Syracuse Personal Injury Law Blog
People walking on public sidewalks should be able to expect that municipalities will maintain reasonably safe walking conditions. When a dangerous sidewalk defect causes a serious fall, however, injured pedestrians often encounter legal hurdles that do not exist in other personal injury cases. One of the most significant is the prior written notice requirement, which frequently shields municipalities from liability unless a recognized exception applies. A recent New York decision demonstrates that a municipality may still be held accountable when its own work immediately creates a dangerous sidewalk condition. If you have been injured in a slip, trip, or fall caused by unsafe public property, you should speak with an experienced Syracuse personal injury attorney to determine whether you may have a viable claim.
Case Setting
Allegedly, the plaintiff suffered injuries after tripping over a raised section of sidewalk located within the defendant village. The plaintiff contended that the dangerous condition resulted from sidewalk repair work performed by the municipality. According to evidence submitted during the litigation, the plaintiff’s husband observed that the sidewalk had been improperly reinstalled, creating an uneven and unsafe walking surface. He further stated that he immediately contacted the municipality’s Superintendent of Public Works to report the hazardous condition after observing the completed repair.
Reportedly, the plaintiff filed a personal injury action seeking damages for the injuries sustained in the fall. The municipality moved for summary judgment, arguing that the lawsuit should be dismissed because it had never received the prior written notice ordinarily required before a municipality can be held liable for defects in public sidewalks. The municipality also argued that the sidewalk defect was too minor to constitute a dangerous condition. The trial court denied the motion, and the municipality appealed.
Exceptions to the Prior Written Notice Requirement
On appeal, the court explained that municipalities are generally protected from liability for sidewalk defects unless they receive prior written notice of the hazardous condition. Once a municipality establishes that no such notice was received, the burden shifts to the injured plaintiff to demonstrate that a recognized exception applies.
The court concluded that the plaintiff presented sufficient evidence to raise a genuine issue of fact regarding one of those exceptions. Specifically, New York law recognizes that prior written notice is not required when a municipality’s own affirmative negligence immediately creates the dangerous condition that causes the injury. The plaintiff relied on evidence indicating that municipal workers improperly reinstalled an existing sidewalk slab, leaving the walking surface uneven immediately after the repair work was completed.
The municipality argued that inconsistencies between the husband’s affidavit and his deposition testimony prevented the plaintiff from relying on that evidence. The appellate court rejected that argument, explaining that questions concerning the credibility of witnesses are reserved for the jury and generally cannot be resolved on a motion for summary judgment. Because a reasonable jury could conclude that the municipality’s repair work directly created the hazardous sidewalk condition, dismissal of the action was inappropriate.
The court also rejected the municipality’s contention that the sidewalk defect was too trivial to support liability. Viewing the evidence in the light most favorable to the plaintiff, the appellate court concluded that the municipality failed to establish as a matter of law that the condition was insignificant. Accordingly, the court affirmed the denial of summary judgment, allowing the plaintiff’s personal injury claim to proceed toward trial.
Meet with a Trusted Syracuse Personal Injury Attorney Today.
If you or a loved one were injured in a slip or trip and fall accident brought about by another’s negligence, don’t wait to protect your rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our trusted Syracuse slip and fall attorneys can assess your case and aid you in seeking the best outcome possible. Contact our office through our online form or call 833-200-2000 today to schedule a free, confidential consultation with an experienced personal injury attorney.