Walk Carefully
Or You Too Will Get A “Fall Risk” Bracelet
PART 1 - The Walk
Walking is one of the best exercises you can do. It’s cardiovascular exercise that increases your heart rate, improves blood flow, and can boost energy from the increased production of hormones. A daily 30 minute walk can lead to weight loss and improved health. Walk briskly for a shorter period of time will decrease your chances of heart disease and dementia. Walking slowly for a longer period of time will decrease your risk of injury.1 Whichever you choose, it’s really just great to be outside and moving.
My sister has been walking for exercise for at least 40 years. Way back she would go around the 1/4 mile track at the local high school 16 times on a daily basis. These days she walks in the streets near Riis Park and Ft. Tilden in NY. When I’m visiting NY I often get up at the crack of dawn and head out with her. That’s where I was this past week, and all was well until two days ago. We went for walk to the coastal defense resources at Ft Tilden called the Battery Harris and the Nike Missile Launch Site.2 The day was great. The weather was nice, a bit overcast but not too warm. We walked along the boardwalk, continued the back way through Ft. Tilden and eventually reached the missile launch site. We climbed up the stairs to get a view of the ocean as we looked south and then the NYC skyline as we turned towards the northwest.
PART 2 - The Incident
The day changed abruptly when we got halfway down the block from my sister’s house. I clearly saw the irregular sidewalk - a section of concrete raised a good 4-5 inched above the normal path. I tried to veer around it when I got caught on equally uneven pavers (there was no lawn on this property).
As if it was happening in slow motion, I could feel myself falling towards the left. I had been out taking pictures with my new camera, and my only thought was, “save the camera”. Why? Because last October during a photography trip to Sleepy Hollow cemetery I bumped my camera into a headstone and took a chunk out of the bottom. The missing piece of plastic is large enough that I can see the electronic circuitry inside. The camera still works but it’s no longer waterproof, so using it outdoors for any extended trip is dicey. Though not the top of the line, my camera body (just the camera, not the lens) costs $2000.00 . So I saved the camera and instead sacrificed my head and shoulder. (Chances are I still would have messed up my head and shoulder, but the camera would have been smashed as well).
So there I am, sitting on the ground. Head injuries bleed so severely because of all the blood vessels in the head. They often look so much worse than they really are. In my case my head bounced off the pavement, causing two wounds. My sister said she thought I cracked my skull based on the sound she heard. A workman at a nearby house came rushing over to me, urging me to stay down and remain calm. Holding my arm, he said, “relax, mommy, you’ll be ok” (such a kind stranger, right?). Someone called 911, and it seemed like within minutes an FDNY ambulance showed up. I decided to have the EMT’s take me to Coney Island Hospital.
PART 3 - The Clean-up
Going to a hospital emergency room is an experience. I’ve heard of people who get a friend or family member to drive them, and they wait forever to get seen, no matter what their condition. But when the FDNY ambulance takes you to the hospital, you are treated like royalty. Immediately after showing my insurance credentials and getting tagged, I got put into a room and had people attending to me. There was a nurse, a PA, a doctor, and then someone else, probably from billing, who stopped by. I was put on a bed and taken for a cat scan just to make sure my skull wasn’t cracked (it isn’t) and an x-ray to ensure my shoulder wasn’t broken or dislocated (it isn’t). Then the cuts on my head were cleaned and sterilized (that really hurt a lot), I was given lidocaine to numb my head (those six or seven shots didn’t hurt), and then 5 stitches to patch up my wounds (of course this didn’t hurt because of the lidocaine injections). I was out of there with discharge papers in my hand and on the corner of Ocean Avenue and Shore Parkway waiting for my sister and niece to pick me up, less than three hours after my head hit the ground.
It’s only been two days, and of course no bills have been generated yet. It will be interesting to see the price of this fabulous service. Time will tell.
PART 4 - The Law
The first thing that goes through everyone’s head at this point in the story is, “get a personal injury lawyer and sue the bastards who own the property”. Yeah, that sounds great, but suing for an injury like this ain’t that easy. Here’s what I have learned about falling on the sidewalk and suing someone (at least in NYC).
New York City owns the sidewalk, not the homeowner.
If there is a damaged sidewalk, it should be reported to NYC DOT by calling 311 or 212-NEW-YORK (212-639-9675)
NYC relies on property owners to maintain the sidewalk adjacent to their property, including repairs and removal of snow, ice, or debris. Property owners are responsible for installing, repairing and maintaining sidewalks adjoining their properties (Section 19-152 of New York City's Administrative Code).
Any claim of injury caused by a damaged sidewalk must be reported within 90 days to the city.
(Now this one is really important) If there has never been a reported damaged sidewalk, the poor slob who gets injured on said sideway is shit out of luck.
Your obvious question now is, “how would I know if a report has been made on a damaged sidewalk?” Under the Freedom of Information Law (FOIL), you get copies of New York City Agency records, information, and other material on a specific address and that will tell you if a complaint was made. The lawyer I called said it takes anywhere from 3-6 months to get this information.
(Now this one is really important as well) If there has been a reported damaged sidewalk, the poor slob who gets injured on said sideway can sue if the homeowner never corrected the problem.
If you qualify to file a lawsuit, then you will be suing the City of New York, not the homeowner I guess they get in trouble with the city for never correcting the damage, I’m not sure. A lawsuit against NYC can take years and I would imagine several doctors appointments and tons of paperwork. If one does decide to go ahead with court proceedings, they SHOULD NOT expect any sort of quick payout
PART 5 - Now What?
It sucks that you can get hurt by just walking down a city street. And those injuries you sustain are compounded by the costs you incur when you seek medical attention. In my opionion of what is fair, it seems that medical expenses not covered by insurance should be paid by the entity whose negligence inflicted the injury. But this is not the case. Lawyers don’t want to be bothered with a lawsuit to cover a broken camera, a cut on the head, and a sore shoulder. And who can blame them? The paperwork and time it takes for these cases is crazy. So unless your injuries are so severe and/or you want to spend years in treatment for soft tissue damage, a lawsuit is not the way to go.
Here’s an interesting case that made national news. In 1992, a lawsuit was filed by a woman who burned herself when the hot McDonalds coffee she was putting creamer into fell in her lap. People might say, ”didn’t she realize hot coffee was hot?” But this case was not as frivolous as one might think. The plaintiff was willing to settle for her medical costs and lost wages. McDonalds wanted none of that, instead offering her a minimal amount to go away. The woman sustained 3rd degree burns from the dangerously hot coffee McDonalds was serving. The most interesting statement from the website link above is that McDonald’s admitted at trial that consumers were unaware of the extent of the risk of serious burns from spilled coffee served at the then required temperature for the coffee they served.
CONCLUSION
I was not seriously injured because I‘m healthy and active. My injuries will heal and I’ll be as good as new soon. I’ll have a story to tell when someone asks where I got the scar on my head, and of course the true facts will be embellished. And the next time I go for a walk, I will make sure I’m paying attention to holes, cracks, and concrete slabs lifted five inches above normal. I suggest everyone reading this does the same, unless you also want a fashionable “fall risk” bracelet.
Walk Fast or Walk Longer; https://www.liveinhomecare.com/walk-fast-or-walk-longer/information/
Ft Tilden - Gateway National Recreation Area; coastal defense resources including Battery Harris and the Nike Missile Launch Site
I love this part: "A workman at a nearby house came rushing over to me, urging me to stay down and remain calm. Holding my arm, he said, “relax, mommy, you’ll be ok” (such a kind stranger, right?)."