“Going up against the city, I know they were going to use their best lawyers against me. That’s why I knew I needed the best lawyers on my side.”
-Frank D. from Long Beach, NY
New York City Trip and Fall Lawyer
On April 2, 2013, Frank was walking south on 7th Avenue at the intersection with Leroy Street when he tripped and fell on a defect on the sidewalk/curb. After the accident, Frank was unable to straighten his legs and walk due to excruciating pain. Emergency medical services applied a splint with ice packs to Frank’s knees and transported him to Bellevue emergency room, where he was diagnosed with the following injuries:
The defect, which measured 16 inches on the longest length, was located on the curb and sidewalk (pictured above). Due to the location of the defect, the City of New York argued that they were NOT liable for Frank’s accident since they claimed it occurred on the sidewalk and not the curb. The City pointed their finger to the property owner, stating that it was the owner’s responsibility to maintain the sidewalk adjoining their building and the City was responsible for the curbs/streets.
The City relied on New York City Administrative Code (NYCAC) § 7-210 (b), which states that “the owner of real property abutting any sidewalk…shall be liable for any injury to property or personal injury.” The City also used NYCAC § 7-201(c)(2), which states that no civil action can be maintained against New York City for personal injuries or death sustained as a result of any street (or sidewalk) because of a dangerous defect unless written notice of the dangerous defect was given to an authorized person/department at least 15 days prior to the accident.
With the city and building owner going back and forth as to who was responsible, Adam Handler was hired by Frank’s attorney to take the case to trial. Adam argued that the City and the building owner should both be responsible for Frank’s injuries because the defect existed on the edge of the curb/sidewalk. He proved that § 7-210 does not apply to injuries resulting from a defective curb condition and that the City had prior written notice of the defective sidewalk/curb for months preceding Frank’s accident.
Prior to Adam’s involvement, the City offered $50,000, however, Adam negotiated a $500,000 settlement with the City and a $200,000 settlement with the building owner just prior to jury selection.
Congratulations Frank on your $700,000 settlement! Thank you for allowing us to be part of this victory and allowing for a great show! Click on the player above and listen for yourself.
Fighting a legal battle against a large entity such as New York City may seem intimidating and hopeless – but that is what The Case Handler team does every day. Whether it is New York City, Newark, Jersey City or other large establishment, their goal is always the same – to pay the least amount of money possible. Don’t settle with mediocre compensation for your life changing injuries that wasn’t even your fault. Get the best results with a trustworthy New York City trip and fall lawyer that has achieved record-breaking client recoveries. For a case evaluation, call The Case Handler team at 929-223-4195 or contact us online.
**Attorney Advertising. Prior results do not guarantee a similar outcome.
Helping Injured Victims in New York and New Jersey Since 2004
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PASSENGER STRUCK BY MTA BUS DOOR
MTA BUS ACCIDENT RESULTS IN LEG FRACTURE
PASSENGER INJURED IN VEHICLE
PEDESTRIAN HIT BY CAR
FAILURE TO PROPERLY MONITOR PATIENT DURING PROCEDURE
TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE
PEDESTRIAN STRUCK BY BUS
PEDESTRIAN STRUCK BY FORKLIFT
REAR-END ACCIDENT RESULTS IN KNEE SURGERY
SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE
REAR-END CAR ACCIDENT
CONSTRUCTION WORKER SCAFFOLD FALL
Since 2004, I have been obtaining justice for accident victims by making sure they receive full compensation for their injury, medical bills and loss of income. To date, the total recovery for my clients has been over $125 million $125 million dollars. The law provides for a one-time recovery in personal injury actions making your choice…
I have been fighting for the rights of victims since 2008, whether it be for the rights of those injured in accidents, those injured in workplace accidents, or crime victims. I believe that the best resolutions come from attorneys that are invested in their clients – and that is the type of relationship that The…
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