Trip and fall accidents can occur anywhere in New York. Often they are seen in public areas such as parks, hiking trails, promenades and other walkways. The Ocean Parkway Malls in Brooklyn are no exception.
People on the Ocean Parkway Malls need to be careful when walking on the Malls. Many people know these as the bike paths, “islands” or grassy areas to walk along the Ocean Parkway.
A variety of accidents, including trip and fall as well as slip and fall accidents can occur because of poor maintenance or hazardous conditions. When a third party’s negligence causes your injuries, you may seek compensation. The City of New York owns and operates Ocean Parkway Malls.
If you’ve been injured as the result of the City’s negligence in maintaining them, you may be entitled to an award from the City for your injuries.
What are the Ocean Parkway Malls?
The Ocean Parkway Malls are a network of landscaped and tree-lined avenues that cut across Brooklyn. They link parks and open spaces and stretch for miles. The Malls include a series of median strips which are located along Ocean Parkway itself.
The Malls offer the public both a usable place to walk or ride bikes, as well as natural beauty. It has a wide variety of trees, flowers, statues, and more. It is a popular destination for thousands who walk, jog, ride and just enjoy its beauty. They were designed by Frederick Law Olmsted and Calvert Vaux, who also designed Central Park and Prospect Park in Brooklyn. After serving the Brooklyn community for years, the the City of New York designated the Ocean Parkway Malls as a “New York City Scenic Landmark”.
The Dangers of Trip and Fall, Slip and Fall Accidents the Ocean Parkway Malls?
Like any outdoor public space, there are potential hazards that can cause trip and fall injuries and slip and fall injuries in the Ocean Parkway Malls. Some common hazards include:
- Uneven pavement or broken sidewalks can cause a person to trip and fall.
- Wet or slippery surfaces: Wet leaves or debris can create a slippery surface; during the winter months, snow and ice can also create hazards.
- Poor lighting: Insufficient lighting at night can make seeing potential trips and fall hazards difficult.
- Obstacles in walkways: Benches, statues, and other decorative features can be beautiful, but if placed in the middle of a walkway, they can create an obstruction that may cause a person to trip and fall.
Even if many parts of the Ocean Parkway Malls are well-maintained, the City of New York must keep it all reasonably safe for visitors. Suppose you experience a trip and fall or slip and fall injury in the Ocean Parkway Malls. In that case, seeking medical attention and reporting the incident to the appropriate authorities is important.
What are Some Causes of Trip and Fall Accidents on the Ocean Parkway Malls?
Trip and fall accidents are common on Ocean Parkway Malls. Many of these incidents are due to wet or slippery surfaces as well as debris. Poorly maintained equipment or faulty infrastructure can lead to dangerous conditions and slip-and-fall injuries as well as trip-and-fall injuries.
There are many factors contributing to trip and fall accidents on the Ocean Parkway Malls in Brooklyn, including:
- Uneven pavement or broken sidewalks: Pavement that is cracked, raised, or otherwise uneven can be a trip hazard.
- Obstructed walkways: Benches, planters, or other objects placed in or too close to walkways can force people to walk around them, increasing the risk of tripping.
- Debris on the ground: Leaves, branches, litter, or other objects on the ground can cause people to trip.
- Poor lighting: poor lighting at night can make it difficult to see and avoid potential trip hazards.
- Slippery surfaces: Wet leaves or debris can create a slippery surface, as can rain, snow, or ice.
- Items not visible under leaves, debris: items hidden under the debris that cannot be seen may also be a hazard.
- Inadequate maintenance: If the Ocean Parkway Malls are not adequately maintained, this increases the risk of accidents.
- Steps and curbs: Steps and curbs can be challenging to navigate, especially for seniors and people with mobility issues. They can be a trip hazard if they are not clearly marked, or are not properly maintained.
- Elevation changes: elevation changes, such as between curbs and grassy areas, can pose a tripping hazard.
- Crowds: the Ocean Parkway Malls can be crowded, increasing the risk of collisions or tripping over other people. If the City fails to manage crowds, it can be liable.
The City of New York bears the responsibility for keeping visitors safe. It must adhere closely to laws regarding property care and safety regulations. It also has a duty to perform regular maintenance checks. If it fails to do so, it can be held liable for injuries.
Seeking Medical Treatment After a Trip and Fall Accident
In the event of a trip and fall accident, it is strongly recommended that individuals seek immediate medical attention. Even if you do not have visible injuries, underlying issues such as internal bleeding or muscular damage can often go undetected. Play it safe by getting checked out at an emergency room. This could be critical for preserving your health and avoiding more serious complications.
