Snow Removal In Middletown, NY
Here is what you need to know about filing a successful New York Sidewalk accident.
Were you involved in a New York sidewalk accident? Learn if you can file a lawsuit.
Slips and falls on sidewalks are not just painful, they are potentially lethal. Senior citizens in particular face a high risk of hip fracture or some other serious injury as a result of falls.
If you don’t carry out regular snow removal, sidewalks can become uneven, cracked, broken or ice-covered. If you are located in Middletown NY, your should contact National Landscaping to take care of your sidewalk snow and ice control.
If not repaired in time, then the cracks can turn into potholes.
Potholes are at their peak towards the end of the winter season and towards the start of spring. They jeopardize the safety of pedestrians besides being a great nuisance.
How Potholes Build Up
Here is how these defects develop.
Water, snow and ice seep into the sidewalks through cracks during the winter. As the temperature of trapped water goes down, it expands.
The concrete begins to bulge due to the force of the water underneath.
The thawing water also creates a hole in the soil beneath the concrete due to this very season.
Pedestrian traffic then creates cracks that eventually grow into potholes.
Slip and Fall Claim
Falling on damaged sidewalks is not enough to guarantee you compensation.
The law in Middletown jurisdiction requires the aggrieved party to prove that the person who they are claiming to be responsible either knew about the damaged sidewalk or should have been aware of the same.
The prosecutor should also prove that the dangerous condition of the sidewalk was a ‘substantial factor’ in their injury.
But there are other complications too.
The defendant can put blame on the injured persons for not taking due care. They can avoid liability by proving that the behavior of the injured party played a role in the injury.
In most towns and cities, the owner of the property that abuts the sidewalk is responsible for the condition of the sidewalk. In Middletown NY, the owner of such property has a duty to keep the sidewalk in a safe condition.
However, there is one exception to this law. The City of Middletown bears responsibility for sidewalks that abut one, two or three family residential properties where the owner resides.
If the City of Middletown NY is responsible for the sidewalk, then there is another requirement that must be proven for a successful lawsuit.
The injured person has to prove that the City of Middletown NY had been informed through a written notice about the dangerous condition of the sidewalk prior to the accident.
There are other things that the injured person must prove. The injured party should prove that the person responsible knew about the dangerous condition or should have known about it.
The injured person should also show that snow and ice were not cleared from the sidewalk in a reasonable time period.
Instead of getting embroiled in a Middletown NY sidewalk accident, it is far better to take care of your sidewalk so that no one can sue you.
These harrowing lawsuits are damaging to your reputation besides being time consuming and stressful.
Contact National Landscaping today for professional snow removal services in Middletown NY.