Q: Is a townhouse association responsible to keep sidewalks on their common property free from hazardous debris?

A: This looks like it might be related to a similar slip & fall matter on this forum, based on the circumstances of the accident and the geography. Yes, there is a duty to maintain property free of debris - that would go to the issue of liability. As mentioned in my earlier post, liability is something that could be discussed in further detail in a consult. Attorneys who handle such cases typically offer free initial consults without obligation. You may have already started to search for attorneys - you could supplement your efforts with the "Find a Lawyer" tab above or the referral sections of local and state bar associations. Those resources are outside this Q & A forum, so any arrangements would be between you and the law firms you reach out to. Best wishes for a healthy recovery - I hope you recover the use and strength of your hand. Good luck

A: I'm sorry to hear about the serious injuries you suffered. Navigating liability in situations like this can be complicated, but understanding your legal rights and the responsibilities of the townhouse association can help determine whether you have a valid claim.

In New York, townhouse associations and property management companies have a duty to maintain common areas, including sidewalks, in a reasonably safe condition. This duty falls under premises liability law, which holds property owners or entities responsible if they fail to address known hazards that lead to injuries. If the association was made aware of the dangerous condition, such as a recurring buildup of leaves and debris, and failed to take action, they could be found negligent.

To establish liability, you must prove that the townhouse association had actual or constructive notice of the hazardous condition. Actual notice means that the association was explicitly informed of the problem, which in this case may be supported by your past warnings at board meetings. Constructive notice means that the condition existed for such a length of time that the association should have known about it and taken action. If the debris accumulated regularly and the association failed to implement a maintenance plan, they may be responsible for the unsafe condition.

Comparative negligence could also be a factor in your claim. Under New York’s comparative negligence rule (CPLR § 1411), if you are found partially responsible for the accident—such as if the defense argues that you should have been more careful while walking—you could still recover damages, but your compensation may be reduced based on your degree of fault.

To strengthen your case, you should gather as much evidence as possible, including:

--Documentation of Prior Complaints: If you have meeting minutes, emails, or other records proving that you informed the townhouse association of the issue, these can help establish actual notice.

--Photographs of the Hazardous Condition: If you or someone else took pictures of the sidewalk where you fell, these can be useful in showing the extent of the debris.

--Medical Records: Keep all medical documentation related to your injury, surgery, and therapy, as well as any statements from your doctor regarding permanent impairment.

--Witness Testimony: If others were aware of the hazard or heard your complaints at board meetings, their testimony could support your case.

If the townhouse association is found liable, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and any long-term disability resulting from your injury. Consulting with a personal injury attorney who handles premises liability cases will help you assess the strength of your claim and the best approach to pursuing compensation.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: Sorry to hear what happened to you. To prevail in a lawsuit against the townhouse development, you'd have to establish the existence of a dangerous condition about which the development had notice (actual or constructive). Even assuming the development had notice of leaves / debris on the sidewalk, I'm not sure this constitutes an unsafe condition and a foreseeable slipping hazard. If you have photographs of the condition, consult with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.