If possible, victims involved in this type of scenario should also take steps to document their experience. Photos or videos from the scene can help prove fault in court when seeking reparations for damages. Additionally, those who wish to pursue legal action may want to consider speaking with an attorney. Work with a lawyer knowledgeable in these cases against the City of New York. They understand how to properly file a claim against the City and pursue the action.
The failure to act quickly after sustaining an injury on someone else’s property can render potential compensation null and void due to statutes of limitation. Additionally, New York requires the filing of a “notice of claim” within 90 days and a filing of the lawsuit within one year and 90 days after the accident.
What Injuries Do People Suffer in Trip and Fall Accidents?
Trip and fall accidents can result in injuries ranging from minor cuts and bruises to more severe issues like broken bones or head trauma. Depending on the circumstances surrounding an individual’s situation, these incidents may lead to long-term physical impairments and emotional anguish, such as post-traumatic stress disorder (PTSD).
Some of the injuries our Brooklyn personal injury attorneys see include the following:
- Cuts and bruises: These are some of the most common injuries people suffer in trip and fall accidents, ranging from minor scrapes to deep lacerations.
- Sprains and strains: Twisting or wrenching the ankle or knee can result in sprains or strains, which can cause pain, swelling, and limited mobility.
- Fractures: Falls can cause fractures in any part of the body, but the most common is in the wrist, arm, ankle, and hip. Fractures can be severe injuries that require medical attention and can result in long-term complications.
- Head injuries: Falls that result in hitting the head can cause concussions, traumatic brain injuries, or other serious head injuries.
- Back and spinal cord injuries: Falls can cause damage to the spinal cord, resulting in partial or total paralysis. Back injuries can also cause long-term pain and limited mobility.
- Internal injuries: Falls can cause internal injuries, such as organ damage or internal bleeding.
- Dental and facial injuries: Falls can cause damage to the mouth, teeth, and face, such as broken teeth or a broken nose.
- Emotional trauma: In addition to physical injuries, a trip, and fall accident can also cause emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Dislocations: A fall can result in the dislocation of joints, such as the shoulder, elbow, or hip.
- Nerve damage: A fall can result in nerve damage, which can cause pain, numbness, tingling, or weakness in the affected area.
- Contusions and hematomas: Falls can result in bruises or contusions and injuries to the underlying tissues that can cause pain and swelling. Sometimes, a fall can also result in a hematoma, a buildup of blood outside the blood vessels.
- Whiplash: A fall can cause whiplash, which is an injury to the neck resulting from a sudden, forceful head movement.
- Spinal cord injuries: In addition to back injuries, a fall can also result in spinal cord injuries, which can cause partial or total paralysis.
- Death: In some cases, a trip and fall accident can result in death, particularly in cases where the person falls and hits their head on a hard surface.
When determining fault in any case involving personal injury law, courts typically consider multiple factors, including negligence on behalf of victims. When assessing liability for slip-and-fall scenarios resulting from unsafe environmental conditions outside one’s control, the burden usually lies with the City, which should have taken steps toward mitigating risk before someone gets hurt.
Who is Responsible for Accidents on the Ocean Parkway Malls?
When assessing responsibility in these cases, courts will consider multiple factors, including negligence on behalf of victims. Often the slip-and-fall results from unsafe environmental conditions outside the victim’s control. In these cases, the City may have difficulty showing that it was not liable for the conditions causing the injury.
Determining who is responsible for accidents on the Ocean Parkway Malls in Brooklyn can be complex. It depends on various factors. The City of New York maintains and ensures public spaces’ safety, including the Ocean Parkway Malls. The City can be held liable for injuries due to negligence.
Suppose a hazard on the Ocean Parkway Malls, such as uneven pavement, broken sidewalks, or an obstruction in the walkway, causes a trip and fall accident. In that case, the City may be held responsible if it knew or should have known about the hazard and failed to take action to address it.
What about a trip and fall accident caused by another person, such as a reckless cyclist or a dog owner who fails to keep their pet on a leash? In that case, that individual may be held responsible for the injury. Issues are more complex where, for example, employees of the City knew and failed to address pets off the leash.
It’s important to note that each case is unique, and liability will depend on the specific circumstances of the accident. Suppose you have been injured in a trip and fall accident on the Ocean Parkway Malls or elsewhere. In that case, consulting with the experienced personal injury attorneys at the Law Office of Irene Gabo is a good idea. We can help you determine who may be responsible for your injuries and how to seek compensation.
Proving Liability in a Trip and Fall Case
When it comes to proving liability in a trip and fall case, the burden of proof lies with the plaintiff (the injured party). To successfully prove that they are entitled to compensation from the City, an individual must demonstrate how negligence or recklessness on behalf of the defendant caused their injury.
