Temporary sidewalk in front of 30 Metcalfe Street. Image Credit: Google Maps

Plumbing subcontractor completed work at construction site, but did not permanently restore sidewalks. Quality Plumbing, Inc. worked as a subcontractor at four construction sites on Staten Island. The four sites were located at 30 Metcalfe Street, 24-26 Windom Avenue, 65 Todt Hill Road, and 23 Highmount Road. For each address, Quality obtained a street opening permit from the Department of Transportation to perform excavation and plumbing work. Quality completed its plumbing work before the general contractor completed the construction work. Quality repaired the roadway when it completed its work, but left the sidewalk in a temporary state. Between August and October 2019, the DOT served six summonses charging permit violations on Quality for failing to repair the excavated sidewalk before its permit expired. (read more…)

Image credit: Jeff Hopkins

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for the City and private premises owners to win dismissal on trip and fall cases based on the triviality of the defect.

Under the common law, municipalities generally have the duty to keep their streets and sidewalks in a reasonably safe condition. To prove a breach of this duty, a plaintiff who tripped on a sidewalk trip hazard and was injured must prove that the municipality either caused the defective condition, or that a condition caused by natural occurrences or a third party existed for a sufficient amount of time that the municipality had constructive notice of and could have repaired the condition. Unless actual notice is established, latent defects will not impose liability if the municipality did not cause the defect. In addition, a plaintiff bringing a common law claim must show that the defect was not trivial. What constitutes “notice” and “trivial” in New York, however, has been subject an evolving standard over the past century. (read more…)

Councilmember Ben Kallos. Image credit: William Alatriste/NYC Council

Bill would increase penalties on property owners for failing to maintain pedestrian curb ramps.  On June 26, 2015, New York City Councilmember Ben Kallos introduced a bill that would increase responsibility on the property owner for maintaining pedestrian curb ramps connecting City sidewalks to crosswalks.  A study by the Center for the Independence of the Disabled New York found that out of 1,000 curbs located in lower Manhattan, 75 percent were hazardous for disabled residents.

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