of Claim, which must be filed within 90 days of the incident.
If you miss these deadlines, your claim will not be accepted as time-barred, regardless of liability.
Trip and fall accidents are unfortunately quite common along popular tourist spots such as those found at Brooklyn Height’s Promenade. Each year, many are injured due to hazardous conditions and poor maintenance of this open-air environment.
As such, anyone suffering from such an unfortunate event should take the necessary steps to collect damages for injuries sustained.
Contact Our Lawyers if You’ve Been Injured on the Promenade
If you have suffered an injury while on the Brooklyn Promenade, you may have a claim against the City of New York for substantial damages. Time is of the essence to bring a claim.
Contact us today to discuss your case and see if we can help you bring a lawsuit to recover financial compensation for your injuries.
