NYC to stick property owners with slip-fall bill

In recent years New York City mayors have sought a long list of sorely needed limitations on municipal liability, but have been rebuffed at each turn by the city council and state assembly. Now the city council has deigned to pass one item from City Hall’s request list, and — wouldn’t you know? — it’s […]

In recent years New York City mayors have sought a long list of sorely needed limitations on municipal liability, but have been rebuffed at each turn by the city council and state assembly. Now the city council has deigned to pass one item from City Hall’s request list, and — wouldn’t you know? — it’s the least logical and attractive of the bunch. Under a bill signed last month by Mayor Bloomberg, the city will no longer be liable for claims of injury following falls on sidewalks, currently a $50 million/year drain on the municipal fisc. Instead, the owners of adjacent buildings will be liable — even though they lack even the right (let alone the responsibility) to call in crews to dig up and re-lay sidewalks that cause a hazard by cracking or heaving out of alignment. Moreover, property owners will be required to maintain insurance against this unabatable hazard, which should keep trial lawyers happy by guaranteeing them a convenient pocket to go after. (Frank Lombardi, “City won’t pay up for sidewalk falls”, New York Daily News, Jul. 17). More: reader response and further discussion Aug. 7.

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