On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Premises Liability on Tuesday, March 19, 2013.
It is the responsibility of a city to make sure that its roads, pathways and other public areas are maintained regularly. When cities and counties fail to do this, safety hazards arise, putting residents at risk of injury. Simple accidents like trips, falls and running into a protruding object, can give someone more than a bruise and a couple of scrapes. Improper road maintenance, for example, could cause someone to trip and pull muscles, dislocate limbs and create painful health issues that extend over a long period of time.
One woman and her husband, a councilman in Harlem, have filed a city liability lawsuit in the wake of such an accident. Apparently, a car hit a stop sign near a market, snapping the post. Two weeks later, the councilman’s wife made a trip to the store. It was dark outside, being around 10:30 at night and she apparently did not see the protruding post. As a result, she tripped and subsequently suffered several injuries from the fall.
The councilman says that even he had to take time from his job to care for his wife and the lawsuit claims that she has been unable to work since the accident occurred. The couple is suing the city and the market for negligence, accusing them of not properly warning people of the dangerous situation. The amount they are asking for is at least $25,000 and could go much higher.
When someone is injured from a broken sign or uneven pavement, there is municipal liability involved as it is their job to address issues and fix them before an injury occurs. Therefore, it may be necessary for the victim to take legal action in order to obtain compensation for their expenses.
Source: DNAinfo, “Councilman Robert Jackson Sues City After Wife’s Fall at Fairway,” Jill Colvin, Feb. 28, 2013