Queens Uneven Sidewalk Lawsuit
Queens Court Denies Property Owner’s Motion for Summary Judgment Finding Issue Of Fact As To Whether Sidewalk Defect Was Trivial
According to the New York Law Journal a judge in Queens County recently denied a property owner’s motion for summary judgment in an uneven sidewalk lawsuit. In moving for summary judgment, the property owner only argued that the defect which allegedly caused the plaintiff’s injuries was “de minimus”, or trivial, in nature.
In 2003, Section 7-210(a) of the Administrative Code of the City of New York shifted sidewalk accident liability from the municipality to the abutting landowner. As such, the duty of the owner of real property abutting a sidewalk is to maintain that sidewalk in a “reasonably safe condition”.
However, no liability on the part of the landowner will be found where a sidewalk defect is found to be minor or trivial. In determining whether a defect is minor or dangerous, courts will consider all of the alleged defect’s physical attributes such as the width, depth, elevation, irregularity, and appearance of the defect. Not every “defect” found in the sidewalk is actionable.
In Perez v. 89-66 Realty Corp. and World of Love Beauty Salon, the Court examined photographs of the subject sidewalk defect and determined that the defendant property owner failed to meet is initial burden of demonstrating that the defect was trivial or minor. This uneven sidewalk lawsuit demonstrates the importance of having photographs of the defect for obvious reasons.
It is important to have a fast and complete investigation performed by the right experts and attorneys following a sidewalk injury accident to ensure that the critical evidence is collected to help prosecute the injured persons claims. At the Law Office of Louis Grandelli, we have decades of experience prosecuting dangerous uneven sidewalk lawsuits and working with the best investigators and experts. If you or a loved one has been injured in a trip and fall accident, please contact our New York premises liability attorneys today for a free consultation.