$1 Million Sidewalk Trip and Fall Settlement, Bronx

Raphaelson & Levine secured a $1 million settlement for a Bronx woman who tripped and fell over a broken and loose utility cover on the sidewalk at 3216 Decatur Avenue, suffering injuries to her right knee, lumbar spine, thoracic spine, and cervical spine — the same defect that had already injured a child in a prior incident.

A Known Sidewalk Defect on Decatur Avenue in the Bronx

Some accidents happen because a hazard goes unnoticed. This one happened because a known hazard was ignored. Our client was walking on the sidewalk adjacent to her apartment building at 3216 Decatur Avenue in the Bronx when she tripped over a broken utility cover embedded in the pavement. The metal cover was loose, broken, and had a piece missing — creating a gap that caught pedestrians' feet as they walked over it.

The fall caused injuries to her right knee, lumbar spine, thoracic spine, and cervical spine. But what makes this case particularly egregious is what our investigation uncovered: a young girl had already been injured in a prior accident caused by this exact same defective utility cover.

Prior Notice: The Strongest Evidence of Negligence in the Bronx

In premises liability cases, proving that the property owner knew about a hazard is often the hardest part. Here, the evidence was undeniable. Our trip and fall attorneys obtained records of the prior incident involving a child at the same location, which established that the property owner and the utility company responsible for the cover both had actual notice of the defect.

Despite knowing that the utility cover was broken and had already caused an injury, neither party repaired or replaced it. Our attorneys retained a civil engineer who inspected the sidewalk and confirmed that the utility cover had been in a state of disrepair for an extended period, and that the fix — replacing or securing the cover — was straightforward and inexpensive. The failure to act after a child was hurt made the negligence indefensible.

$1 Million for a Bronx Sidewalk Trip and Fall

The $1 million settlement compensates our client for her knee injury, spinal damage across three regions, medical treatment, lost wages, and the pain caused by a sidewalk defect that should have been repaired after the first person was hurt — let alone the second.

"A child had already been hurt by this exact same broken utility cover. The property owner knew about it. The utility company knew about it. And neither one of them did a thing to fix it. When our client fell over the same defect, there was no excuse left. That's not just negligence — it's indifference."

— Joseph Taylor, Managing Attorney at Raphaelson & Levine

If you've been injured in a trip and fall over a broken sidewalk, utility cover, or any street-level defect in the Bronx or New York City, our Bronx personal injury attorneys have extensive experience with sidewalk defect claims against property owners and utility companies, and are ready to review your case. Contact us for a free consultation.