Written by: Jesse Minc Portrait Jesse Minc
Trip and fall

Recently, Jesse Minc settled two substantial Bronx sidewalk accident cases for a total of just under $3,500,000.00 with the City of New York.  In these cases, we were able to make the City of New York pay by proving that it knew about, and ignored, the dangers presented by its failure to maintain public sidewalks in the Bronx in a safe condition.   In telling these stories, we hope to educate Bronx accident victims about their rights if they are injured because of a hazard on a sidewalk in the Bronx, or anywhere else in New York City.  

 On a beautiful October morning, our client was walking on a sidewalk at the corner of East 162nd Street and Park Avenue in the Bronx when he stepped into a large hole in the sidewalk, falling to the ground. He was taken to the hospital via ambulance from the scene, and ultimately diagnosed with injuries to his left ankle, left knee and lumbar spine (the medical term for the lower back).  Our client was taken to the hospital in an ambulance from the scene.  Over the course of the ensuing years, he underwent several surgeries to treat his injuries, and dealt with immense pain and suffering.  We were able to prove that The City of New York had received prior written notice of the conditions that ultimately created this hole in the sidewalk over the course of the preceding 17 years, most recently a mere four months before the accident. The evidence showed that the City of New York had sent a contractor out to repair the defect; but the contractor simply made the defect larger than it was before, and failed to warn the public or close off the area until the work was completed.  This allowed our client to fall in the hole as he was walking along the sidewalk, minding his own business.  Facing this proof of its negligence, the City of New York agreed to pay a $2,500,000.00 settlement to compensate our client for his pain and suffering, medical bills and lost earnings.  

Another client of ours, walking along the public sidewalk next to the Kossuth Playground on Moshulu Parkway North in the Bronx, tripped and fell over a raised sidewalk flag (the square pieces of concrete that make up a sidewalk).  When this happened, his ankle twisted and snapped.  He was taken to the hospital in an ambulance, and diagnosed with a trimalleolar ankle fracture and syndesmosis dislocation (a very severe ankle fracture) which required immediate surgical treatment via implantation of a plate and several screws to hold the bones in place.  We were able to prove that the City of New York, who owned the playground next to which this defective sidewalk was located, had been told about this dangerous condition on its sidewalk over a decade before the accident, but did nothing to repair it.  In the face of these facts proving its dilatory behavior and extreme negligence, the City of New York agreed to pay our client a $925,000.00 settlement to compensate him for the pain and suffering he endured in this accident.  

One important lesson of these cases is that, if you are injured, you need to hire attorneys who understand the legal nuances of your case, and who will fight to the bitter end to discover the evidence necessary to prove your case.  Especially with sidewalk accident cases in which the City of New York is the defendant, this is because there is a special law – known as the “Pothole Law”, or § 7-210 of the Administrative Code of the City of New York – that requires proof that the City of New York had “prior written notice” of a sidewalk hazard in order to hold the City liable, no matter how egregious the hazard may be.  In both of the cases discussed in this article, this was a hurdle that we had to clear for our clients to obtain justice; and to be compensated for their losses, pain and suffering.  We did so successfully because we know the law, and know what evidence to obtain in order to prove our clients’ sidewalk accident cases.  

If you, a friend, or any other loved one has been injured in a Bronx sidewalk accident, or any other type of accident, call Jesse Minc at (718) 354-8000 for a free consultation.  We have obtained millions of dollars for deserving accident victim in the Bronx and all over New York, and stand ready to fight for you and your family in your time of need.  

Category: Personal Injury