Sidewalks are so much less safe today than they were a decade ago. Between the distractions that we self-create (such as always staring at our phones) and new hazards, such as electric scooters, per-minute bikes, and other new sidewalk hazards, we all need to be more careful than we generally are while walking on the sidewalk.
In 2009, college student Rashawna Bell was being as safe as she possibly could walking on a sidewalk in Jamaica, Queens when she was hit by a car on the sidewalk. The car dragged her through a fence and pinned her against a wall. She was very badly injured and has been incapacitated since the accident, requiring a lifetime of care.
The family sued the driver, the owner of the car, and the companies that employed the car’s owner (that part was eventually dismissed as the car’s owner was an independent contractor). The driver had convinced the car’s owner to stop at a liquor store on the way to a job. The car’s owner left the vehicle unattended so the driver, who was under the influence of alcohol and drugs, stole the car and even continued to step on the gas pedal after the vehicle had stopped and pinned Belt, despite her screams.
It resulted in a $37.4 million verdict for the plaintiff when the judge found the car owner and the driver were equally liable for the accident. $10 million of the verdict was for punitive damages.
For New Jersey lawyer Justin Drazin, what happened to Rashawna Belt should be a reminder for all of us that sidewalks aren’t always the safe haven we expect them to be.
“Sidewalks are constructed as a means of safe passage for pedestrians in commercial and residential neighborhoods,” he said. “In New Jersey, typically a residential owner is not responsible for defects in a sidewalk abutting his/her property, with the rare exception when that person (or someone they hire) creates a defective condition as a result of negligence. Contrastingly, in New Jersey, a commercial property owner typically is responsible for defects or dangerous conditions in a sidewalk abutting their property, and therefore owe a duty to any person who is lawfully utilizing that sidewalk, to maintain the passageway in a manner that mitigates the risk of harm to pedestrians.”
Most sidewalk accidents aren’t as dramatic as a drunk driver driving onto the sidewalk and injuring or killing someone. Most sidewalk accidents are far more common and are caused by the sidewalk owner not doing proper maintenance.
To rise to the level of legal liability, a person injured in a slip and fall on a sidewalk needs to prove that the sidewalk owner was negligent. You need to prove that the sidewalk was in a dangerous condition and that the owner knew or should’ve known about its condition. In states such as New York and New Jersey that experience a real winter, one of the most common causes of sidewalk slip and fall accidents is when snow and ice are not cleared. In those situations, the sidewalk owner knows that it’s their responsibility to clear the snow and ice from the sidewalks so that people like you aren’t injured. Where they fail to do it, they are being negligent and may be liable for your injuries.
With at least two more months of real winter ahead for many of us, we need to remember that if we are hurt in a sidewalk accident, the best thing you can do is gather as much information as possible as quickly as you possibly can. You should immediately record your present sense impressions and the accident scene in the best way possible. This means taking pictures and video with your phone of the area in which the accident occurred, and any hazards that could have caused the accident.
Sidewalk accidents are often caused by conditions that will deteriorate over time, which is why you should be spending less time on your phone and more time looking around as you walk your city’s sidewalks. Hazardous issues on sidewalks can range from what happened to Rashawna Belt, to things that are far less immediate and get worse over time. When sidewalks are poorly maintained, little cracks can become big ones as the weather changes.
In winter, snow can often cover up a sidewalk hazard, so unless you’re very careful, you could step into a pothole or a fairly deep sidewalk crack. Finally, weather conditions can make a relatively safe sidewalk hazardous in a matter of minutes. Whether it’s snow or even black ice that is difficult to see as it covers part of the sidewalk, improperly maintained sidewalks can present hazards that can hurt us if we aren’t careful.
Because each city is different, you should consult your city’s regulations to learn about sidewalk rules and responsibilities. In New York, the city’s administrative code has a section, § 7-210, that governs sidewalk rules. Aside from situations in which the city itself is responsible for maintaining the sidewalk, the responsibility for keeping a sidewalk safe is that of the owner of the property that has a common boundary with the sidewalk.
Each city also has specific rules as to what other things you need to do to be able to file a lawsuit if you’re hurt in a sidewalk accident that may be the fault of the city instead of an individual property owner. In New York, § 7-201 of the city’s administrative code governs potential actions against the city. This section of the code specifies that the injured person needs to prove that the city had received prior written notice of the defective sidewalk condition for you to be able to sue. So if your city has a similar rule, be a good samaritan and file a report with your city. You may be helping yourself and will definitely be helping others.
While most people hear only about the most catastrophic sidewalk accidents such as the life-changing tragedy of Rashawna Bell, sidewalk accidents happen every day. Whether through distraction, ice and snow, or broken or cracked sidewalks, always being aware, alert, and diligent is the best way to avoid being hurt on a sidewalk.