It is essential for individuals involved in trip and fall incidents at Ocean Parkway Malls to obtain evidence. It is required to prove fault. The plaintiff must demonstrate how circumstances beyond their control contributed directly or indirectly to their unfortunate experience. If successful in this endeavor, victims could receive much-needed financial support and other forms of compensation depending on prevailing laws governing personal injury matters within their jurisdiction.
The first step is clearly defining what type of accident occurred. Was there an obvious hazard present, like water or ice pooled? Debris, especially debris left by City workers and contractors?
Are there any witness statements that can corroborate claims made by individuals involved in these scenarios? How did these circumstances lead to physical harm being inflicted upon someone instead of just a minor inconvenience? Answering such questions is essential when assigning responsibility for slip-and-fall incidents at Ocean Parkway Malls.
Another element to consider is whether appropriate safety protocols were implemented before someone got hurt. For example, if there was inadequate lighting or uneven pavement? No warning signs that could have potentially prevented the accident?
Had routine maintenance checks been done before the injuries occurred? This may also help one’s claim, as failure to do so would imply carelessness on the part of responsible parties.
Regardless of the circumstance surrounding an incident involving personal injury at Ocean Parkway Malls, victims should always seek legal advice before proceeding with any potential litigation against alleged negligent parties. This will ensure that all available options have been explored thoroughly and maximize chances of achieving desired outcomes while protecting their rights throughout proceedings.
Statute of Limitations In a New York Trip and Fall Lawsuit
In New York, any civil case must be brought before the court within a specific period known as the statute of limitations. This timeframe is designed to ensure that legal proceedings are carried out efficiently and timely while protecting defendants from claims being made against them long after accidents have occurred. In trip and fall cases involving Ocean Parkway Malls specifically, individuals seeking compensation from the City of New York must bring their complaints within one year 90 days of the accident. A three-year statute of limitations will apply if the claim is against non-government parties.
Additionally, suppose the claim is against the City of New York. In that case, you must file a “Notice of Claim” within 90 days of the accident or be barred from bringing a claim.
Anyone seeking legal action following an accident at Ocean Parkway Malls should consult with experienced attorneys. It would be best to have an attorney experienced in personal injury law and claims against the City of New York so that you can receive appropriate advice.
Notice of Claim Requirement in a Lawsuit Against the City of New York
When bringing a trip and fall lawsuit against the City of New York, plaintiffs must adhere to specific protocols to ensure the courts can adequately consider their claim. This includes filing a Notice of Claim within 90 days of injury, which provides defendants with official notice that proceedings are being initiated against them. It also serves as evidence for court hearings later on should disputes arise regarding liability or damages sought.
Claimants must provide information about the incident’s time, place, and manner and detailed descriptions of any physical harm suffered. Witnesses who observed the accident should also have their contact details added so they can be called upon during trial if necessary. Failure to submit these items could result in the case being dismissed prematurely. Thus, the individual would lose their right to claim damages and recover for medical bills, lost wages, etc.
Kinds of Damages You Can Claim
When filing a lawsuit against the City of New York for a trip and fall accident on Ocean Parkway Malls, it is important to understand what damages can be claimed. In general, damages are financial awards made by courts as compensation for harm suffered due to negligence present at the location. These might come in the form of medical expenses related to physical injuries. It can include lost wages if the person was hospitalized and could not return to work, causing lost wages.
Other forms of compensation available include pain and suffering, which covers any mental anguish endured during the ordeal or permanent impairment resulting from the incident. Punitive damages may also be sought should evidence suggest the defendant knowingly disregarded safety regulations and the risks, causing injury to the victim.
Plaintiffs have many opportunities to seek restitution through legal action, provided they adequately prepare their case beforehand. This includes assistance from experienced attorneys who can ensure all bases are covered before going before the judge. With the right legal representation, claimants stand a better chance of obtaining relief under the law.
Take Action and Call Our Brooklyn Personal Injury Lawyers Immediately
If you have been injured in a trip and fall accident on Ocean Parkway Malls, it is essential to take action immediately. The most effective way of doing this is by speaking with our attorneys, who can help guide you through the process of filing a lawsuit against the City of New York.
Our attorneys will be able to review the evidence related to your case. We can determine if negligence was present at the time of your injury and advise you accordingly as to how best to pursue damages for harm suffered. Irene Gabo has tremendous experience with claims against the City of New York. She understands how to negotiate on her client’s behalf to help secure the best outcome for her clients.
Call today for a free consultation. Do not delay – claims against the City of New York must be filed within 90 days. You must protect your legal rights as soon as possible. Call us today at (800) 560-0214 or complete the form on this page for a free consultation and review of your case.